Charges have been dropped against a 37-year-old Pahoa man who allegedly coughed and spit on staff at Malama Market, told them he had coronavirus and attacked workers with a shopping cart after being told he couldn’t buy booze.
Hilo District Judge Kanani Laubach on April 30 granted a motion by prosecutors to drop charges against Mark V. Blankley.
Blankley was charged with strong-arm robbery during a declared emergency, a Class A felony punishable by up to 20 years imprisonment upon conviction, plus first-degree terroristic threatening, marijuana possession and attempted fourth-degree theft.
The dismissal of the charges is without prejudice, meaning prosecutors are free to refile the charges.
The motion filed by Deputy Prosecutor Evans Smith requested the charges be dropped “for investigation of new evidence.” It didn’t specify what the new evidence is.
Asked if the evidence is exculpatory — which means it might exonerate Blankley of the charges — Hawaii County Prosecutor Mitch Roth replied “possibly.”
“I can’t go into the facts, but I can tell you that there was new evidence presented to us,” Roth said.
Court documents filed by police state that at 2:36 p.m. April 26, police responded to a report of an intoxicated person at the grocery store who was restrained by store staff.
According to documents, Blankley had almost $85 worth of items in his shopping cart, including a 750 ml bottle of Hana Bay rum, when detained.
When issued a written refusal notice to sell Blankley alcohol because of behavior on the store premises, he allegedly became irate and attempted to force his way out of the store with the cart containing the unpaid groceries and liquor.
Documents state Blankley violently shoved his way past four other registers, striking a 50-year-old woman employee in the midsection with the cart and attempted to shoulder his way past her. He also allegedly struck two other employees — a 36-year-old man and 35-year-old woman — when they grabbed the shopping cart and tried to calm Blankley down.
A 29-year-old store detective then told Blankley if he paid for the items, all he had to do is provide a receipt and he would be free to leave, according to documents.
At that point, Blankley told the four employees and a 31-year-old woman manager he had coronavirus and started to cough and spit in their faces from about 2-3 feet away, documents state. All were reportedly alarmed because of the COVID-19 pandemic.
The arresting officer reported finding two folding pocket knives, a .308 caliber bullet and a glass pipe with marijuana residue on Blankley’s person.
According to documents, Blankley told police, “I only stole two sausages and an onion,” and “I was mad because they would not allow me to buy alcohol.”
He also reportedly said he doesn’t have coronavirus and should have just left the items in the store and walked out.
In an unrelated case filed April 29, Blankley was cited April 12 by state Department of Land and Natural Resources enforcement officers for an alleged violation of Gov. David Ige’s emergency stay-at-home order.
The citation states that Blankley was “loafing” at Kehena Beach in lower Puna and “was not engaged in any essential activity.”
According to the citation, Blankley received a previous warning April 5 for violation of the stay-at-home order.
Blankley, who gave authorities a Kahului, Maui, address, was ordered to appear at 8:30 a.m. June 19 in Hilo District Court.
The emergency order violation is a misdemeanor charge that carries a possible year in jail and $5,000 fine, upon conviction.
Email John Burnett at jburnett@hawaiitribune-herald.com.