POSTED: 7:11 p.m. HST, Feb 25, 2011
A man shot during a struggle with a state sheriff's deputy in Kunia Saturday is out of the hospital and in custody at Oahu Community Correctional Center.
An Oahu grand jury returned an indictment Thursday charging James C.K. Fontanilla III with a number of crimes including attempting to assault a law enforcement officer, driving a stolen car, resisting arrest and reckless driving.
The other charges are terroristic threatening, second-degree theft, attempted first-degree theft, driving without a license, resisting an order to stop and possession of marijuana, methamphetamine and drug paraphernalia.
He remains in custody unable to post $200,000 bail.
The state says the deputy saw Fontanilla making an illegal U-turn on Lagoon Drive, and when the deputy checked the license plates of the vehicle, learned it had been reported stolen.
The deputy ordered Fontanilla to stop but Fontanilla refused and fled with the deputy in pursuit. The chase continued on the westbound lanes of H-1 freeway.
Fontanilla ran from the vehicle after it stalled, said Vickie Kapp, deputy city prosecutor. The deputy ran after him. When the deputy caught up, Fontanilla tried but was unable to take the deputy's gun, Kapp said. Fontanilla instead took the deputy's knife.
The state says the deputy shot Fontanilla in the rear end.
Sheriff deputies arrested and charged Fontanilla's passenger, a 42-year-old Waipahu man, with unauthorized entry into a motor vehicle.