The judge in a state animal cruelty trial ordered a defense witness released from custody Thursday after the witness apologized for making a comment in court that could be interpreted as a threat.

Circuit Judge Edward Kubo Jr. charged Wes Schlitzkus with contempt of court Wednesday and had him taken into custody in lieu of $5,000 cash-only bail after two people reported hearing Schlitzkus say, “You better not come to Waianae.”

After having Schlitzkus spend Wednesday night in custody at Oahu Community Correctional Center, Kubo withdrew the charge and had Schlitzkus released after Schlitzkus told Kubo, “I’m so sorry, I didn’t mean to threaten or disrespect anybody.”

Schlitzkus said he was trying to say that people not from Waianae don’t understand the conditions there. He made the comment as he was passing between the prosecution and defense tables. He had just testified and was walking out of the courtroom for a recess.

Jurors were still in the courtroom when Schlitzkus reportedly made the comment. The juror closest to Schlitzkus told Kubo she heard Schlitzkus mumbling but couldn’t discern what he said.

Schlitzkus testified as a witness for David “Lanny” Moore, who along with his mother, June Moore, was on trial for 24 counts of animal cruelty in connection with the October 2016 seizure of more than 300 dogs from their Friends for Life no-kill animal rescue shelter in Makaha.