Two of three mental health professionals who examined a 41-year-old Volcano man who allegedly pulled a gun on his wife and two children during a domestic dispute last month found him unfit to stand trial, according to the man’s attorney.
Deputy Public Defender Michael Ebesugawa, standing in for Deputy Public Defender Jeff Ng, told Hilo Circuit Judge Glenn Hara on Tuesday “two of three doctors” recommended Ben Lucas Domingo be turned over to the custody of the state health director.
“We are asking that proceedings be suspended, that there be a determination of Mr. Domingo’s fitness to proceed,” Ebesugawa said.
The examinations were ordered in Hilo District Court and Domingo was to have had a fitness hearing there Nov. 6, but a Hilo grand jury indicted Domingo on Oct. 7 for kidnapping, being a felon in possession of a firearm, four counts of terroristic threatening and two counts of violating a protective order.
The indictment moved Domingo’s case to the higher court.
Hara granted Ebesugawa’s request and set a fitness hearing for 8:30 a.m. Nov. 3.
The police Special Response Team, the department’s SWAT unit, responded to the family’s Mokuna Street home the evening of Sept. 4 and members of the Crisis Negotiation Team communicated with the family all night.
Domingo was arrested the following morning without incident and no one was injured.
Police executed a search warrant and found a .22-caliber semi-automatic pistol, according to court documents.
Domingo remains in custody at Hawaii Community Correctional Center in lieu of $117,000 bail.
Email John Burnett at jburnett@hawaiitribune-herald.com.