A local Kaua’i artist was sentenced to a year in jail in a Līhu’e courtroom on Tuesday in a plea agreement for a case revolving around an alleged threatening letter left on a County Councilman’s desk in January.

The sentencing raises questions about the fairness of the legal proceeding due to the ambiguity of the document in question, a cited lack of intent to threaten, medical professionals deeming the defendant unfit to proceed, and potential conflicts of interest due to personal relationships between key parties. 

Glenn Gruenhagen, 67, had been facing first-degree terroristic threatening, a class C felony, punishable by up to 5 years in prison and $10,000 in fines, after he brought a document, described by police as a “threatening letter,” to the Historic County Building in Lihuʻe on Jan. 12. The letter was left on Councilman Billy DeCostaʻs desk and reported to police on Jan. 16. Gruenhagen reportedly returned to the building on Jan. 17 and Jan. 19 before being arrested. He has been in jail at the Kauaʻi Community Correctional Center since Jan. 25, and despite a lack of violent criminal history, his bail was set at $100,000.

Gruenhagen appeared for a scheduled status review on Tuesday morning which unexpectedly transitioned into a change of plea, followed by instant sentencing by Fifth Circuit Court Judge Kathleen Watanabe. 

Public Defender John Calma and Prosecuting Attorney Lawrence Sousie, who appeared in person from Honolulu for the hearing, had agreed to a resolution for the case, which reduced the charges to terroristic threatening in the second degree, a misdemeanor punishable by up to one year in jail, fines up to $2,000, or both. 

During the sentencing, Sousie read aloud the agreed settled facts and circumstances, stating Gruenhagen “threatened beyond word to cause bodily injury to another in the reckless disregard of terrorizing Mr. DeCosta.” 

The plea agreement was revealed following the attorneys’ private discussion with Watanabe, which proposed to sentence Gruenhagen to the maximum of one year in jail, with credit for time served. “The court is going to side with that,” Watanabe said.

Medical examiners found Gruenhagen unfit to proceed

In court, Watanabe stated that two out of three psychological doctors who examined Gruenhagen found him unfit to proceed. Despite this, Calma confirmed that his client was prepared to stipulate being fit to proceed, a decision also influenced by a plea agreement. “The consideration for this is that there has been a plea agreement reached,” Watanabe said.

Gruenhagen noted being on abilify, an antipsychotic medication known to treat schizophrenia, bipolar disorder, and major depressive disorder. He stated that the medication keeps him “in the middle of the road” and affirmed that his mind was clear.  

Gruenhagen also waived his right to a mental health diagnostic report, which Watanabe estimated would take up to three months to complete – allowing the court to proceed with sentencing that day. 

When Watanabe asked Gruenhagen why he was changing his plea from not guilty to guilty, Gruenhagen expressed feeling it would be too much to proceed with a trial. “I’m guilty of the crime. I’ve had some time to think about it, and I didn’t want to go through the trial and all that stuff ’cause it’s just too much,” he said.  

In an interview following sentencing, Prosecutor Sousie noted that the courts are not bound by doctors, and that the court had found him fit to proceed that day. He noted if Gruenhagen had been unfit to proceed, it would’ve likely been a lengthier process, which would have included Gruenhagen’s confinement in a state Department of Health facility until deemed competent.

Lack of intent, ambiguous document

During the hearing, defense attorney Calma stated that Gruenhagen “is sorry for what happened … He had no intent to actually threaten Mr. De Costa.” Just prior to that statement, Calma said Gruenhagen feels he would be “a much better man” if he stays in jail for a full year.

Gruenhagen’s note is also ambiguous, and its precise meaning is not clear. Although court records describe the document as a “letter,” it isn’t addressed to anyone and resembles a poster of some kind.

The writing, which appears to accuse DeCosta himself of decades-long harassment, reads:  “Old Dogs Rule. Councilman ‘Billy De Goat’ hunted me down, like a wild animal, in Kokeʻe for 25 years and couldn’t catch me! Cuz, I own a dog! Run your dog, not your mouth! Billy hunted becomes hunter it’s election year! Once you’ve hunted humans there’s no other game! Let ‘em know who’s boss! Old Dogs Rule.” 

Sousie mentioned the phrase “hunted becomes hunter” stood out to him as a threat when discussing the letter following the sentencing. But he was uncertain about the line’s exact meaning and admitted he had not been able to make sense of the note in its entirety – stating the letter was subjective and open to interpretation.

Sousie stated perceptions of what is considered a threat can vary among individuals, where what one person considers threatening might not be perceived the same way by another. Since DeCosta felt threatened, it was his concern that drove the charge, Sousie said.

Defense attorney and DeCosta have close ties

In a county council meeting on Feb. 8, 2023, DeCosta referred to Calma as “Uncle John,” suggesting a longstanding friendship appearing to go back to his childhood. “I want to say that I am proud to call you Uncle John. You are that man. Thank you for being who you are,” DeCosta said during a discussion about Calma joining the County Police Commission.

Although the case had been transferred to the Honolulu Prosecutor’s Office due to a conflict arising from DeCosta’s role as a council member, similar measures were not taken for Gruenhagen’s attorney. When Kaua’i Now asked about a possible lack of fairness due to DeCosta and Calma’s friendship, the County of Kaua’i Prosecutor’s Office referred all questions to the Honolulu Prosecutor’s Office.

Honolulu Prosecutor Sousie expressed uncertainty about why the case was handled by Calma instead of being transferred to a defense attorney in another county. He mentioned believing that Calma had done a good job on the case and said he “didn’t detect any hint of nepotism.”

It’s also noteworthy that another council member, not Gruenhagen, had left the alleged threatening document on DeCosta’s desk. Although Gruenhagen had brought the document to the building, the council member in question stated that they did not believe Gruenhagen posed any threat during their discussions at the county building.

However, when questioned, Sousie said that the fact that Gruenhagen did not leave the document on the desk himself was an argument that would’ve been made at trial.

DeCosta’s influence on case

Sousie called the resolution of the case a good outcome, saying that both Gruenhagen and DeCosta wanted the agreed-upon resolution. Sousie also noted that Gruenhagen had been offered probation but preferred to serve one year in jail. “One of the biggest factors” in determining the one-year sentence was the input from complainant DeCosta, Sousie said. He noted that DeCosta completely supported the decision to amend the charge from a felony to a misdemeanor. If DeCosta had opposed any of the amendments, Gruenhagen would have likely gone to trial on a felony, Sousie added.

In a message response following the sentencing, DeCosta wrote, “I believe the sentence is fair and reasonable, and I am satisfied with the resolution of this case. I have no further comment on this matter.” 

Roughly a week before the latest hearing, Janice Slomenski, who said she had been Gruenhagen’s landlord for approximately 12 years, contacted Kaua’i Now to share her thoughts on the defendant. “He’s nonconfrontational. Never fights, never argues,” she said. When asked if she had seen the letter, Slomenski stated, “Knowing Glenn, it’s harmless.” 

Adam Killermann, who lives in Hanapēpē, also contacted Kaua’i Now about the case, claiming to have known Gruenhagen for years and initially hiring him for a work release program for a prior conviction, related to a class C felony marijuana charge in 1994, which resulted in him serving five years in prison. “I never, ever saw any violence. And he was never confrontational,” Killermann said.

“Violence is not in his playbook,” he added. “Anyway, he was a very harmless guy. He didn’t bother people. He worked well. He was working well with people.” Another man had made similar comments, supporting Gruenhagen’s non-threatening nature in a previous story regarding the case.

 Considering the time Gruenhagen has already spent at the Kaua’i Community Correctional Center, he has about 8.5 months remaining on his sentence.

In closing comments in court, Watanabe waived a $55 court fee and expressed a desire for Gruenhagen to spend time reflecting on his actions while in jail. “I hope, as Mr. Calma said, that the time in jail is going to make you a better person,” she said.