HONOLULU (KHON2) — According to the Honolulu Prosecutor’s Office, James Spivey was indicted on Saturday, Aug. 12.

Spivey, a 27-year-old man was charged with one count of assault against a law enforcement officer in the first degree, punishable for up to five years in prison.

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The incident scared numerous people in Waikiki as it happened at Kuhio Beach on Kalakaua Avenue.

Honolulu Police Department reported to the scene on Sunday, Aug. 7 to investigate a man carrying a handgun.

According to the Honolulu Prosecutor’s Office, HPD tried to arrest Spivey when he allegedly assaulted an officer.

Spivey was not charged for the possession of a hand gun because when police got hold of the handgun they came to find out it was only the frame of a handgun and was not a working firearm.

The Honolulu Prosecutor’s Office said, “Spivey is presumed innocent unless and until proven guilty.”

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Spivey’s bail was set at $30,000.