A judge today allowed an Army soldier to stay out of prison for at least another month while his request to be pardoned for a domestic violence conviction is processed.

Ernie Gomez, who was sentenced in 2005 to a mandatory five years in prison for terrorizing his wife with a semi-automatic handgun, will be allowed to continue serving in the Army as his pardon application goes through the review process.

Gomez has yet to serve a day of his prison term, drawing criticism from advocates for domestic violence victims.

Circuit Court Judge Michael Town set a Sept. 19 hearing to get an update on the pardon request, which has been reviewed by the Hawaii Paroling Authority and is now before the state Attorney General's office. Gov. Linda Lingle eventually will decide whether to grant the request.

An enraged Gomez put a gun to his wife's head at their 'Ewa Beach home in 2004 after he saw her kiss another soldier earlier in the day. The couple has since divorced, and Gomez, who remarried, now lives in New York.