Gov. Linda Lingle yesterday denied the pardon request of an Army soldier who was convicted three years ago of terrorizing his wife but has yet to spend a day in prison.

The court had allowed Sgt. 1st Class Ernie Gomez, who was sentenced in 2005 to a mandatory five-year prison term, to remain free while he pursued an appeal or, if that failed, a pardon.

With the pardon no longer a possibility, Circuit Judge Michael Town scheduled a hearing for Wednesday morning to lift his order deferring Gomez's prison term. Gomez, who now lives in New York, could be ordered to start serving his sentence that day.

Advocates for domestic violence survivors applauded Lingle's decision.

"It's really quite simple," said Dara Carlin, an O'ahu advocate. "Even kids know if you break a rule or law, there's supposed to be consequences."

FREE FOR 3 YEARS

Lingle's decision came after Gomez's pardon request made headlines this week, sparking outrage among many people who questioned why the court has allowed him to remain free so long after the sentence was imposed.

Lingle followed the recommendation of Attorney General Mark Bennett, who on Thursday advised the governor to reject the pardon request. Lingle's office sent Gomez a letter yesterday notifying him of the decision, but the letter didn't specify a reason, according to Lingle spokesman Russell Pang.

"After careful consideration of your case, the governor has determined that it would be inappropriate to grant you a pardon at this time," Lingle chief of staff Barry Fukunaga wrote.

Maurice Arrisgado, the senior deputy prosecutor who handled Gomez's trial, was pleased by Lingle's decision. Arrisgado had opposed Gomez's requests to remain free pending the appeal and pardon decisions and, when he lost those fights, asked the Hawai'i Supreme Court to order Town to execute the sentence. The high court refused to intervene, saying Town did not abuse his judicial discretion.

"Justice has been vindicated," Arrisgado said yesterday. "It should have been a long time ago."

Neither Gomez nor his lawyer, deputy public defender Taryn Tomasa, could be reached for comment.

Gomez's supporters, including high-ranking Army officers, have gone to bat for the soldier since his conviction, saying he has served his country and community well, has had no other criminal offense and is a devoted family man. Even the victim, Sherly Gomez, who no longer is married to Gomez, supported his pardon, according to court records.

QUICK DECISION

But this week's publicity probably prompted Lingle to make a quick decision and put the issue to rest, Arrisgado said.

"I think the governor saw that was the right thing to do," he said.

Gomez was charged in 2004 after his then-wife told police he put a semiautomatic handgun to her head, threatened to kill her and struck her multiple times as their 2 1/2-year-old daughter was nearby, crying and screaming. The incident came after Gomez earlier in the day saw his wife kissing another soldier on the cheek, Sherly Gomez testified at the trial.

A jury convicted Gomez of terroristic threatening, a felony, and abuse of a family member. Because Gomez used a semiautomatic handgun to commit a felony, he was subject to the five-year mandatory prison term — a sentence his supporters said was too harsh.

Advocates of domestic violence victims had criticized the court's decisions to allow Gomez to remain free, saying they sent the wrong message to the community at a time when domestic-violence killings have been on the rise.

"I'm going to count now on the judicial system to carry out the sentence," said Annelle Amaral, a former legislator who helped strengthen Hawai'i's domestic violence laws. "The time has come."