A Makiki man who was shot and arrested by an off-duty FBI agent May 9 on Tantalus Drive after allegedly threatening the agent and two motorists with what appeared to be a real gun is facing criminal charges.

Martin Boegel, 27, was arrested at The Queen's Medical Center Monday night and made his initial appearance in District Court yesterday morning.

Boegel was charged with two counts of first-degree terroristic threatening. He is scheduled to appear at a preliminary hearing at 1:30 p.m. tomorrow to determine if there is sufficient evidence to refer the case to Circuit Court for trial.

Boegel had been seen by a man and a woman allegedly holding a handgun outside his compact pickup truck at one of the overlooks along the 3300 block of Tantalus Drive.

The man and woman then flagged down a 31-year-old man, who identified himself as an FBI agent, police said.

The FBI agent was off duty when the shooting occurred about 1:15 p.m.

According to a police affidavit filed in support of an arrest warrant for Boegel, the agent told Boegel he was with the FBI and ordered him to put the gun down.

When Boegel refused and kept walking toward the FBI agent, the agent opened fire, the affidavit said.

It said the gun Boegel was holding turned out to be an "airsoft replica gun," but the orange plastic ring at the tip of the barrel — to indicate it was not a real gun — had been removed, the affidavit said.

Boegel was taken to Queen's in critical condition with wounds to his wrist and shoulder.

He had been confined at Queen's since the incident until his arrest Monday night.

Before the shooting, Boegel had been out on $100 bail on a charge of impersonating a police officer in the second degree, a misdemeanor, after he was arrested by University of Hawai'i campus security May 4.

UH officials initiated a campuswide security alert after Boegel allegedly posed as a police officer on campus May 1 and May 2.

Boegel's mother, Ute Boegel, said the day after Boegel was shot on Tantalus Drive that she believed her son may have been trying to get police to kill him so he could avoid taking his own life.

She said her son had become increasingly agitated and depressed since he ran out of the medicine he was taking for those ailments, after experiencing problems with the insurance company that was overseeing his care.