MAILI, Hawaii (KHON2) -- The harassment case involving an off-duty sheriff against a fisherman in Maili has been dismissed. Check out what's going on around the nation on our National News page In August, Stanford Hokoana was throwing net at Maili Beach Park when a man started recording him on his phone. When Hokoana began approaching the plainclothes sheriff, the officer allegedly lifted up his shirt, grabbed what Hokoana thought was a real firearm and pointed it in his direction. Oahu fisherman shaken by off-duty sheriff’s alleged gun threat "He pulled it out and he told me if I no step back, he's going to use it on top of me," he said. Upon seeing the firearm, Hokoana assumed his life was in danger and retreated in fear and told police that the sheriff did not identify himself. After further investigation, the firearm was later identified as a pepper ball gun. The attorney for the accused said the off-duty officer was following proper protocol. "He did say 'I'm law enforcement, please step back' and he did expose a Burna. It's orange on the top and black on the bottom. It's dual-colored so it doesn't look like a real gun but I guess to somebody who's not familiar with guns, it could," said Megan Kau, Defendant's attorney. According to Department of Law Enforcement officials, an internal administrative investigation has been opened and the deputy was charged and posted $100 bail. Find more Hawaii, Oahu, Maui and Kauai news here Honolulu prosecutors dismissed the case without prejudice on Thursday, meaning it can be reopened if more evidence is brought forward.