HONOLULU -- The 73-year-old man charged with assaulting an Iolani Palace worker during the brief takeover of the palace Friday appeared in court for the first time Wednesday.

Donald Alfred Love-Boltz is from Lansing, Iowa. He is accused of using one of the palace's heavy iron gates to injure the palace's facilities manager Friday night during the takeover.

His lawyer said his client will plead not guilty to the felony charge, because the incident happened in view of a Honolulu police sergeant who did not intervene or arrest him at the time.

The officer told the alleged victim the palace was not the Honolulu Police Department's jurisdiction and instead state law enforcement had to handle the case.

"They did not arrest him because he did not commit any criminal offense. He was there to help and make things better. He was there to ensure the peace, not to harm anybody," defense attorney Walter Rodby said.

Love-Boltz told reporters on Tuesday night that the woman hit him in the face and kicked him the ribs.