2003-05-16 Police Commission Minutes

Home

Hawaii County Police Commission Regular Session Minutes May 16, 2003 Page 4 ACTION ON EXECUTIVE SESSION MATTERS • Correspondence 03 -40, request for legal counsel by Detective Lucille Melemai in CV No. 02- 1 -0368. Commissioner Lambeth moved to approve legal counsel as the officer acted within the course and scope of her duties as a police officer. Vice Chair Manago seconded the motion, and it carried unanimously. • Correspondence 03 -44, request for legal counsel by Officers Roger Kalua and Manuel Benevides in CV 03- 00203. Commissioner Lambeth moved to approve legal counsel as the officers acted within the course and scope of their duties as police officers. Vice Chair Manago seconded the motion, and it carried unanimously. • Correspondence 03 -45, request for legal counsel by Officer Roylen Valera in CV 03 -1 -0082. Commissioner Lambeth moved to approve legal counsel as the officer acted within the course and scope of his duties as a police officer. Vice Chair Manago seconded the motion, and it carried unanimously. • Correspondence 03 -46, request for legal counsel by Officer Marshall Ney in CV 03 -1 -0082. Commissioner Lambeth moved to approve legal counsel as the officer acted within the course and scope of his duties as a police officer. Vice Chair Mango seconded the motion, and it carried unanimously. Investigation of Complaints Complaint HPC 02 -32: Complainant alleged that during his arrest following an argument with his girlfriend, an officer choked him, threw him onto the hot asphalt, and used profanity. Akal's investigation was reviewed. Commissioner de Silva moved to sustain the charge of excess use of physical force. Commissioner Lambeth seconded the motion, and it carried unanimously. Complaint HPC 01 -27: Complainant was arrested during a DUI stop. She alleged that an officer used excessive force during her arrest. Akal's investigation was reviewed at the last meeting, but the case was deferred in order for the commission to obtain additional information. Commissioner Lambeth moved that they could not make a conclusive decision due to the lack of medical records. There was no second, and Commissioner Lambeth withdrew her motion. Commissioner de Silva moved to sustain the charges of malicious use of physical force, mistreatment of person in police custody, excessive use of physical force, overbearing conduct, and conduct towards the public. Commissioner Lambeth seconded the motion, and it carried unanimously. Complaint HPC 02 -65: Complainant was arrested for violating a TRO. She alleged that the captain should not have ordered her arrest. The complaint was deferred at the last meeting after the commission was notified that the complainant would be withdrawing her complaint.