2004-02-20 Police Commission Minutes

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HAWAII COUNTY POLICE COMMISSION REGULAR SESSION MINUTES FEBRUARY 20, 2004 WAIMEA CIVIC ENTER CALL TO ORDER CHAIR HARA called the meeting to order at 9:00 a.m. ROLL CALL Present: Horace S. Hara Also Present: Dwight K. Manago, Vice Chair Paul M. de Silva, Member James A. Frazier, Member Phoebe M. Lambeth, Member Walter Moe, Member Peter P. Muller, Member Absent: John M. Bertsch, Member Betsy Mitchell, Member A quorum was present. Lawrence Mahuna, Police Chief Charles Chai, Assistant Chief Henry Tavares, Captain Lincoln Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Lambeth motioned to approve the agenda. Vice Chair Manago seconded the motion, and it carried unanimously. STATEMENTS ON AGENDA ITEMS - Open to the public. JOHN CARROLL, attorney for Brian Dominy, Complaint HPC 03 -35, stated that Mr. Dominy was a defendant who was charged with cruelty to animals. Mr. Dominy was at his home when a dog came onto his property and attacked his peacocks in a pen, causing seven of them to be killed. He yelled at the dog, but the dog kept attacking the birds. He went over and kicked the dog, and the dog went away and lay there. He called the owner who they took the dog away. The dog died, and the people came up and harassed him, called him a murderer, and threatened to kill him. He called the police, and they came up and talked to the person next door. Officer Manning asked him if he kicked or killed the dog. He said he did, and with no further investigation arrested Mr. Dominy and took him to jail. They did not listen to anything Mr. Dominy had to say and did nothing to further the investigation. In court, the prosecutors dismissed the case on their own motion. It was clear that he was not guilty of anything. It was very clear that the persons who owned the dog were guilty of at least two crimes, but they were not charged. Officer Manning or the other police officers did not question witnesses. Officer Manning was the next -door neighbor of the person who owned the dog. BRIAN DOMINY came before the commission and stated that Officer T. Manning falsely arrested him and violated his constitutional rights and several General Orders. His peacocks and birds were in an enclosure when he saw the dog trying to pull one of the birds out of the fence. He did not intend to kill the dog when he kicked it. He told Officer Manning that he acted in a defensive manner. While at the station, they accused him of being a liar. Under the advice of rights, he was not interviewed.