2005-08-12 Police Commission Minutes

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Hawai'i County Police Commission Regular Session Minutes August 12, 2005 Page 4 INVESTIGATION AND DELIBERATION OF COMPLAINTS Commissioner Frazier moved and Commissioner Kaoiwi seconded to meet in executive session. Discussion: Corporation Counsel Ashida stated that they have two members of the public and two officers to testify. He explained the difference between open and executive sessions. Being that two people asked to speak in open session, Commissioner Frazier withdrew his motion to meet in executive session, and Commissioner Kaoiwi withdrew his second. STATEMENTS ON COMPLAINTS MICHAEL PESTANA (Complaints HPC 05 -16, 04 -29, and 04 -37): Stated that his girlfriend's friend assaulted him, and nothing has been done. His girlfriend is selling heroin at the post office. He's been calling the prosecutor for a year, but nothing is being done. His girlfriend was caught at the airport with drugs, but nothing's happening. He wants answers. Commissioner Bertsch stated that the last time Mr. Pestana came before them, they suggested that he contact the prosecutor's office because his criminal case was closed and referred to the prosecutor. OFFICER EDWIN BUYTEN (Complaint HPC 05 -13): Stated that the police commission should look into this complaint and exonerate him. While on his way to circuit court concerning a drug matter, he heard a call from a fellow officer in distress. When he got there, there were no beat officers on the scene, and he was the most senior officer. Mr. Booker did not understand that a police operation was underway. If a police officer tells someone 5 -6 times to disperse, that person should do it. Mr. Booker claimed that he choked this person. He utilized the technique that he is trained and certified in. It really bothers him that the complainant wrote that all he saw that day was a white cop harassing a black man. He grew up in Hawaii, and his father is 100% Indonesian from Jakarta. His mother is half Iroquois Indian raised on a reservation. The complainant stated that he swore at him. He is not a person who swears. He doesn't understand why Mr. Booker wouldn't get back. When a law enforcement officer tells you to stay, you stay away. If Mr. Booker didn't like what he saw, he could have addressed it with the watch commander. FREDERIC BOOKER (Complaint HPC 05 -13): He saw Mr. Buyten jump on Tyson's back. He heard gurgling. He was approximately 17'/2 feet from the officer. He only said one thing to Mr. Buyten, that he was hurting Tyson. In his complaint, he stated that the officer swore at him, but now he is not sure because there was so much yelling and commotion. Tyson does have an attitude, and the officers did what they had to. Officer Buyten held Tyson in a technical hold for maybe less than two minutes. EXECUTIVE SESSION (closed to the public) Commissioner Frazier moved, and Commissioner Kaoiwi seconded to meet in executive session to consider discipline and charges against officers or employees of the Hawaii County Police Department where consideration of matters affecting privacy would be involved and a closed session is requested and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). The motion carried unanimously.