2005-09-30 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes September 30, 2005 Page 4 INVESTIGATION AND DELIBERATION OF COMPLAINTS Corporation Counsel Ashida explained the difference between open and closed sessions. If an officer requests an executive session, the case will be heard in executive session. If the officer does not request a closed session, the case will be heard in open session. Chair Bertsch stated that whether someone requests an open or closed session will not make a difference in the commission's decision. STATEMENTS ON COMPLAINTS (open to the public) VALERIE BADON (Complaint HPC 05 -13): Summarized her written complaint. Her neighbor complained to the police about her husband's use of a pellet gun. When she got home, she saw two officers at her house. She asked them to move their cars so she could bring her two babies into the house. Officer Hodson was yelling and swearing at her husband. Her husband has PTSD, so she asked him what happened. He explained that he was shooting birds with a pellet gun, and a pellet hit the neighbor's roof. He said he was sorry, and it was not intentional. She explained this to the officer. Officer Hudson continued to yell and swear, so she told him to leave. He told her he could arrest her for obstruction of justice and was in her face and swearing the whole time. He said he would have the children removed by CPS. She gave the pellet gun to Officer Abelaye. Officer Hodson grabbed it and threw it in the bushes. She asked him why he asked for it and then threw it into the bushes. The officer grabbed her, said he was above the law, and threw her to the ground. She called 9 -1 -1. During the incident, she had an asthma attack. She told the officer she would report this to the police department and the police commission. Officer Abelaye was a nice officer and did nothing wrong. He pulled Officer Hodson off of her husband. OFFICER GAVIN KAGIMOTO (Complaint HPC 05 -17): Stated that he thinks the complainant, Roseline Santos, had a mistaken identity because he was not working that day. He does not know Mrs. Santos. Chair Bertsch stated that the case is past 60 days. Generally, the commission has no jurisdiction, but they have the ability to take in certain circumstances. AUDREY LEE (Complaint HPC 05 -21): Summarized her written complaint. On May 21, 2003, her husband took her onto Stainbeck Highway where she fell out of his van. She subpoenaed the records for her divorce case, and Officer Prudencio's report said she slipped on wet ground. His report made her look like a liar in court. At the hospital she told him it was a freak accident. The officer's report painted her a liar, and that's why they didn't prosecute her husband Chair Bertsch stated that they have a 60 -day rule. The complaint is past 60 days, but they need a full consensus of the commission. Recess was called at 11:30 a.m. The meeting reconvened at 11:43 a.m.