2006-07-21 Police Commission Minutes

Home

Hawaii County Police Commission Regular Session Minutes July 21, 2006 Page 4 blew .02. After he drew the preliminary breath test, it should have stopped, but the officer didn't do that. The officer did not read him the consent form. No breath test was offered at the station. Judge Florendo convicted him of the DUI. He decided to file the complaint and give the system time to work. When the officer took his driver's license he said he smelled alcohol on his breath. Commissioner Frazier expressed concern about Ebner's statements that nothing was read to him, unless it was done while he was blacked out, and that the police on this island routinely get away with murder because they will not be held accountable. Ebner stated that he was told this, and he put it in his complaint because the officer lied on the stand about 40 times. The officer did not have his lights on or his blue lights on and traveled without his lights for about half a mile. He turned his lights on after he turned onto Queen K. Highway. He had a friend with him in the car. He was told that the commission takes orders from the Chief of Police. GARY WILBUR, COMPLAINT HPC 06 -10: Stated that he is a friend of Jack Ebner. He was not present during the incident. He has known Ebner for many years, and he is a good guy. OFFICER ROBERT WOLVERTON, COMPLAINT HPC 06 -10: Read his written statement. Also stated that while at the station, Ebner refused to take a breath test. At the station, Ebner complained about everything. During the traffic stop, his passenger did not say a word. The friend appeared to be more intoxicated than Ebner. The friend refused a call for a taxi or a ride, and walked away. EXECUTIVE SESSION (closed to the public) Commissioner Mitchell moved and Commissioner Politano Steckel 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. The commission convened into executive session at 11:10 a.m. Regular session reconvened at 3:25 p.m. ACTION ON EXECUTIVE SESSION MATTERS • COMPLAINT HPC 06 -04: Reconsideration of commission's decision that there was insufficient evidence to prove the complainant's allegations. Commissioner Frazier moved and Commissioner Kaoiwi seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously. Corporation Counsel Ashida will draft a letter to the Chief asking him for a follow -up on the commission's concerns.