2006-10-20 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes October 20, 2006 Page 3 INVESTIGATION AND DELIBERATION OF COMPLAINTS STATEMENTS ON COMPLAINTS (open to the public) SHELLEY STEPHENS (Complaint HPC 06 -13): Stated that they were coming from the Keaau Shopping Center area and were by the Shipman ball park. Officer Derr, the first officer there, did nothing wrong. He only pulled over to ask if she wanted help. She wasn't causing a disturbance. The other two offices, Lee and Kerr, came later and took over. Officer Lee did not instruct her to stay out of the traffic lane. They treated her that way because she didn't want a ride. She brushed the officer away. The next thing, she was put to the ground by Officers Lee and Kerr. She received contusions to her ribs and arm from when she was forced to the ground. She cannot accept a job because of this. She has been messed up since. No one should be treated like she was treated. The main thing is that she really trusted the police to do the right thing. They pulled her arm in back, sky high. Her complaint is against Officer Lee and Officer Kerr, not Derr. Kerr put his knee in her back. Officer Lee talked to her like she never had training in working with people. Officer Lee put her in a choke hold. Before the incident, they had come from shopping. She was not drinking. ALVA I. K. KAPAHUA, JR., (Complaint HPC 06 -13): Stated that he came out from the bushes after using the bathroom. He was upset because his friend, who was supposed to give them a ride, left them at the bar. He told Officer Lee that he did not want her talking to him because Stephens would be jealous of a woman. Officer Lee and Kerr were on her, manhandled her, and told him to leave. Officer Lee slammed her into the car and he was left on the streets alone. Commissioner Frazier pointed out that it was 1:45 in the morning and asked if it was a moonlit night. Alva stated that he could see up and down the road, and there were no cars on the highway. Prior to the incident he had a few drinks. He was drinking B52s. She was not drinking. He was not having a domestic. It was between him and his friend who left him behind. EXECUTIVE SESSION Commissioner Whittemore moved and Commissioner Frazier seconded 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. Executive session convened at 10:25 a.m. Regular session reconvened at 11:55 a.m. Deputy Chief Kubojiri gave a demonstration on the electronic control device. Lunch recess was called at 12:25 p.m. The meeting reconvened at 2:20 p.m. STATEMENTS ON COMPLAINTS HOWARD NISHIDA (COMPLAINT HPC 06 -21): Stated that his complaint is that the court does not recognize them as the living human beings. Is concerned that Officers Rodrigues