2007-10-19 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes October 19, 2007 Page 5 minors. They told Manny that they would help him file a complaint. They called CPS who took the children away because the adults were intoxicated. CARRIE AKINA (Complaint 07 -41) stated that while at the station, she received a call from another officer to bring the blue and white down to the residence, which she did. There were adults and three young boys. There was some confusion on whether there was a TRO. They asked the other party to stay down the street because the situation was volatile. When Manny was told he would be arrested, he ran into the house. They didn't know what was in the house, so Officer Watkins followed him. She saw a glass vase fall and shatter. Manny struggled for about 2 -3 minutes, which was a long time. She did put her knee on his head to hold him down, which she felt was necessary. He was lying on his stomach with his hands under his body and moving around. She hit his leg but that didn't help, so she moved up to his head and held him down with her knee. She cut her hand on the glass. She believes that putting her knee on his head helped to control him. Kaoiwi stated that he understood her having to hold him down with her knee because he was twice her height and weight. Commissioner Whittemore expressed concern about threats that the complainant made to the officers, that he was going to send people to hurt them, and that he was going to get them. He asked the officers if they felt threatened. Officer Waiamau stated that it was a great concern for them. For officer safety, they needed to get him away from the situation, expedite him into the vehicle. All three officers stated that they never met the parties before. EXECUTIVE SESSION (closed to the public) Commissioner Whittemore moved that they 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 will be involved and a closed session is requested and to consult with Corporation Counsel on questions and issues that pertain to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). Commissioner Sumja seconded the motion, and it carried unanimously. Executive session convened at 10:55 a.m. Regular session reconvened at 1 1 :50 a.m. ACTION ON EXECUTIVE SESSION MATTERS • HPC 07 -41: Complainant alleged that officers used excessive physical force during his arrest. Commissioner Kaoiwi moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Whittemore seconded the motion, and it carried unanimously.