2008-09-19 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes September 19, 2008 Page 4 that the party was there. If she denied them access, then they would have had to look for another avenue. They found the suspect in the complainant's bedroom. Officer Kelii informed her of the offense. He identified himself, and he was in uniform. She had called his rank and complained that the father of the suspect had complained about the situation. All three officers were there at the same time. OFFICER SEAN PHELAN (COMPLAINT HPC 08 -22) stated that his only involvement with the case was that he transported Mr. Enos. When he arrived, Enos was handcuffed. He was escorted to the blue and white by two other officers. Enos was not compliant and was fighting. He assisted the other officers in trying to get him into the vehicle. Enos continued to push back on them. They had to use some force to get him in the vehicle. He refused to listen to their commands. Once he satin the vehicle, he became compliant. When putting Enos in the vehicle, he noticed, what he calls, road rash on his elbow, shoulder, and cheek. Enos had the injuries prior to him arriving. He did not complain about his injuries. When they got to the station, he was very compliant. The cellblock officer offered him medical assistance. ERIK SMITH (COMPLAINT HPC 08 -25) stated that he was at the Prince Kuhio shopping center when the security guard asked him to leave. He went to Quiznos and got a bottled water. He saw the security guard in the parking lot. A police officer came over asked why he was asked to leave the shopping center. An officer told him, "You know you're not going to get arrested." A second officer came, and he was in an angry mood, militant, and forceful. He was trying to relax and raised his hand, like, "Whoa." The officer pulled him out of his chair and tripped him. He must have grabbed him. He had some bruises. He didn't say, "You're under arrest." He just grabbed him. He hit his head. He was dripping blood every where. The officer put his boot on his head. He chipped his tooth. Upon questioning by commissioners, he stated that while at the cell phone company, he knocked some papers over when someone cut in line. The security guard asked him to leave the mall. He was upset because he had to leave the mall and couldn't get his cell phone. When he left the mall, he was cleaning his nails with a pocket knife. His main complaint about the officer is that he didn't read him his rights and the other officer was totally forceful. He was in jail for two days. He had his dog with him, but never got it back. They said it was at the Humane Society. EXECUTIVE SESSION (closed to the public) Commissioner Lundkvist moved to meet in executive session to consider discipline and charges against officers or employees of the Hawaii County Police Department and to consider personal matters affecting the privacy of individuals for which an executive session had been requested by individuals involved, 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 10:50 a.m. Regular session reconvened at 2:25 p.m.