2009-02-20 Police Commission Minutes

Home

Hawaii County Police Commission Regular Session Minutes February 20, 2009 Page 5 INVESTIGATION OF COMPLAINTS: STATEMENTS ON COMPLAINTS OFFICER JAMES WAIAMAU (Complaint HPC 09 -06) stated that that morning he was proceeding to work in Kona when he was struck by another vehicle. His vehicle was left on the oncoming lane, so he took it off the road. He contacted the owner of the property, out of courtesy, not that he had done that to her property. He told her that officers were contacted and would be coming. Shortly thereafter Officer Castillo came to the scene. After looking at the scene, the officer made an assessment. The complainant claims that accidents there only happen on one side of the road. He believes it happens on both sides of the road. The only information he conveyed to her was that a vehicle had struck her fence. His vehicle never struck the fence. There was white paint on his vehicle from the other vehicle. He was in the middle of the road. It was raining. He moved his vehicle to the side because he didn't want to create a hazardous situation. Officer Castillo was at the scene the whole time and officially did the report. The site was inventoried. He doesn't know if the other vehicle left debris. He was shaken up. His car was never by the fence. He believes the other vehicle struck the fence. In response to Chair Whittemore's inquiry into whether there could have been a more thorough investigation, Officer Waiamau stated that he couldn't say what was done because he was not the investigating officer. EVA KERR (Complaint HPC 09 -06) stated that her allegation is that the report is fraudulent, and there is collusion on the part of all three officers — the officer who was involved, the investigating officer, and the acting sergeant. Mr. Waiamau's accident was number five. Every accident that occurred on her fence line occurred at exactly the same spot, cars going up Kaumana. She is challenging the White Cherokee. The responding officer never once asked her questions. She showed parts left behind from Officer Waiamau's car and part of the fence. RICHARD CONRADT, KERR'S SON (Complaint HPC 09 -06) showed a photo of the accident scene. He stated that Officers Castillo and Waiamau said the accident occurred where there was no evidence. They are not there for money, but because the investigation was not done properly. There name was not on the report. Officer Tolentino took their name but it was not on the report. All accidents that occurred had to be towed away. Officer Waiamau's car had to be towed away. The white Cherokee drove away. They just want this to be investigated properly. He believes Officer Waiamau gave an untrue statement. They put out a report that the area is hazardous. Since then the county has corrected the roadway. The county has acknowledged that this roadway is a problem. OFFICER DARRYL CASTILLO (Complaint HPC 09 -06) stated that the accident happened in May 2008. Sometime late last year, the police RMS system went down, and they lost master names, and names were not linked up. Office Waiamau was going up Saddle Road. He said he was heading west when a white Cherokee struck his vehicle, and he spun out. Officer Waiamau moved his vehicle to the other side, the north side. There was debris. He did not determine where the debris came from; he didn't have the time to do it. He helped officer Waiamau transfer his firearms, clothing, etc. to his car. He had minimal conversation with Kerr or Conradt. He did not tell her that the county would pay for her broken fence. The complainants spoke to Sergeants Tolentino and Gali. All the evidence correlated with Officer Waiamau's statement. He wondered why the name was not on the