Two Honolulu Police Department officers were arrested Friday morning by federal authorities after being indicted with two counts of civil rights violations for allegedly forcing a homeless man to lick a public urinal.
HPD officers John Rabago and Reginald Ramones have been charged with one count of conspiring to deprive a person of his civil rights and another count of acting under color of law to deprive the same individual of his civil rights, according to the U.S. Department of Justice.
On Jan. 28, 2018, according to the indictment, Rabago and Ramones deprived the man of his constitutional right to be free from an unreasonable seizure by a law enforcement officer.
The indictment was not immediately available to the public.
Ashley Edwards, spokeswoman for the U.S. attorney’s office in Honolulu, said she could provide no further details or comments at this time.
Rabago’s attorney, Megan Kau, said both officers pleaded not guilty in court Friday afternoon and were released on $25,000 bonds. The trial date has been set for June 3.
“They’re both maintaining that they’re innocent,” said Kau. “Not just not guilty, but innocent against the allegations brought against them both. We anticipate that some of the witnesses that were originally involved may be helpful for us. We believe we’re going to prevail at trial.”
According to initial reports after the incident, four HPD officers were being investigated for forcing a man to place his mouth on a urinal at a public restroom on a Sunday afternoon in the Keeaumoku area.
The officers had been responding to a trespass complaint reported to 911 when they came into contact with the homeless man. An officer later reported the alleged misconduct, leading to an internal HPD investigation.
A week later HPD Chief Ballard referred the case to the FBI and said, “Our officers are sworn to uphold the right of all persons, and I expect every officer to treat every member of the public fairly and with respect. Personally, I am appalled at the behavior, if it is true, and appropriate action will be taken.”
Ballard responded to the arrests with a statement Friday afternoon.
“While this morning’s arrests cast a dark shadow on the department, I ask that the public please continue to support the officers who carry out their daily assignments with courage, integrity, and respect for the public,” she said. “The two officers who were arrested will have their day in court and be held accountable for their actions. We notified the FBI of the allegations shortly after this incident so that the public could be assured that the appropriate actions would be taken. We thank the Bureau for its cooperation.”
Honolulu attorney Myles Breiner represents the victim, Samuel Ingall, now 39. Ingall is currently incarcerated at Halawa Correctional Facility.
Breiner said he spoke with Ingall on Friday and that he was relieved the officers would not be able to do what they did to him to anyone else in the community.
“Justice delayed is justice denied,” said Breiner. “In this particular case it’s taken quite some time for the officers to be indicted. I spoke to Mr. Ingall, and he was concerned that these officers were not going to be held accountable, and the community would be at risk, having officers like this. He looks forward to his day in court, when he testifies about what occurred.”
Rabago has put in 17 years of service, and Ramones 10 years of service, according to HPD. Along with two other officers, they were placed on restricted duty following the incident. Rabago and Ramones will now be placed on leave without pay. The two remaining officers will continue on restricted duty.
The conspiracy charge carries a maximum term of 10 years’ imprisonment and a maximum fine of $250,000, according to federal authorities, while the deprivation of rights charge carries a maximum term of one year’s imprisonment and a maximum fine of $100,000.
The FBI’s Honolulu Division is investigating the case, according to the U.S. attorney’s office. Attorney Timothy Visser of the Justice Department’s Civil Rights Division and assistant U.S. attorney for the District of Hawaii Thomas Brady are prosecuting the case.
