One of the two suspects fatally shot by police this week was wanted on a
federal warrant for violating probation, while the other was on probation for a misdemeanor case.
The 34-year-old who
was shot and killed by
police at the New City
Nissan on Monday was wanted on a federal warrant for probation violation, the U.S. Marshals Service confirmed.
Federal court records show that Dustin Spencer was on probation for a federal case in which he was convicted of the crime of felon in possession of a firearm and ammunition.
On Jan. 29, 2014, Spencer had been sentenced to six years’ imprisonment and three years of supervised release.
Earlier this year on
July 24, U.S. District Court Judge Helen Gillmor ordered that Spencer be released to the Sand Island Treatment Center.
The underlying case was a June 26, 2007, arrest in which police were called to the area of Round Top Drive and Tantalus Drive due to a report of a gunshot being heard, court records show.
When police found the car on Tantalus Drive, the front seat passenger had a .38-caliber pistol.
The passenger said Spencer, the driver, fired the gun twice and threw it at him, the affidavit said.
Spencer confessed to police he fired one round, and apologized for being high on “ice” and Valium, the affidavit said.
At that point, Spencer had two felony convictions in circuit court for first-degree terroristic threatening.
Dana Brown, the 27-year-old man fatally shot early Tuesday morning by a
patrol officer at Campbell Industrial Park, had been put on probation in September for one year after pleading no contest to unauthorized entry into a motor vehicle, a misdemeanor.
Judge Rowena Somerville sentenced him to one year probation.
He also was convicted Feb. 11 of a fourth-degree theft — a petty misdemeanor.
He also was wanted on
an $11,000 bench warrant for abuse of a household
or family member.
A patrol officer with no backup followed Brown after he was riding a moped on the wrong side of Makaole Street in the Campbell Industrial Park area before 1 a.m. Tuesday.
Police said Brown failed the officer’s command to stop and the officer followed him to an area near the harbor.
Brown, who was armed with a knife, failed to put down the weapon despite repeated commands by the officer, a body camera video showed.
The 40-year-old officer initially deployed and apparently missed him with a Taser, then fired the Taser again, but the probes may have been stuck in his clothing and appeared not to have had any affect on him, Police Chief Susan
Ballard said on Tuesday.
Ballard said the suspect lunged allegedly with a knife at the officer, who responded by shooting him, firing four rounds.
Body cam footage showed Brown starting up his moped, getting on and the officer firing his gun, but it is not apparent that Brown lunged at the officer.
The shooting took place at 12:45 a.m. Tuesday.
Brown’s Facebook page showed he went to Kapolei High School and lived in
Kapolei.
A KHON report said his mother, Mary Brown, questioned why he had to be shot multiple times in his abdomen and chest.
She questioned why police have to shoot to kill.
Ballard said at a news conference on Tuesday
that the officer could be heard on the body cam footage breathing heavily and that in situations like this officers may lose their fine motor skills, so they are trained to shoot at the main body mass, because they could miss shooting
at an arm or leg.
She said police never shoot to kill, but rather to stop the threat.