Honolulu prosecutors today maintained that there’s legal authority to prosecute three Honolulu Police Department officers in connection with a shooting that killed a 16-year-old Oahu boy.

Prosecutors filed the charges after a grand jury declined to indict the officers for the April 5 shooting that killed Iremamber Sykap, who police said was driving a stolen car linked to a series of crimes and led officers on a chase.

In a response to a motion by a lawyer for one of the officers seeking to dismiss the case, prosecutors laid out reasons why the law supports prosecuting the officers for murder and attempted murder.

Officer Zackary Ah Nee’s motion argues that the officers can only be prosecuted via an indictment. Attorneys representing fellow Officers Geoffrey Thom and Christopher Fredeluces have joined in the motion.

Prosecutors filed their response today, saying felony prosecutions are allowed via several methods, including holding a preliminary hearing before a judge to determine probable cause.

A preliminary hearing is scheduled for Tuesday, which is also when a judge is expected to consider the motion to dismiss.

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