Three Honolulu police officers who opened fire on a 16-year-old crime spree suspect and his crew after he ignored their orders to surrender and led them on a daredevil chase at rush hour are free of criminal charges after an Oahu District Court judge dismissed the argument that the trio committed murder and attempted murder.
The courtroom was silent Wednesday as Judge William M. Domingo entered after a short break following more than two hours of testimony and closing arguments. Officers Geoffrey H.L. Thom, 42, Zackary K. Ah Nee, 26, and Christopher J. Fredeluces, 40, embraced their attorneys in a tearful exchange before hugging one another amid cries of relief from family members in the gallery.
“We are pleased with today’s decision. This has been challenging for our officers, the department and many in our community,” acting Honolulu Police Chief Rade K. Vanic said in a statement. “Throughout this time, our officers have continued to serve with pride and professionalism. I thank the HPD ohana for their support.”
It was the second time the judicial system declined to prosecute the officers for the death of Iremamber Sykap, the driver of a white Honda Civic stolen from Kailua that was wanted in connection with an escalating series of violent robberies and a home invasion where the victims reported the suspects were wielding firearms.
In June, an Oahu grand jury did not
return a true bill against the men but Prosecuting Attorney Steven S. Alm decided to charge them via criminal complaint.
“The Department of the Prosecuting Attorney is very disappointed by Judge Domingo’s ruling today relating to the officer-involved shooting of Iremamber Sykap,” said Matthew S. Dvonch, special counsel to the Prosecuting Attorney,
in a statement.
Alm scheduled a news conference for Monday to discuss the case.
Domingo ultimately sided with the defense, who argued the officers and the public were in grave danger. They started shooting only after
repeated attempts to pull Sykap and his crew over, telling them it was “not worth it,” even trying at one point
to help one of the men out of the Civic when they boxed it in on Kalakaua Avenue. They knew the car and its occupants were wanted in connection with two gunpoint robberies and a home invasion where the victims told police two men threatened them with firearms. Moments later, they ignored commands to surrender by Fredeluces and Thom, who were dispatched to intercept them.
Sykap and his accomplices gave no indication of giving up as they led officers on a high-speed pursuit from Kawaikui Beach park to Kalakaua Avenue, weaving through traffic, blowing through stop lights, stop signs, and at one point hopping a median and driving into oncoming traffic.
“None of these officers wanted this to happen. They wanted that vehicle to pull over. They had plenty of opportunity to pull over,” said Crystal K. Glendon, counsel for Fredeluces. “What was the driver’s response to commands to stop? It was to speed up.”
Domingo dismissed the charges on the sixth day of the officers’ preliminary hearing, citing the “unreasonableness” of the prosecution’s argument.
He said the incident and the evidence could not be evaluated through frame-
by-frame captures of the
officers’ body-worn camera footage nor could the officers be expected to take the time to confirm the threat following a high-speed pursuit of a car and a group of suspects wanted for a spate of gun crimes that were getting more violent
“It was a very dangerous situation … It was not static … It was not something you can piece together … It never stopped until the car ended up in the canal,” said Domingo, explaining his ruling. “We cannot chop it up.”
The officers were part of the third watch shift that was told a white Honda Civic with Texas plates was connected to a series of brazen crimes where victims saw guns and feared for their lives.
One of their commanders, Lt. Taro Nakamura, a 28-year veteran of the department, testified Wednesday that he and other area supervisors were very concerned about Sykap and his passengers after hearing about the group’s stickups, possession of firearms, and brazen behavior that suggested they were out of control and did not care what happened to innocent bystanders. The stolen white Honda Civic and its occupants were wanted for breaking into a house on April 3 and then returned to the same house the next night and tried to steal a car, Nakamura testified.
“What was alarming at that point … one of the updates was that the driver and rear passenger showed a gun … flashed the gun at the caller. That raised the intensity of everything,” Nakamura said in court. “I was concerned for the safety of not only the public, because these cases seemed to be escalating, but also concerned for the safety of my officers.”
Thom, a five-year HPD veteran, was charged with second-degree murder after allegedly firing more than 10 shots into the back of the vehicle, hitting Sykap eight times.
“Officer Thom fired to protect his fellow officers. He fired to protect the public,” said Thom’s attorney, Richard H.S. Sing. “The conduct of the driver of the Honda … indicated the public was in grave danger. We respectfully submit the officer did not murder this driver.”
Ah Nee, who has been with the department for three years, and Fredeluces, who has 10 years of service, faced charges of second-degree attempted murder for firing their 9 mm Glock sidearms into the car after Thom shot into the vehicle from behind and while it lurched over the sidewalk, through a fence and into a canal.
“They felt they needed to stop these guys. It was escalating … It was unreasonable to assume he was going to stop and nobody was going to get hurt….” said Ah Nee’s attorney, Thomas M. Otake.
Sykap had methamphetamine in his system at the time of his death and investigators found gunshot residue on him and the other occupants of the Civic. Police recovered a replica, air soft handgun, exactly where the trio told investigators they saw it, in the front passenger side of the vehicle. A crystal methamphetamine pipe and live rounds of real ammunition were also recovered from the car.
Deputy prosecuting attorney Christopher T. Van
Marter did his best to demonstrate the officers did not follow their training and were intent on getting the “bad guy” even if it meant putting themselves in harm’s way. He used still frames of the body-worn camera footage and attempted to detail a situation that required discipline and de-escalation, not deadly force.
He agreed that Sykap and his car mates may have engaged in felonious behavior and said they should be prosecuted if the evidence exists.
“He definitely wasn’t a Boy Scout … but he didn’t deserve to be shot because these guys put themselves in the zone of danger,” said Van Marter, gesturing toward the seated officers. “We are here today only because the defendants fired their gun when it was not necessary, when it was not justified by law.”
Domingo’s decision comes after months of protests by advocates of police transparency and nonviolent tactics. They were countered by large, organized shows of support by passionate police supporters, off-duty officers, firefighters and union officials.
The decision to charge the officers divided the law enforcement community as officers and and some prosecutors scoffed at the filing of the criminal complaint following the grand jury’s decision.
“We thank Judge Domingo for his fairness and objectivity throughout this hearing. Based on the evidence, it is no surprise that the prosecutor has failed before the Grand Jury and now the Court,” said Ah Nee’s attorney, Otake, in a statement. “Words cannot express how much overwhelming support from the community has meant to Zac, and we are deeply grateful. It is our continued hope that the community can recognize that supporting the officers and understanding their actions can coexist with a feeling of deep sympathy for the loss of the Sykap family.”
Thom smiled and embraced other officers as he left the courtroom.
“Officer Thom is grateful and humbled by the outpouring of community support for himself and his fellow officers during this difficult matter,” his attorney, Sing, said in a statement. “Now that the Department of the Prosecuting Attorney has failed before both the Grand Jury and the court, we hope that these baseless accusations will never be repeated.”
The officers were greeted by cheers as they left the courthouse, while their colleagues, including State of Hawaii Organization of Police Officers President Malcolm Lutu, embraced them, shook their hands, and smiled.
“The Grand Jury spoke first, and now this Court has spoken. Freddy is deeply grateful for the overwhelming support from the community,” said Glendon in a statement.
Lutu said the ruling demonstrates what SHOPO maintained all along — that the officers followed their training and did what was necessary at a chaotic moment.
“Everyday we go to work we don’t know what’s going to happen. We rely on our training and our decision-making. In this case … they made the right decision,” said Lutu.