Community frustration is mounting over law enforcement’s handling of two recent high-profile Waikiki violent crimes, which highlight the system’s challenges in holding criminals accountable.
Honolulu police arrested Adrian Gerard Matias, 23, on April 13 for second-degree assault in connection with the brutal beating of Joe Herter, a military veteran who lives in Waikiki. Multiple suspects were involved in the March 27 assault, which broke the orbital bone around Herter’s eye socket.
The city Department of the Prosecuting Attorney initially downgraded the case against Matias to third- degree assault, a misdemeanor. On April 25 it filed a motion asking the judge to dismiss the prosecution without prejudice, which means charges may be refiled.
Deputy Prosecuting Attorney Florence T. Nakakuni reasoned in her motion that the “case may be connected to a felony offense(s) and further investigation is needed.”
RELATED STORY: Waikiki community on alert after violent attacks Opens in a new tab
Meanwhile, Herter, who said he doesn’t know the suspect, feels exposed and is seeking a three-year restraining order against Matias. He was recently granted a temporary restraining order.
HPD has not made an arrest in connection with the beating of Herter’s girlfriend, Amanda Canada, whose purse was taken during the incident.
Police also downgraded the April 3 incident that resulted in the hospitalization of Noah Cadaram, a visitor from Tacoma, Wash., from robbery to theft. No arrests have been made.
“That’s terrible,” said Waikiki Neighborhood Board Chair Bob Finley. “The only way to stop aggressive attacks at night in Waikiki is to put people in jail.”
Finley said crime has been the most pressing topic at the past three Waikiki Neighborhood Board meetings. He said residents have told police they are discouraged by the difficulty in getting perpetrators, especially those with a criminal history, off Waikiki streets.
Honolulu Police Department Maj. Randy Platt, commander of the Waikiki District, said in an email, “HPD does its best to identify and arrest suspects, and it can be frustrating for officers to arrest the same individual multiple times, only to have the person released soon after. Once a person is arrested, prosecutors use their charging criteria to determine whether a case will be accepted or declined and what charges, if any, are filed.”
Platt said the public can assist HPD by reporting crimes and choosing to prosecute cases and testify in court.
Police have surveillance video of the attack on Herter, but video in the Cadaram incident doesn’t track what happened after he left Kelley O’Neil’s.
“At this time it is unknown how he was injured,” Platt said. “Video shows the victim falling and being helped by bystanders. A witness where the victim was later found reported that he did not see anyone near the victim or assault him. Anyone with information should contact HPD or CrimeStoppers.”
He thanked those who call 911 to report suspicious activity and meet with officers.
“A good eyewitness can provide detailed info for an officer to check out, so don’t hesitate to call,” Platt said. “It’s great when businesses are able to turn over their surveillance video footage quickly.”
But making an arrest is only one part of getting a conviction, which requires cooperation from victims and witnesses. That’s harder to get in Waikiki, where many people are visitors who are in Hawaii for a short time.
“Victims will often choose not to prosecute for minor offenses or if they get the property back,” Platt said. “We also know that coming to court can be a hassle and inconvenience. Cases move slowly through the court system, but we encourage the public to be patient and hang in there.”
Finley said state Judiciary operations during the pandemic, which put some trials on hold and released some pretrial detainees, has created a perception that those who commit crimes are less likely to be held accountable.
He said the Waikiki community had hoped a measure proposed by state Sen. Sharon Moriwaki, whose district includes Waikiki, would have advanced, but it did not. Senate Bill 2686 would have placed a geographic ban on offenders with four or more misdemeanors in the same business or resort district for a specific period of time.
“They told her that judges already have this authority,” Finley said. “But they aren’t doing it. Between the judges and the prosecutors, someone has to step up and say this has gone too far.”
Judiciary spokesperson Jan Kagehiro said in an email that judges may impose a geographical restriction as a discretionary condition of probation.
HOW TO HELP
>> Honolulu police have released video from the attack on Joe Herter on March 27, in Waikiki, and are asking anyone with information to contact HPD or, if they wish to remain anonymous, to contact CrimeStoppers by clicking the “Give a Tip” button, at bitly.ws/qBk7 Opens in a new tab, or by calling 808-955-8300.
>> Go to bitly.ws/qBkb Opens in a new tab to view a suspect composite and video footage on HPD’s website.
>> Additional video footage and a second composite can be seen at bitly.ws/qBke Opens in a new tab and bitly.ws/qBkh Opens in a new tab.
