A Honolulu police officer accused of leading two colleagues on a high-speed chase that allegedly caused a car crash that severely injured the driver and five passengers was granted taxpayer-funded legal counsel by the Honolulu Police Commission.

HPD officer Joshua Nahulu allegedly also left the scene and pretended he was unaware of the crash.

Last week’s 4-3 vote approving legal counsel to defend Nahulu in a civil action brought by the crash victims comes 14 months after the Sept. 12, 2021, incident. In a memo to police commissioners, the city Department of the Corporation Counsel recommended paying for Nahulu’s legal expenses.

One of the crash victims, Dayton Gouveia, who doctors estimate will need continuous medical attention costing more than $7 million over the course of his life, is continuing to fight the city in court. Four other passengers in the car sustained injuries in the early-morning crash and are also suing, along with the driver, Jonaven Perkins-Sinapati, who suffered brain damage.

Three separate civil complaints have been filed against the city, the Honolulu Police Department, Nahulu and officers Jake Bartolome and Erik Smith.

HPD’s Professional Standards Office forwarded the findings of its criminal investigation to the city’s Department of the Prosecuting Attorney in November, 2021. The three officers remain on restriction under order of the chief of police “to cease the use of any police authority until further notice,” according to HPD.

In a statement to the Hono­lulu Star-Advertiser, Matthew Dvonch, special counsel to the prosecuting attorney, said, “The Department of the Prosecuting Attorney’s independent investigation into this matter is open and ongoing. … This is a complex case and we have assigned experienced and dedicated prosecutors and investigators to the matter. Due to the ongoing nature of the investigation, we are going to respectfully decline further comment.”

The administrative probe by HPD is ongoing.

Commissioner Kenneth Silva said the recommendation from city attorneys was clear and that he agreed with it.

But commission Chair Shannon L. Alivado and commissioners Ann Botticelli and Richard Parry voted at the Wednesday meeting against the city paying to defend Nahulu.

Parry said that while he understands the city Corporation Counsel’s recommendation, he believes the commission has the ability to make its own decisions.

City attorneys argue that Nahulu was acting within the scope of his duties during the pursuit, writing that he “was on duty and near the vehicle collision following dispersing a large social gathering” prior to the pursuit, meaning the city is legally obligated to fund the defense of his alleged actions.

“I believe that the regulations give us the right and responsibility to determine whether or not the actions were taken in the officers’ scope of duty. In my opinion, there is enough evidence to suggest in this case they were not,” said Parry, speaking before the commission voted.

The chase reportedly began shortly after 3 a.m. Sept. 12, 2021, after the three officers broke up a party at Maili Beach Park and then allegedly followed a Honda sedan driven by Perkins-­Sinapati. Nahulu, driving a subsidized police vehicle, allegedly led Smith and Bartolome, who were driving blue-and-white marked patrol cars, on the pursuit.

According to court documents and attorneys for the plaintiffs, none of the officers turned on their lights, sirens or directed Perkins-Sinapati to stop driving before allegedly bumping the back of the Honda and causing the crash in which the occupants were ejected.

Gouveia’s attorney, Eric Seitz, has said Nahulu had an ongoing feud with Perkins-­Sinapati, which allegedly prompted the car chase.

Perkins-Sinapati has 48 traffic and criminal violations dating to 2004, according to state court records, and he was sentenced to six months’ probation May 19 following 16 days in jail for misdemeanor assault for hitting his sister in the head.

Attorneys for the injured parties maintain that the officers fled the scene without helping the crash victims, and when a 911 dispatcher sent them to the scene, they allegedly acted astonished to learn about the crash.

The officers also allegedly falsified reports that led to HPD posting a highlight on its website alleging Perkins­-Sinapati was involved in a single-car crash that made no mention of a police pursuit.

It described a “single-­vehicle crash” at about 3:51 a.m. Sept. 12 and did not mention a high-speed pursuit of suspects for allegedly violating park closure rules and other laws.

“Unit 1 (the Honda sedan), traveling westbound on Farrington Highway at a high rate of speed, attempted to make a right turn onto Orange Street. Unit 1 lost control, veered right of the roadway, strikes the concrete curb, and travels through an open lot. Unit 1 continued traveling through a fenced property, collided with trees, and continued over the concrete wall of the adjacent property where it came to rest,” read the police account.

“The five male occupants of Unit 1 were ejected from the vehicle. As a result of the collision, the Unit 1 operator and one of the rear passengers were transported to an area hospital in critical condition. The remaining three passengers were also transported to an area hospital, but in serious condition.”

The report said it was “unknown if drugs or alcohol were also contributing factors.” It does not mention a sixth person in the Honda who also was injured but fled before EMS arrived.

In responses filed to Gouveia’s lawsuit, the city has alleged that Perkins-Sinapati is to blame for the crash. The city and attorneys for the crash victim are scheduled to be in mediation with all parties this month.