Four HPD officers charged in connection with a September 2021 Makaha car chase and crash that injured six people — two of them severely — as well as an alleged cover-up have had their trial date pushed back a second time, to Dec. 18.
In May, officers Joshua J.S. Nahulu, 37; Erik X.K. Smith, 25; Jake R.T. Bartolome, 35; and Robert G. Lewis III, whose age was not listed, had their trial put off against the objection of city prosecutors until Aug. 21, according to state court records.
Oahu Circuit Judge Paul B.K. Wong granted a joint motion Friday by attorneys for the four officers asking for a continuance, against the objections of Deputy Prosecuting Attorney Scott K. Bell. Bell told the court Friday that he was ready to proceed with his prosecution.
The second continuation of the officers’ trial came two days after Honolulu Police Chief Arthur “Joe” Logan told the Honolulu Police Commission that the administrative investigation by the department’s Professional Standards Office was complete and that he disciplined each officer.
“I made decisions for the officers, the officers received the letters indicating what those decisions are and that begins the grievance process,” said Logan, speaking to commissioners during their meeting Wednesday. “Now the ball is in their court to either follow civil service rules and or collective bargaining rules toward grievance processes for the discipline (they received via letter).”
Logan told commissioners he cannot yet disclose the discipline for each officer.
“As we go forward, it would be premature for me to release the information as to what offense or discipline was appropriate for those individuals because now they are in the grievance process,” Logan said. “My decision is only initial. Things can change within the process, so we’ll let them have their due process and go through their processes with the union and various venues and see what happens.”
Commission Chair Doug Chin, a former state attorney general and acting Honolulu prosecuting attorney, asked the corporation counsel for guidance on how to handle discussions and questions about the four officers given that the grievance process started.
The corporation counsel recommended adhering to HPD’s collective bargaining agreement with the State of Hawaii Organization of Police Officers, which ensures disciplinary matters remain confidential until the annual report is sent to state lawmakers at the beginning of every session.
After the officers get the letter from the chief, they can take it up with the city Department of Human Resources before it goes to binding arbitration.
Commissioner Ann Botticelli asked whether commissioners could share more information about what the department determined the officers did and how they were disciplined.
“I just ask because I think there is obviously a lot of concern by both this commission and the community that it’s taken so long, and we don’t … have any information about what kind of judgement has been made,” she said Wednesday. “We heard in the media that the four officers were dismissed. We were told last meeting that that is incorrect. Is it possible to say X number have been recommended for dismissal, X number have been recommended for another thing, without violating that contract?”
It’s not clear that Logan could disclose the discipline without the names and not violate the SHOPO contract, according to the corporation counsel.
“We need to recognize there is a lot of interest in this, and it has been a very, very long time and process. That’s why I’m trying to figure out if there is someway we can satisfy both,” Botticelli said.
Nahulu’s attorney, Richard Sing, and Bartolome’s attorney, Pedric T. Arrisgado, declined comment. Smith’s attorney, Doris D. Lum, and Lewis’ attorney, Benjamin R.C. Ignacio, did not immediately return requests from comment from the Honolulu Star-Advertiser.
Nahulu is charged with collisions involving death or serious bodily injury for allegedly causing the crash near the corner of Farrington Highway and Orange Street that paralyzed a teenager and left the driver of a white 2000 four-door Honda Civic with a traumatic brain injury. Nahulu faces a Class B felony punishable by up to 10 years in prison.
Smith, Bartolome, and Lewis are charged with hindering prosecution in the first degree, a Class C felony punishable by up to five years in prison.
Smith, Bartolome and Lewis were also charged with conspiracy to commit hindering prosecution in the first degree, a misdemeanor punishable by up to a year in jail.
All four entered not-guilty pleas March 23. Smith, Bartolome and Lewis were released after posting $5,000 bail, and Nahulu is free on $10,000 bail. The officers were placed on restriction of police authority.
“It’s SHOPO’s duty to represent all of its members in the administrative discipline process in a professional manner, in good faith, and without discrimination. SHOPO is providing the same high-quality representation to these officers as we’ve done for officers in the past and will do so for officers in the future,” SHOPO President Robert Cavaco told the Star-Advertiser. “In order to preserve a fair workplace and maintain the trust of our members, it is critical that we provide equal representation to all SHOPO members.”
At about 3:30 a.m. Sept. 12, 2021, Nahulu, Smith, Bartolome and Lewis were dispatched to a noise complaint about a party in Maili Beach Park, according to the felony information and nonfelony complaint filed March 16.
A white, four-door 2000 Honda Civic drove out of the parking lot when the officers arrived, and Nahulu, Smith and Bartolome allegedly followed in an unannounced pursuit.
Nahulu was allegedly “nearest the sedan when it left the highway and crashed onto private property” at about 3:45 a.m., injuring all six occupants, some critically, when they were ejected from the Civic after it crashed through a yard and over a concrete wall.
Nahulu, Smith and Bartolome allegedly drove past the scene of the crash, then pretended to know nothing about it when a police dispatcher sent them back to the scene.
The three officers allegedly met up in the driveway of Waianae Intermediate School before the 911 dispatcher sent them to the scene of the crash, according to the complaint.
Body-worn camera footage from Smith, Bartolome and Lewis responding to the crash scene allegedly shows them acting as if they had “no prior knowledge of the facts that gave rise to the collision.”
Attorneys in a civil suit against the city allege that Nahulu had a grudge against Jonaven Perkins-Sinapati, the driver of the Honda Civic.
Perkins-Sinapati suffered brain damage, was on life support after the crash and is pursuing a civil action against the officers.
Four other passengers who sustained injuries in the early morning crash recently settled with the city for $4.5 million. Those passengers were 17, 18, 20 and 21 at the time of the crash.
A passenger who was paralyzed, Dayton Gouveia, was 14 on the morning of the crash.
He was paralyzed for months from the neck down, and doctors estimate the health care services he will need throughout his life will cost about $7 million.
The civil cases brought by Perkins-Sinapati and Gouveia are in settlement negotiations, but resolutions have not been reached.
