The family of a 26-year-old man shot and killed by Honolulu police during a shoplifting investigation has settled with the city for $525,000.
On the afternoon of
Feb. 20, 2019, Kyle Thomas, his girlfriend and a friend were shopping at the Walmart in Mililani. As the trio left the parking lot, they were stopped by plainclothes Crime Reduction Unit officers in unmarked police vehicles.
Police alleged that Thomas fit the description of a shoplifting suspect and refused commands to stop.
The federal lawsuit filed against the city and the
department by attorney Eric A. Seitz noted that the officers, Chance Correa and Ronald Dumlao, never announced themselves to be police officers.
Thomas, his girlfriend and the friend obeyed commands to raise their hands and were unarmed, according to the federal civil complaint. Officer Correa used his fist to smash the driver-side window of the vehicle they were in and fired a shot into the car, hitting Thomas in the leg.
Thomas’ friend, who was sitting in the passenger seat, put pressure on the gunshot wound as Thomas’ foot was on the gas pedal.
The car moved away from the officers, but they opened fire on the vehicle before it crashed into a tree. Thomas’ girlfriend and friend were critically injured.
At the time, police said the officers feared for their lives.
“Initially, they (city attorneys) told us there was no way they were settling this case. They said they were robbing people. There was no justification for deadly force here. None,” said Seitz. “This was a case where even the chief at the time (Susan Ballard) said there were serious concerns. The police claim they were at risk because the car was moving toward them, and that’s not true.”
The Hawaii Law Enforcement Officer Independent Review Board decided in 2021 that the shooting was justified and that the officers shouldn’t be prosecuted for murder.
The incident inspired HPD to retool and improve its use-of-force training.
Michelle Yu, spokesperson for the Honolulu Police Department, declined comment on the settlement.
“As a result of mediation, the parties were able to reach a mutually acceptable resolution to the Thomas lawsuit,” said Scott Humber, communications director for the office of Mayor
Rick Blangiardi, in a statement to the Honolulu Star-Advertiser.
The State of Hawaii Organization of Police Officers noted that the city’s decision to “limit its legal liability by settling a lawsuit does not change the fundamental facts in this case.”
“Vigorous investigations by the Honolulu Police Department and the Prosecuting Attorney’s office, as well as a thorough review by the Hawaii Law Enforcement Officer Independent Review Board, all concluded that our officers’ actions were within policy and the law,” said Robert Cavaco, SHOPO president and an HPD lieutenant. “Regardless of the outcome of the legal actions, we all must understand that a family still grieves. They have our deepest sympathies for their loss.”
