Two Honolulu police officers were justified in a Kailua fatal shooting in 2020, the city Department of the Prosecuting Attorney has concluded.
On Friday, Prosecuting Attorney Steve Alm said no charges will be filed against the officers, who shot and killed Dallas Pearce at a parking lot in Aikahi Gardens on Jan. 6, 2020. The officers’ names were not released.
Pearce, who was part of the Laumaka Work Furlough Program, failed to return to the program, prompting a search by the Honolulu Police Department.
Police made contact with Pearce after spotting his vehicle at Aikahi Gardens, and, in an attempt to arrest him on suspicion of second- degree escape, shot him after he reportedly pulled what appeared to be handgun out of a pocket, Alm said.
The weapon was determined to be a pellet or airsoft gun, as it had a hatch where a CO2 cartridge would be inserted.
“The use of deadly force is always regrettable, but in cases like this, it is justified,” Alm said in a statement. “Therefore, no charges will be filed against the Honolulu Police Department Sergeant or the Officer who shot Pearce resulting in his death.”
Alm said the officers acted in self-defense during the incident.
“While tragic, the shooting was justified. The officers acted in self-defense. They had reason to believe they were protecting themselves from death or serious bodily injury,” he said.
Before the shooting, police searched for Pearce for more than a month.
He had been serving a 10-year prison sentence after being convicted of first- degree burglary on April 11, 2012. In 2019 he was placed in the work furlough program, and on Nov. 19 of that year he failed to return, the prosecuting attorney’s report said.
His on-and-off girlfriend, who lived in Aikahi Gardens, reportedly said that Pearce did not want to turn himself in until after the holidays and his birthday, which was in January.
She knew Pearce had escaped from the work furlough program and did not let him stay with her, although she allowed him to shower at her residence about once a week.
The shooting took place in Pearce’s vehicle, a PT Cruiser, where the two officers struggled with Pearce while attempting to arrest him.
The prosecuting attorney’s report said both officers had used verbal commands and physical force in their attempt to arrest Pearce, who continued to resist arrest.
From outside, one of the officers had tried pulling Pearce from the vehicle. During the struggle, the other officer tried to apprehend Pearce from the back seat, and from there punched Pearce several times on the side of his head.
The officer outside the vehicle said Pearce had a gun, and the officer inside noticed Pearce reaching for his pocket, and he shot Pearce in the back and arm several times.
The other officer broke free from Pearce and shot him once in the abdomen after he reportedly continued reaching for the apparent handgun in his pocket.
Afterward the officers saw Pearce “slump” in the vehicle.
The report included a photo of the “replica handgun” in Pearce’s pocket. It was all black and did not have an orange tip to indicate it was not a real handgun.
The officer who shot Pearce multiple times has been an officer for 25 years and is a sergeant with HPD. He was suspended twice, once in 2008 and once in 2010, following sustained use of force or use of deadly force investigations.
He was suspended for one day following each of the investigations.
The other officer who fired his weapon that day has 13 years of service. He has not been part of sustained use of force or use of deadly force investigations.
Dallas Pearce, Redacted Inv… by Honolulu Star-Advertiser