A 40-year-old Maui Police Department officer is facing federal charges after he allegedly tased a suspect who surrendered and falsified a police report to cover it up, according to Acting United States Attorney Kenneth M. Sorenson.

Carlos Frate was indicted by a federal grand jury Jan. 16 and charged with deprivation of civil rights under color of law and making a false report “in relation to and in contemplation of a matter within the jurisdiction of the Federal Bureau of Investigation,” according to the indictment.

The Maui Police Department made the initial referral to the federal government, and the charges resulted from an investigation by the FBI and MPD. The case is being prosecuted by Assistant U.S. Attorney Michael F. Albanese.

In a statement, the Maui Police Department said it “referred a case to federal authorities following an incident where a former officer who served for 14 years, used a Taser on a member of the public without apparent legal justification.”

The alleged criminal behavior happened on Jan. 6, 2024, when Frate was responding to a disorderly conduct incident in Kihei.

“We hold ourselves to the highest standards of accountability and transparency,” said Chief of Police John Pelletier. “When our officers fall short of these standards, we must address those failures with impartiality and integrity. This referral underscores our commitment to ensuring justice and maintaining public trust.”

Frate was terminated by MPD earlier this year. The department is working in “full cooperation with federal authorities” to ensure a comprehensive and impartial review.

“Our community deserves accountability,” Pelletier added. “We are taking deliberate steps to reinforce our commitment to fair and equitable law enforcement practices, ensuring that every individual’s rights are upheld.”

Currently, the investigation is ongoing, and no further information is available, according to MPD.

Frate also allegedly created a fake narrative included in his Maui Police Department Incident/Investigation Report.

Frate wrote that as he got out of his police car, a man referred to in federal court documents as “M.P.” took a “fighting stance as (he) clenched his fists next to his body.”

Frate wrote that he ordered M.P. to “get on the ground” before tasing him and that M.P. “continued standing in a fighting stance,” and Frate tased him again, according to the indictment.

He allegedly “omitted that M.P. had complied with Frate’s direction to get on the ground before Frate tased him again.”

M.P.’s hands were open and M.P. was not in a fighting stance when Frate “initially approached M.P.” drew his taser and fired without having first ordered M.P. “to get on the ground” and tased hi again after he got on the ground and surrendered.

Frate’s arraignment is set for Wednesday.

If convicted, Frate faces up to ten years in federal prison on the deprivation of civil rights charge, and up to 20 years in prison on the false report charge.