An off-duty Drug Enforcement Administration special agent accused of pulling a 48-year-old woman from her van and forcing her face-down on the ground at Kapolei Community Park last year was found not guilty Wednesday of misdemeanor assault.
Before his two-day trial began, U.S. Magistrate Judge Kevin S. Chang said the evidence was not indisputable that Daniel Moore was acting under color of law and ruled Moore did not have immunity from state prosecution in the case.
The charge stems from a confrontation on March 10, 2011, between Moore, 48, who was at the park coaching his son’s AYSO soccer team, and a woman who said she was hanging out with friends under a tree near the parking lot, playing music and talking story.
The woman, Lyda Abellira, testified that the soccer team set up its goal close to her and her friends in an obvious attempt to force them to leave. When they refused, she said Moore approached her and told her and her friends to leave.
When she got into her van, Abellira said, Moore grabbed her arm and pulled her from the vehicle. He dragged her from the parking lot, over the sidewalk and onto the grass, then threw her to the ground. She said Moore then placed his knee on the back of her neck and the rest of his weight on her back.
Moore said he told Abellira he’d forget about the drugs he said he had seen in her possession earlier if she left the park. He said he detained her after she appeared to threaten another coach and tried to flee.
Moore said Abellira had also threatened to stab any soccer ball that got near her group.
Abellira said she told her friend she was going to deflate any ball that hit her in the face.
Chang said he found Moore credible and Abellira not credible.
Federal prosecutors earlier appeared in state court on Moore’s behalf, then moved the case to federal court after they were unable to persuade city prosecutors to drop the case.
The trial pitted the city prosecutor seeking Moore’s conviction against federal prosecutors defending Moore.