A private citizen may have been involved in a police effort to restrain a 35-year-old Kaneohe man who was asphyxiated as a result, a lawyer contends.
On June 3 an officer investigating a vehicle theft arrived at a house in Waimanalo. Also arriving at the scene was the father of the young man whose truck and cellphone had been reported stolen, said Myles Breiner, the attorney for family of Stephen Dinnan, who, according to a medical examiner’s report, died from asphyxia.
According to a police report, the vehicle was reported stolen from Makapuu Beach Park and tracked to the Waimanalo property with GPS software tied to the cellphone left inside the truck. Breiner said the house is owned by Dinnan’s friend, who had allowed Dinnan to store two cars there.
When Dinnan was spotted on the property, Breiner said, an effort was made to detain him, a struggle ensued and Dinnan was probably placed in a chokehold by the civilian or the officer.
"Per our eyewitness, the civilian who was present said to Dinnan, ‘This is what happens when you steal from Hawaiians,’" Breiner told the Star-Advertiser.
Breiner said the civilian also tried to resuscitate Dinnan.
On Wednesday the medical examiner’s office issued a statement concluding that the manner of death was homicide and that Dinnan had died from asphyxia due to compression while being restrained in a prone position. Also, the hyoid, or lingual, bone in Dinnan’s neck above his Adam’s apple was broken.
Police placed a 26-year veteran officer on administrative leave, but he has returned to full patrol duty. Police spokeswoman Michelle Yu said an internal investigation is ongoing, and would not comment on why the officer was allowed to return to duty. "Each case is reviewed, and a decision made as to the officer’s status," she said.
During the altercation, Breiner said, Dinnan was forced to the ground on his stomach and handcuffed face-down in the dirt, with someone possibly kneeling on his back.
He called the medical examiner’s homicide ruling "vindication," especially since an earlier medical examiner’s news release said Dinnan had suffered "no assaultive injuries."
"We have photos of blood coming out of his ears, bloody foam coming out of his mouth and blood coming out of his nose," Breiner said. "The back of his head was severely contused, and the sides of his face were contused."
Dinnan was pronounced brain dead June 4.
Breiner represents Dinnan’s girlfriend, Shardeah Serhant, and their two children, ages 6 months and 2 years.
Serhant wants the responsible people to be held accountable, Breiner said.
Dinnan and his family were at the Waimanalo house to check out their stored cars, and Serhant had taken a quick trip to a McDonald’s restaurant when the incident occurred, Breiner said.
Another family attorney previously said Dinnan was outside the home carrying one of his children and was trying to put the child in his car, out of harm’s way, and was not trying to flee when police arrived.
Breiner said he wrote to the FBI, alleging the city prosecutor and police are not capable of investigating themselves and that an independent investigation is needed. He said two agents have been assigned and have interviewed his client and a number of witnesses.
An FBI spokesman said the FBI does not discuss the existence of ongoing investigations.
