The estranged wife of a Honolulu police sergeant charged with abuse has filed a civil lawsuit against him and the Police Department.
The civil suit was filed at Circuit Court against Sgt. Darren Cachola on Monday, the same day police arrested him on suspicion of abusing her at her home, according to her attorney, Eric Seitz.
The lawsuit accuses him of assault and battery in 2017 and alleges negligence, conspiracy and infliction of emotional distress by him, the Honolulu Police Department, police officers Kevin Bailey and Thomas Taflinger, retired Deputy Chief Cary Okimoto, who was acting police chief at the time, and other parties described as John Does.
The couple is going through a divorce and does not live together.
Cachola was charged Wednesday with misdemeanor abuse of a family or household member and two counts of petty misdemeanor harassment. He was released after posting $1,500 bail.
Misdemeanor abuse carries penalties of up to a year in jail, and petty misdemeanor harassment carries up to 30 days in jail.
Seitz said they plan to amend the lawsuit to add Monday’s alleged abuse.
Cachola’s police powers will be removed, and HPD has initiated criminal administrative investigations, according to police.
POLICE CHIEF Susan Ballard said Wednesday she was disappointed with the allegations regarding Cachola’s conduct and expects officers to be positive examples in the community, both on and off duty.
Seitz said he was “appalled” Cachola was released on a $1,500 bail.
HPD sets bail for misdemeanor and petty misdemeanor offenses, according to Brooks Baehr, spokesman of the Honolulu prosecutors’ office.
The Police Department declined to comment on the lawsuit and bail amount due to the pending litigation, said HPD spokeswoman Michelle Yu.
According to the lawsuit, Cachola’s wife was at home working on her laptop when her husband arrived at about 3 a.m. April 23, 2017. He appeared “highly intoxicated” and told her to turn off her laptop.
When she refused he allegedly choked her. She then fell to the floor gasping for air after he released her.
After she called 911, Bailey allegedly told her if she pressed charges against Cachola, the media would find out, harass her at her home and workplace, and “it would be very ‘ugly’ and ‘embarrassing’ for her.”
Bailey and another responding officer also asked her to write the following statement: “I got into an argument with my husband. I have no injuries, thank you,” according to the lawsuit.
Police did not arrest Cachola or take photos of her injuries. According to the lawsuit, he was issued a 48-hour no-contact order.
Cachola could not be reached for comment.
SEITZ ACCUSED the Police Department of being complicit in the handling of the abuse cases involving Cachola. “It’s horrible,” he said.
Cachola was stripped of his police powers in 2014 after surveillance video showed him in a brawl with his former girlfriend in a Waipahu restaurant.
He was fired but reinstated after an arbitrator reversed that decision.
Seitz said, “In my view, I think the Police Department and the union were in cahoots when it comes to aiding and protecting abusers of family members.”
Malcolm Lutu, president of State of Hawaii Organization of Police Officers, said a grand jury chose not to indict Cachola in the 2014 case. “There was no criminal case. It had nothing to do with the Police Department or the union.”
The police union represents officers in administrative discipline matters and does not get involved in criminal cases, he added.
Lutu also recalled an administrative investigation was conducted into the April 2017 allegations and said police officers were cleared of any wrongdoing.
When asked about the recent charges against Cachola, Lutu said although he did not know the facts of the case, the union and HPD do not condone abuse.
Cachola is a 23-year veteran of the Police Department and is assigned to the Pearl City station (District 3).
Correction: An earlier version of this story contained an incorrect first name for Malcolm Lutu, president of SHOPO.
