POLICE DEPARTMENT CITY AND COUNTY OF HONOLULU uni EiOli?H-t Hi BLTANIA 51 - HONOLUI ll HAWAII 1 Fl 52$! 31 I IN hunolnlupd Inth Ill?! ('Al DWI ll LHHI MAYOR MANN A MCCAUHY (.ARY DKIHDHI DEPUTY REFERENCE LM-MM January 27, 2016 The Honorable Ronald D. Kouchi President State Senate State Capitol, Room 409 415 South Beretania Street Honolulu, Hawaii 96813 Dear President Kouchi: Pursuant to Section 520-35 of the Hawaii Revised Statutes, Reports to the Legislature, we are submitting our 2015 annual report to the Legislature. The report includes a summary otthe facts, the nature of the misconduct for each incident that resulted in the-suspension or discharge of a police officer, and the disciplinary action imposed. The report also indicates the number of police officers suspended and discharged during 2015 under the following categories of our department's Standards of Conduct: 1. Malicious Use of Physical Force 2. Mistreatment of Prisoners 3. Use of Drugs and Narcotics 4. Cowardice It should be noted that the enclosed summary covers each individual incident for which discipline was meted out by the department. Out of that total number, an officer may have been involved in more than one incident and disciplined more than once. It should also be noted that the discipline meted out in a case is dependent upon the past disciplinary record of the officer. For example, discipline for an officer who has been disciplined recently for the same or similar violation would be more severe than for an officer who has a spotless disciplinary record. 0F Him" JAN 2 9 2015 . . RE. BUREAU The Honorable Flonald D. Kouchi January 27, 2016 Page 2 For the reporting period, 58 officers were disciplined for 58 incidents. Should there be any questions, Major Lisa A. Mann of the Professional Standards Office may be contacted at 723-3775. Sincerely, Louis M. ea 0 a Chief of Police Enclosures cc: Honolulu Police Commission .. f? in ?at. a? if its. Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Reference No. Summary! Findings PAT Noti?ed Disciplinary Action Status Ref. No. with Same Officer 14-023 Was verbally abusive to a member of the public and exercised police authority while on restriction. Failed to respond to an administrative investigation. Criminal Conduct initiated: Harassment 0 No Discharged 14-024 14-025 1 4?030 1 4-037 14-024 r. while on restriction. Failed to respond to an administrative investigation. .- a r" .r During a verbal argument with a member of the public, exercised police authoritv?aDischarged 14?023 1 4-025 1 4-030 1 4-037 14-025 Was absent without authorized leave. Failed to respond to an administrative investigation. it. . en No Discharged 1 4-023 14-024 1 4-030 14?037 14-026 Berated and made comments of a sexual nature toward a subordinate. No 20 days 1 5?027 14-030 Was absent without leave from work. Failed to respond to adi?dministrative investigation. A - ?r in: rain, 5 V. 1 ,i?dm 1? No Discharged 1 4-023 1 4-024 14-025 1 4-037 14-031 Tried to pursue a personal friendship and initiated inappropriate communications with another officer. Violated the sexuai?harasspient policy by continuing to send 5? unwanted text messages to the officer. git-Wt No 3 days 14?032 Verbally threatened the compiainant. Punched the complainant in the face and slammed his head into the ground. Criminal Conduct Initiated: Assault in the Third Degree Terroristic Threatening in the Second Degree 'Pursuant to grievance process, suspension reduced from 20 days to 12 days. Yes 12 days? Final Grievance Pending Page 1 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Reference No. PAT Summa IFindin 9 Notified Disciplinary Action Status Ref. No. with Same Officer 1 4-034 Tested positive for a controlled substance during a drug urinalysis test. No *Pursuant to Collective Bargaining Agreement and departmental policy, disciplinary action was not imposed as employee successfully completed drug treatment program. No Action? 1 4-037 Was absent without leave from work. No is, L. v- in Discharged 14-023 14?024 14?025 14?030 14-040 Was involved in a motor vehicle collision while off duty and failed to remai?l?wa'nd Yes provide required personal information. Failed to remain at the; s?q?'cfa motor vehicle collision that resulted in bodily injury to the victim. Sub?in '1 statement form. ?is; Criminal Conduct Initiated: TamperingWith a Government Fiecord is 10 days 1 5-001 Operated an HPD vehicle in a negligent use his seat belt. - No As. '11. - ,5 Criminal Conduct initiated: Negligent Injury in the First Degree ?it 1 day 15-002 *3 1? . Pushed his wife onto the bed, grabbed her?ep?'. and applied pressure to her nose. Yes Threatened his wife while he pushed her neck and face down onto the bed. Criminal Conduct initiated: Abuse of Family or Household Member Terroristic Threatening in the Second Degree Discharged 15-003 Made inappropriate comments of a sexual nature to an arrestee in police custody. No 5 days Final Grievance Pending Page 2 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Reference Summary I Findings PAT Notified Disciplinary Action Status Ref. No. with Same Officer 1 5-004 Pursued a suspect in a marked HPD vehicle without utilizing his blue lights and siren and without declaring a motor vehicle pursuit. Did not properly document the incident. Criminal Conduct Initiated: Assault in the Second Degree Assault in the Third Degree ?w Yes 1 day 1 5-005 Felted to submit a police report after being ordered to do so by a superviscg.? {5 *Pursuant to grievance process. suspension reduced from 3 days to d?igaie- No 1 day" 1 5-006 Was involved in a motor vehicle collision while responding to ghg??mjgigency call. Was found to be speeding and failed to activate his blue lightda??gigen. Failed to use his seat belt. Criminal Conduct Initiated: . . Negligent Injury in the First Degree ?g a if it; 152:; ?k 'Pursuant to _gjevance process, suspensionrf?edt?ed?m 20 days to 10 days. No 10 days? 1 5-007 Continued a pursuit after the pursuit was term?l?ated by a supervisor. Did not declare or notify dispatch about his continued involveme in the pursuit and did not provide the necessary information to update the paisuif Created an unreasonable risk given the Circumstances and conditions. Falsmed Information in his police report. No 10 days 1 5-008 Continued a pursuit after the pursuit was terminated by a supervisor. Did not declare or notify dispatch about his continued involvement in the pursuit and did not provide the necessary information to update the pursuit. Created an unreasonable risk given the circumstances and conditions. Falsi?ed information in his police report. No 10 days '1 5-009 Was insubordinate toward his supervisor. Used vulgar language and made unprofessional comments. No 1 day Final Grievance Pending Page 3 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Reference No. Summary! Findings PAT Notified Disciplinary Action Stems Ref. MD. with Same Officer 15-010 Engaged in unprofessional conduct and made inappropriate comments during a domestic argument with his girlfriend. Criminal Conduct initiated: Terroristic Threatening in the First Degree *Pursuant to grievance process, suspension reduced from 5 days to 3 days. "the Yes 3 days* 1 5-060 15-011 r. Failed to initiate a Found Preperty report. improperly disposed of the property: Criminal Conduct initiated: .33 Criminal Littering . ?ken. Yes 3 days 15-012 Made inappropriate comments of a sexual nature to a while on .. a special duty assignment. . i No 1 day 15-013 m. I. Made inappropriate comments to a valet at a Possessed an empty. open beer bottle in his subsidized vehi?l?'while on duty. No 1 day 15-014 Collected mileage fees that he was not entitled togfaisoly recorded his court mileage. Vi? E5 xviiCriminal Conduct initiated: Ea Theft in the Fourth Degree i Yes 10 days 15-015 Placed several subordinate officers on spe??cialrga?SSignment and then told them to go home for the day upon completion of the assignment. ?Pursuant to grievance process, suspension reduced from 3 days to 1 day. No 1 day" 15-016 Was unprofessional and discourteous toward another officer by repeatedly uttering inappropriate remarks, using derogatory language, and making a threatening gesture. No 3 days 15-017 Failed to proceed to or arrive at a traffic-related assignment and/or remain at her assignment and on duty unlit properly relieved. Was untruthful during the administrative investigation. *Pursuant to g?evance process, suspension reduced from 10 days to 7 days. NO 7 days* Final Grievance Pending Page 4 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Reference No. Summary I Findings PAT Notified Disciplinary Action Status Ref. No. with Same Ol?cer 15-018 inappropriately touched a female driver during a traffic stop. Criminal Conduct initiated: Sexual Assault in the Third D_egree Yes Discharged 15-019 Claimed work-related mileage that he was not entitled to. Worked a special duty; No assignment that overlapped with his work shift. Falsified his mileage record. g? 20 days 1 5-020 ,s We 50-. I. No :1 5 days 15-021 Falser recorded his mileage record on multiple occasions. r. Stoie a jacket that belonged to another officer. I without his duty belt. Criminal Conduct Initiated: Theft in the Third Degree dew? *Pursuant to grievance process, suspension reduced from?) days to 5 days. Yes Was improperly attired 5 days" 1 5-022 Was involved in a verbal argument with his-girlfriendiwhich tu?ed physical when he pushed her. Was involved in an argument with a-t?ggifdi?liler. Entered the taxi and threw out property belonging to the driver. Damag?mthe taxi door. Criminal Conduct Initiated: Abuse of Family or Household Member?? Criminal Property Damage in the Fourth Unauthorized Entry into Motor Vehicle in the?First Degree 'Pursuant to grievance process. suspension reduced from 10 days to 5 days. ?uh. Yes 3: aes 5 days" 1 5-023 Failed to operate an HPD vehicle in a reasonable and prudent manner by driving at a No high rate of speed without cause or iustification. which resulted in a collision with a concrete median. Failed to use his seat beit. 'Pursuant tggrievance process, suspension reduced from 3 days to 2 days. 2 days" 1 5-024 Retaliated against a subordinate by removing her from her assigned beat and No charm her work schedute. 1 day Final Grievance Pending Page 5 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Heierence No. Summary I Findings PAT Noti?ed Disciplinary Action Status Fiat. No. with Same Officer 1 5-025 Unnecessarin brandished a department-issued AR-15 rifle in the police station parking lot and in the squad room. No Discharged 1 5?026 Was disrespectful toward another officer. N0 1 day 1 5?02 7 Fietaliated against another officer by making detrimental statements and breaching the con?dentiality of the HPD Sexual Harassment Policy. No Discharged 14-026 15-028 Spoke in an unprofessional manner and questioned the investigation perform?eg; by. officers during a traffic stop involving his friend. No 3 days 15-029 Kicked and struck two males and pushed a female while looking for a sus a game room. Falsified a report. Failed to check on the injured parties them with emergency services. Criminal Conduct Initiated: . I 4.: investigation No* Discharged 1 5-030 Did not intervene or report wrongdoing by another officer. ?ngiegrto check on the injured parties or provide them with emergency services. Criminal Conduct Initiated: investigation Discharged 1 5031 Did not intervene or report wrongdoing by an?i?fer officer. Failed to check on the injured parties or provide them with em??i?gencys?rvices. Criminal Conduct initiated: investigation Discharged 1 5-032 Committed criminal acts of a sexual nature against the victim. Criminal Conduct initiated: Kidnapping Sexual Assault in the First Degree Sexual Assault in the Second Degree Sexual Assault in the Fourth ngree Yes Discharged 1 54333 Was overbearing, combative, and disrespectful toward a supervisor. Failed to submit a police report. No 3 days Final Grievance Pending Page 6 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 . . . Ref. No. with ?damn? Summary I Findings PM D'sc'p-Imary smut" same No. Noti??d Act? Officer 15-034 Intentionally damaged a vehicle and slammed the driver's door on the victim, No 1 day causing injury. Criminal Conduct initiated: Assault in the Third Degree I. Criminal Property Damage in the Second Degree 3 15~035 Covertiy recorded a meeting and attempted to reveal the recording to anotheday ir- Criminal Conduct initiated: 3.. Violation of Privacy in the Second Degge J1 its,? 15-036 Attempted to intimidate a witness and was untruthiul during No 20 days 15~043 investigation. Failed to submit all materials and relevant intotingtignrig?ir the 15?056 administrative investigation. . VF.- .- Criminai Conduct Initiated: intimidating a Witness .. a tie in: ended parked vehicle, tied the No 15 days scene, and failed to initiate a police report. during the administrative investigation. Operated a vehicle with an excited ta)? registration and safety check. .12 i. '1 15-037 Was involved in a motor vehicle collision with emu 3 Criminal Conduct initiated: a; he." Duly Upon Striking?nattended Vehicle or other Property (Traffic Violation) Final Grievance Pending A Arbitration Page 7 of 12 Honolulu Police Department Legislative Disciplinary Report Reporting Year: 201 5 Reference No. Summary 1 Findings PAT Notified Disciplinary Action Status Ref. No. with Same Officer 15-038 Shoved and grabbed his girlfriend and tried to restrict her breathing. Took her cell phone and wailet. Damaged a vehicle window. Slashed the tires of another vehicle. Was untruthful during the administrative investigation and was found to be malingering. Criminal Conduct initiated: Abuse of Family or Household Member *5 Assault in the Third Degree ,1 Criminal Property Damage in the First Degree - 5; Terroristic Threatening in the First Degree -: .. Theit in the Second Degree 3 Theft in the Third Degree 3?s? YES Discharged 1 5-039 No 5 days 1 5-040 Witnessed an assault and failed to take action or properiyfreporttitj? 7' Showed an inappropriate video during a meeting. a; a; *Pursuant to grievance process, suspension reduc?'d from 3 days to 1 day. No 1 day" 1 5-041 Challenged an individual to a light and assaulted- i?-by throwing him to the ground. Was discourteous and used profanity. Faileditc ?ggaeiif report the incident and failed to submit a Use of Force form. Failed tE?rgheckon the individual's injuries or provide him with emergency services. '1 a: Criminal Conduct initiated: Assault in the Third Degree Yes Discharged 1 5-042 Used unreasonable force by striking the suspect multiple times with his baton, causing serious bodily injury. Criminal Conduct initiated: Assault in the Second Degree Yes 3 days Final Grievance Pending Page 8 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Ref. No. with Status Same Officer Reference . PAT Disciplinary No. Summary! Findings Named Action 15-043 Filed false information to obtain a vehicle tax exemption and was untruthful during Yes Discharged 15?036 the administrative investigation. 15-056 Criminal Conduct Initiated: Tampering With a Government Record Theft in the Second Degree a 15-044 Performed personal business while on duty. Yes 1 day 15-045 Failed to submit evidence in a criminal case. :a ?its. No 5 days 15-046 Got into a verbal argument and physical altercation with another officer ads A No 6 days" 15-047 residence. 1' ?as? in. . pm. a; i? ?Pursuant to grievance process. suspension reduced from 10 days. 15-047 Got into a verbal argument and physical altercation with anpther'?t?cer. No 6 days" 15?046 7?s. .- 'Pursuant to grievance process, suspension reduc. . "item to?days to 6 days. 15-048 Got into a verbal argument and physical altercatici?gyiih?nother otficer at a Yes 6 days? 15.049 residence. v.5: a kc; .A ?glacier Criminal Conduct initiated: Abuse of Famiiy or Household Member .. ?r *Pursuant to grievance process, suspension reduced from 10 days to 6 days. 15-049 Got into a verbal argument and physical altercation with another of?cer. Yes 6 clays" 15-048 Criminal Conduct initiated: Abuse of Family or Household Member *Pursuant to grievance process, suspension reduced from 10 days to 6 days. 15-050 Made inappropriate comments to his coworkers. No 10 days 15?051 0. 154351 Viewed pornographic material on his computer. No Discharged 15-050 15052 Made comments of a sexual nature to another employee. No 1 day Final .-.. Grievance Pending A Arbitration - - Page 9 of 12 Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Reference No. Summary! Findings PAT Notified Disciplinary Action Status Ref. No. with Same Officer 1 5-053 Made inappropriate comments to his subordinates. No 1 day 1 5-054 Yetled and swore at his girlfriend. While intoxicated, failed to leave a restaurant when asked to do so. Was observed on video engaged in physical altercations with his girlfriend. - Criminal Conduct initiated: Abuse of Family or Household Member as? Yes Discharged 1 5-055 Failed to lead, train, and direct his personnel. Failed to notify a respond to a crime scene involving another officer. Failed to ensure that gi??foper investigation was conducted and properly documented. Failed to ensure that the proper reports were initiated and forwarded. No 20 days 1 5-059 1 5-056 Was untruthful when submitting required educational docume?htgtibgj?r a promotional exam. 4 No Discharged 1 5-036 1 5-043 1 5057 Grabbed his girlfriend by her shoulders and threw her to magmatic. 4,414 i' it? Criminal Conduct Initiated: Abuse of Famjy or Household Member gee-x, {a It .i 1' .. gin Yes Discharged 15~066 15*058 Drove while under the influence of an intoxicantei?i??allec?l to submit to breath. blood, or urine tests. cg?. . . Criminal Conduct initiated: as, Operating a Vehicle Under the Influence of an lntoxlcant Refusal to Submit to Breath. Blood, or Urine Test Yes Discharged 1 5-059 Failed to ensure that his subordinates conducted a thorough motor vehicle collision investigation involving another of?cer. No 10 days 15-055 15-060 Submitted an overtime card that contained false information. Was untruthful to the District Court HPD officer. Criminal Conduct initiated: Attempted Theft in the Fourth Degree Tampering With a Government Record Yes Discharged 15-010 Final Grievance Pending Page 10 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 201 5 Heierence No. Summary I Findings PAT Notified Disciplinary Action Status Ref. No. with Same Officer 1 5?061 Entered the individual?s back yard and attempted to enter her residence without her permission. Damaged a wooden frame and screen in the process. Criminal Conduct Initiated: Criminal Trespass in the First Degree Criminal Property Damage in the Fourth Degree . Yes 20 days 1 5-062 Reported late for duty and left before his shill was over. Faisified his time agrees NO 3 days 1 5-063 Handcuffed the individual and drove him to a location where he threatenpd??im. Damaged the individual?s property. Did not submit appropriate inciden?tirep?rts??o document his actions during the incident.- Criminal Conduct Initiated: it Kidnapping _v Theft in the Third Degree No Discharged 1 5-054 Drove under the influence of alcohol and was involved in a It?? Or vehicle collision a 5r! . Criminal Conduct initiated: A. Operating_a Vehicle Under the Influence of an'lnt?xica?i?it Yes Discharged 15-065 Spoke to a subordinate officer in a loud and desc?nding manner. Singled out the officer and placed unreasonable restrictions on him. No 1 day 1 5066 Was arrested for multiple drug offenses. in: Criminal Conduct initiated: Promoting a Dangerous Drug in the Second Degree Promoting a Dangerous Drug in the Third Degree Promoting a Harmful Drug in the Second Degree Promoting a Harmful Drug in the Third Degree Yes Discharged 1 5-057 Final Grievance Pending Page 11 of 12 A Arbitration Honolulu Police Department Legislative Disciplinary Report Reporting Year: 2015 Suspended Discharged Standard of Conduct Malicious Use of Physical Force Mistreatment of Prisoners Use of Drugs and Narcotics NOFO 0000 Cowardice Final Grievance Pending A Arbitration Page 12 of 12