522.3 POLICE DEPARTMENT CITY AND COUNTY OF HONOLULU 2018 801 SOUTH STREET HONOLULU. TELEPHONE: (803) 529-3111 - mreamsr: BUREAU KERN CALDWELL SUSAN SALLARD MAYOR CHEF JOHN D. MCCARTHY JONATHON GREMS DEPUTV oun REFERENCE Al January 31, 2019 The Honorable Ronald D. Kouchi President State Senate State Capitol, Room 409 415 South Beretania Street Honolulu, Hawaii 96813 Dear President Kouchi: in accordance with Section 520-35 of the Hawaii Revised Statutes, Reports to the Legislature, the Honolulu Police Department (HPD) is submitting its 2018 annual report to the Legislature. The report includes a summary of the facts, the nature of the misconduct for each incident that resulted in the suspension or discharge of a police of?cer, and the disciplinary action imposed. Furthermore, the report also indicates the number of police of?cers suspended and discharged during 2018 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 HPD. Out of that total number, an of?cer may have been involved in more than one incident and disciplined more than once. Additionally, the discipline meted out in a case is dependent upon the past disciplinary record of the of?cer. For example, discipline for an of?cer 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. Sufi/fig and Pratt?t?tfng 1/?th A [Li/n7 The Honorable Ronald D. Kouchi January 31, 2019 Page 2 For the reporting period, 21 of?cers were disciplined for 21 incidents. Should there be any questions, Major Aaron Takasaki?Young of the Human Resources Division may be contacted at 723-3564. Sincerely, QWW Susan Ballard Chief of Police Enclosures cc: Honolulu Police Commission Honolulu Pause Department Legislative Disciplinary Report Reporting Year 2018 Reference No. Summary I Findings PAT Noti?ed Disciplinary Action Statue Ref. No. with Same Of?cer 1503? Was invotved in a motor vehicle collision with an unattended parked vehicle. ?ed the scene. and failed to initiate a police report. Was untruthfut during the administrative investigation. Operated a vehicle with an expired tax registration and safety check. Criminal Conduct initiated: Fled Scene - Duty Upon Striking Unattended Vehicle or Other Property (Traf?c Violation) ?Pursuant to the grievance process. suspension reduced from 15 days to 5 days. Yes ?5 days 15-042 Used unreasonable force by striking the suspect multiple times with his baton. causing serious bodily injury. Criminal Conduct initiated: Assault in the Second Degree {Pursuant to the grievance process. arbitrator vacated the 3day suspension. The arbitrator determined that the HPD did not present substantial evidence or proof that the force used by the employee was unreasonable. Yes ?0 days 15-045 Failed to submit evidence in a case. No 5 days 154054 Yeiied and swore at his griitn'end. While intoxicated. failed to leave a restaurant when asked to do so. Was observed on video engaged in physical attercations with his girtfriend. Criminal Conduct initiated: Abuse of Family or Household Members ?Pursuant to the grievance process. arbitrator vacated the discharge and imposed a 6-month suspension. Yes '6 months 15-055 Failed to lead. train. and direct his personnel. Failed to notify a supervisor to respond to a crime scene involving another of?cer. Failed to ensure that a proper investigation was conducted and property documented. Failed to ensure that the proper reports were initiated and forwarded. N0 20 days 15-059 15?059 Faiied to ensure that his subordinates concluded a thorough Motor Vehicle Collision investigation involving another of?cer. No 10 days 15-055 16-006 Swone at the complainant and her passengers in an aggressive and condescending manner. Was unprofessional and overbearing. Ordered the complainant's passengers to exit the vehicle and walk home. Criminal Conduct initiated: Harassment Yes 20 days 16~008 Committed multiple criminal acts of sexual assault against a relative who was a minor. Criminal Conduct initiated: Sexual Assault in the First Degree Sexual Assauit in the Third Degree Yes Discharged 16-013 Failed to properly supervise his subordinates at the scene of an off-duty shooting incident. 'Pursuant to the grievance process. arbitrator vacated the 10-day suspension as the arbitrator determined that there was insuf?cient evidence to support the ?clear and convincing? standard of the imposed discipline. The arbitrator felt that the involved personnel acted accordingly when investigating the incident. and the officer provided appropriate direction to subordinates throughout the investigation. No *0 days FINAL GRIEVANCE PENDING A ARBITRATION tEGiSl?iiVE REFERENCE BUREALE STAYE 0E ititiitii FEB ii i 2019 Honolulu Ponce Department Legislative Disciplinary Report Reporting Year 2018 Reference No. summaryil Findings PAT Noti?ed Disciplinary Action Statue Ref. lie. with Same Officer 1 M37 Was involved in a motor vehicle collision with an unattended parked vehicle. tied the scene. and failed to initiate a police report. Was untruthiui during the administrative investigation. Operated a vehicle with an expired tax registration and safety check. Criminal Conduct initiated: Fied Scene Duty Upon Striking Unattended Vehicle or Other Property (Traf?c Violation) 'Pursuant to the grievance process. suspension reduced from 15 days to 5 days. Yes '5 days 15-042 Used unreasonable force by striking the suspect multiple times with his baton. causing serious bodily injury. Criminal Conduct initiated: Assault in the Second Degree *F?ursuanl to the grievance process, arbitrator vacated the 3?day suspension. The arbitrator determined that the HPD did not present substantial evidence or proof that the force used by the employee was unreasonable. Yes *0 days 15-045 Failed to submit evidence in a criminal case. No 5 days 15.054 Yeiied and swore at his grittn?end. White intoxicated, failed to leave a restaurant when asked to do so. Was observed on video engaged in physical altercations with his girifn?end. Cn?minal Conduct Initiated: Abuse of Famiiy or Household Members *Pursuant to the grievance process, arbitrator vacated the discharge and imposed a 6-month suspension. Yes '6 months 15-055 Failed to lead. train, and direct his personnel. Failed to notify a supervisor to respond to a crime scene involving another of?cer. Failed to ensure that a proper investigation was conducted and property documented. Failed to ensure that the proper reports were initiated and forwarded. No 20 days 15-059 15-059 Failed to ensure that his subordinates conducted a thorough Motor Vehicle Collision investigation involving another of?cer. No 10 days 15-055 16-006 More at the complainant and her passengers in an aggressive and condescending manner. Was unprofessional and overbearing. Ordered the complainant's passengers to exit the vehicle and walk home. Criminal Conduct initiated: Harassment Yes 20 days 16-008 Committed muitr?ple criminal acts of sexual assault against a relative who was a minor. Criminal Conduct initialed: Sexual Assault in the First Degree Sexual Assault in the Third Degree Yes Diseharged 16-013 Failed to properly supervise his subordinates at the scene of an off-duty shooting incident. ?Pursuant to the grievance process. arbitrator vacated the 10-day suspension as the arbitrator determined that there was insuf?cient evidence to support the ?ciear and convincing" standard of the imposed discipline. The arbitrator felt that the involved personnel acted accordingly when investigating the incident, and the officer provided appropriate direction to subordinates throughout the investigation. No '0 days FINAL GRIEVANCE PENDING A ARBITRATION REFERENEE BUREi?zii 0F Honolulu Ponce Department Legislative Disciplinary Report Reporting Year 2018 Reference No. Summary I Findings PAT Noti?ed Disciplinary Action Statue Ref. No. with Same Officer 16?014 Failed to properly supervise his subordinates at the scene of an off?duty shooting incident. ?Pursuant to the grievance process. arbitrator vacated the 10-day suspension as the arbitrator determined that lthere was insuf?cient evidence to support the ?clear and convincing" standard of the imposed discipline. The arbitrator felt that the Involved personnel acted accordingly when investigating the incident. and the of?cer provided appropriate direction to subordinates throughout the investigation. No ?0 days 1 74332 16-015 Failed to properly supervise his subordinates at the scene of an off-duty shooting incident. *Pursuant to the grievance process. arbitrator vacated the 10-day suspension as the arbitrator determined that there was insuf?cient evidence to support the "clear and convincing" standard of the imposed discipline. The arbitrator felt that the involved personnel acted accordingly when investigating the incident. and the officer provided appropriate direction to subordinates throughout the Investigation. No ?0 days 16-016 Failed to property investigate an off~duty shooting incident. 'Pursuant to the grievance process, arbitrator vacated the 10-day suspension as the arbitrator determined that there was insuf?cient evidence to support the ?clear and convincing" standard of the imposed discipline. The arbitrator ieit that the of?cer acted accordingly when investigating the incident. No '0 days 16?017 Failed to properiy investigate an oft-duty shooting incident. ?Pursuant to the grievance process, arbitrator vacated the 10-day suspension as the arbitrator determined that there was insuf?cient evidence to support the ?ciear and convincing" standard of the imposed discipline. The arbitrator felt that the of?cer acted accordingly when investigating the incident. No ?0 days 16?013 Failed to property investigate an oft-duty shooting incident. *Pursuent to the grievance process, arbitrator vacated the 10?day suspension as the arbitrator determined that there was insuf?cient evidence to support the "ciear and convincing" standard of the imposed discipline. The arbitrator felt that the of?cer acted accordingly when investigating the incident. No ?0 days 16-026 Sent the complainant an unwanted and harassing text message. Left a paper bag at the complainant's residence with a harassing message. Conducted personal business while on duty. Criminal Conduct Initiated: Harassment ?Unable to meet the burden of proof beyond a reasonable doubt. 5 days 16-029 Did not generate a police report for the complainant. *Pursuant to the grievance process. suspension reduced from 1 day to a Written reprimand. No ?Written Reprimand 16-030 Did not generate a police report tor the complainant. Sent an unprofessional message on his mobile data computer to another of?cer. ?Pursuant to the grievance process, suspension reduced from 3 days to 1 day. ?1 day 15-036 Failed to remain impartiai when he contacted another o?icer and told him not to attend court so that an Operating a Verhicle Under the in?uence of an Intoxicant case would be dismissed. No 10 days r: FINAL GRIEVANCE PENDING A Honolulu Ponce Department Legislative Disciplinary Report Reporting Year 2018 Reference No. Summary] Findings PAT Notified Disciplinary Action Status Ref. No. with Same Of?cer 16-037 Failed to remain impartial during a Motor Vehicle Coilisron investigation. Mlsolassr?ed a Motor Vehicle Collision report and failed to indicate that it was alcohol related. 'Pursuant to the grievance process, su5pension reduced from 3 days to 1 day. No *1 day 16-040 Slapped and kicked his during an argument. Criminal Conduct initiated: Abuse of Family or Household Members *Pursuant to the grievance meess, arbitrator vacated the discharge and imposed a 20?day suspension. Yes ?20 days 1&041 Was involved in a verbal and physical altercation with the complainant alter a motor vehicle collision. Was disrespectful toward a superior of?cer. Criminal Conduct Initiated: Assault in the Third Degree Cn?minal Property Damage in the Second Degree Terroristic Threatening in the Second Degree Unauthorized Entry into Motor Vehicle in the First Degree *Pursuant to the grievance process, of?cer restgned in lieu of discharge. Yes *Resigned 16-044 Concealed items and exited a store without paying for them on two separate occasions. Criminal Conduct initiated Theft in the Fourth Degree 'Complainant did not want to prosecute. Discharged 17-020 16-046 While off duty. collided into a center median guardrail. Did not stop, and failed to inform police dispatch. Operated his subsidized vehicle while under the in?uence of an intoxicant. Was untruthful during the investigation. Was not in possession of his driver's license. Refused to submit to a breath. blood. or urine test. Criminal Conduct initiated: Operating a Vehicle Under the Influence of an intoxicant *Pursuant to the grievance process. of?cer retired in lieu of discharge. Yes *Rellred 17?003 16-048 Failed to immediately investigate a motor vehicle collision involving another of?cer. Failed to remain impartial when the of?cer had a strong odor of an alcoholic beverage on his breath and displayed signs of impairment. instructed another of?cer to transport the impaired of?cer home without approval from a supervisor. ND 10 days 18?049 Was involved in a physical altercation with his ex-wife. causing numerous injuries. The incident occurred in the presence of a minor less than 14 years of age. Criminal Conduct initiated: Abuse of Family or Household Members ?Pursuant to the grievance process, arbitrator vacated the discharge and imposed a 6-month suspension. Yes *6 months FINAL GRIEVANCE A ARBITRATION Honolulu Ponce Department Legislative Disciplinary Report Reporting Year 2018 Reference No. Summary I Findings PAT Noti?ed Disciplinary Action Status Ref. No. with Same Of?cer 16-052 While off duty. rear-ended another vehicle and caused damage and bodily injury. Felted to stop and render aid or report the incident. Operated his vehicle while under the in?uence of an intoxicant. Refused to submit to a breath, blood, or urine test and a mandatory blood draw. Criminal Conduct initiated: Fled Scene - Accidents Involving Bodily Injury Operating a Vehicle Under the In?uence of an lntoxicant *Pursuant to the grievance process. discharge reduced to 1-year suspension. Yes ?1 year 17-002 Posted an unprofessional and offensive caption on social media. No 1 day 17-003 Admitted to being the driver of a vehicte that was operating in a hazardous manner on a public roadway. Operated a vehicle with a revoked driver's license. ?Unable to meet the burden of proof beyond a reasonable doubt. ?No Discharged 16-046 17-005 As a supenrisor. retaliated against a subordinate of?cer by speaking to the subordinate officer in an unprofessional manner. No 1 day 1 7-006 Tested positive during a mandatory drug urinalysis test. No Discharged 17-010 Failed to stop and report being involved in a motor vehicle collision with his subsidized vehicle. Operated a vehicte while under the In?uence of an intoxicant. Was untruthful and provided contradictory statements during the investigation. Was untruthful and left his assignment without authorization or without being properly relieved to attend a family gathering. Consumed alcoholic beverages at the gathering white still on duty. Falsi?ed information on the Daily Attendance Report. Criminal Conduct Initiated: Accidents Involving Damage to Vehicle or Property Operating a Vehicle While Under the In?uence of an lntoxicant "Pursuant to the grievance process. discharge reduced to 10-month suspension. Yes ?10 months 17-015 Failed to document or articutate in a police report the reasons why an individuat was handcuffed and detained in a police vehicle for 15 minutes and then released without arrest. ?Pursuant to the grievance process. suspension reduced from 1 day to a written reprimand. No ?Written Reprimand 17-016 Falled to document or articulate in a police report the reasons why an individual was handcuffed and detained in a police vehicle for 15 minutes and then released without an?est. ?Pursuant to the grievance process. suspension reduced from 1 day to a written reprimand. No ?Written Reprirnand 17-019 As a cover officer, violated policy by entering a residence without permission or a search warrant. *Pursuant to the grievance process. suspension reduced from 1 day to a written reprimand. No ?Wn?tten Reprimand 1 7?020 Tested positive during a mandatory drug urinalysis test. No Dismarged 16-044 17-022 As a supenrisor, sent an e-rnait that contained material of a sexual nature to a subordinate female of?cer. ?Pursuant to the grievance process, suspenslon reduced from 5 days to 3 days. No ?3 days FINAL GRIEVANCE PENDING A ARBITRATION Honolulu Ponce Department Legislative Disciplinary Report Reporting Year 2018 PAT Ref. No. with Reference No. Summary I Findings Noti?ed Disciplinary Action Status Same Officer I 17?025 Did not property investigate a trespassing Incident. Released the suspect prior to meeting the complainant No 'Written Reprimand and obtaining all the facts of the incident resulting in a failure to issue a trespass warning to the suspect. ?Pursuant to the grievance process. suspension reduced from 1 day to a written reprimand. 17-027 Failed to notify dispatch or enter into his mobile data computer his attempt to conduct a traf?c stop. Failed to No 1 day rinitiate 3 Motor Vehicle Collision report or any other appropriate police report.- 17-028 Failed to notify dispatch or enter into his mobile data computer his attempt to conduct a traf?c stop. Failed to No 1 day declare a pursuit pursuant to departmental policy. Failed to provide dispatch with information about the pursuit and did not assess the risks involved. Failed to initiate a Motor Vehicle Collision report or any other appropriate police report. 17-031 Was unprofessional and made inappropriate comments when posting a video on social media. No ?3 days 18-016 'Pursuant to the grievance process. suspension reduced from 5 days to 3 days. 17~032 Operated a subsidized vehicle while under the in?uence of an intoxicant and got Into a motor vehicle collision. Yes 'Discharged 16?014 Made statements to investigators at the scene of the motor vehicle collision and throughout the subsequent investigation. Criminal Conduct initiated: Operating a Vehicle Under the Influence of an Intoxrcant lnattention to Driving 17-033 As a supervisor. failed to lead and direct a thorough investigation at the scene of a motor vehicle collision No 10 days A involving an HPD of?cer. Failed to recognize the event as one that required supervisor presence and failed to iimmediately initiate the departmental noti?cation procedure. 17-034 lAs a supervisor. failed to lead and direct a thorough investigation at the scene of a motor vehicle collision No 20 days A involving an HPD of?cer. Failed to remain impartial and did not conduct a thorough investigation. Failed to have evidence located. preserved, or recovered at the scene. Failed to provide the Traf?c Division with accurate . information about injuries to the officer involved in the motor vehicle collision at the scene. Failed to ensure that proper and thorough investigative reports were completed. 17-035 Failed to remain impartial and did not conduct a thorough investigation of a motor vehicle collision involving an No 10 days A HPD officer. Provrded contradictory statements and reports. Failed to have evidence located. preserved. or recovered at the scene. Failed to provide a supervisorwilh information about injuries to the of?cer Involved in the motor vehicle collision at the scene. 17-036 Failed to remain impartial and did not conduct a thorough investigation of a motor vehicle collision involving an No 10 days A HPD officer. Provided contradictory statements and reports. Failed to have evidence located, preserved. or recovered at the scene. Failed to provide a supervisor with information about injuries to the of?cer involved in the motor vehicle collision at the scene. 17-037 Used unprofessional language and conduct toward a superior of?cer. Raised his voice and used unprofessional No '1 day rlanguage, which included profanity. implied threats of violence. and expressions of insubordination. ?Pursuant to the grievance process, suspension reduced from 3 days to 1 day. 17-038 Provided police reports of active investigations to an attorney without authorization and in violation of No 5 days departmental policy. FINAL GRIEVANCE PENDING A ARBITRATION Honolulu Police Department Legislative Disciplinary Report Reporting Year 2018 Reference No. Summary I Findings PAT Notified Disciplinary Action Status Ref. No. with Same Of?cer 17-039 White off duty. went to an event while athred in his police uniform and driving a police vehicle in violation of departmental policy. Was unprofessional when interacting with a former famiiy member who also attended the event 'Pursuant to the grievance process, suspension reduced from 5 days to 3 days. No '3 days 17-040 Failed to conduct a complete investigation. failed to submit a police report, and acted unprofessionally toward the victim. No 2 days 17-044 Used profanity and unprofessional language when interacting with a supervisor. Made derogatory and unprofessional comments about several other supervisors. Called a suspect and made misleading statements tabout the Honolulu Police Department. No 3 days 17?045 Following a traf?c incident. requested and obtained an address using resources available for law enforcemnt purposes and shared the address with unauthorized persons in violation of departmental policy. No 5 days 17-045 Recovered drugs and drug paraphernalia and failed to generate a police report or submit the items into evidence. Did not conduct a thorough investigation. Was andlor falsi?ed and omitted information in his submitted reports. Criminal Conduct Initiated: Theft in the Fourth Degree ?Pursuant to the grievance process, discharge reduced to Gooey suspension. Yes ?60 days 18?001 Did not take reasonable safety precautions when reloading his ?rearm. Failed to property preserve evidence. No 1 day 18-002 Failed to report and document an incident of sexuai harassment. 'Pursuant to the grievance process. Civil Service Commission (CSC) vacated the 5?day suspension as there was insuf?cient evidence to support the allegations. The CSC determined that the of?cer?s explanation regarding his actions and decisions was credible. The of?cer noti?ed his supervisors about the sexual harassment incident. and he was not informed about resoiving the situation in a different manner. *0 days 18-003 intentionally damaged the property of another without permission. Failed to report a change of home address as required by policy. Criminal Conduct initiated: Criminal Property Damage in the Third Degree Yes 10 days 18-004 Conducted personal business by engaging in sexual activrty while on duty and under the outer of police authority. Criminai Conduct initiated: Sexual Assauit in the Second Degree Sexual Assault in the Fourth Degree Yes Discharged 18-005 Drove at an unreasonable speed and disregarded potentiai hazards and roadway conditions. Did not yield to pedestrians in the crosswalk. Was unprofessional when confronted and argued with responding of?cer. No 1 day 18-006 Operated a subsidized vehicle while under the in?uence of an intoxicant and rear-ended another vehicle. Criminal Conduct initiated: Operating a Vehicle Under the In?uence of an lntoxicant Yes Discharged FINAL GRIEVANCE PENDING A ARBITRATION Honolulu Ponce Department Legislative Disciplinary Report Reporting Year 2018 Reference NO. Summary I Findings PAT Noti?ed Disciplinary Action Statue Ref. No. with Same Of?cer 18-007 Made comments which violated the department's sexual harassment policy. 1 day 18-008 Operated a personal vehicle under the in?uence of an inioxicant while off duty. Collided with a traf?c light post and a bus stOp shelter. Refused to submit for testing for a measurable amount of alcohol as required bylaw. Criminal Conduct initiated: Operating a Vehicle Under the in?uence of an tntoxicant Refusat to Submit to Testing for Measurable Amount of Alcohol ?Pursuant to the grievance process. arbitrator vacated the discharge and imposed a 6-month suspension. Yes *6 Months 18.099 Made inappropriate and offensive comments. which violated the department's sexual harrassment policy. No 3 days 184110 Acied in an unprofessional and discourieous manner during a traf?c stop. No 1 day 184111 Was involved in multiple motor vehicle collisions within a 12-month period. No 1 day 18?012 Operated a subsidized vehicle in a reckless manner. Failed to anive at a special duty assignment in a timely manner and did not enter accurate information into the special duty system. No 60 days 18-013 Provided tampered sample that would give a false test result. Tested positive during a mandatory unnatysis test. No 20 days 18-014 Diapiayed inappropriate conduct in the presence of a subordinate ofTicer. No 1 day 18-015 Operated a personal vehicle under the in?uence of an intoxicant while off duty. Was involved in a motor vehicle collision and fled the scene of the collision. Criminal Conduct Initiated: Operating a Vehicle Under the in?uence of an lnioxicant Yes Discharged 18-016 Was involved in a physical and verbal altercation with another of?cer. Ctiminai Conduct initiated: Harassment Yes 5 days 17-031 18-01? White off duty, arrived at the scene of a tra?ic stop and drove the motorist away from scene prior to the motorist being arrested for Operating a Vehicle Under the in?uence of an lntoxicant. No 5 days 18?018 During an argument, told a family member that they would be punched. Failed to follow proper procedures when serving a court order. Criminal Conduct initiated: Terroristic Threatening in the First Degree Terroristic Threatening in the Second Degree False Swearing Yes 1 day 18-019 Used unreasonable force while effecting an arrest. Criminal Conduct Initiated: Assault in the Second Degree Yes 1 day r: FINAL PENDING A ARBITRATION Honolulu Ponce Department Legislative Disciplinary Report Reporting Year 2018 PAT Ref. No. with Reference No. Summary] Findings Noti?ed Disciplinary Action Status Same Of?cer 13?020 Accessed oon?dentiai information for personal use. ?nk and damaged property belonging to another of?cer. Yes 1 day Criminal Conduct Initiated: Abuse of Family or Household Members Harassment Unauthorized Computer Access in the Second Degree Unauthorized Entry into Motor Vehicle in the First Degree 18-021 Conducted himself in an unprofessional manner during a transaction at a ?nanciat institution. Yes 5 days Criminal Conduct Initiated: Harassment Standard of Conduct Malicious Use of 0 0 Physical Force Mistreatment of Prisoners Use of Drugs and Narcotics 0 0 Cowardice Suspended Discharged FINAL GRIEVANCE PENDING A ARBITRATION