sEALED

3Y ORDER OF THE COURT
KENЛ M.PRICE#10523

ERIC S. DREIBAND
Assistant Attorney General
Civil Rights Division
U.S. Department of Justice

United States Attomcy
District ofHawali

CRAIG S.NOLAN
Assistant U.S Attomcy
Room 6-100, PJKK Federal
300 Ala Moana Boulevard
Honolulu, Hawaii 96850
Telephone: (808) 541-2850
Facsimile: (808) 541-2958
Email : Craig.Nolan@usdoj.gov

CHRISTOPI{ERJ. PERRAS
Special Litigation Counsel
THOMAS A. JOHNSON

Bldg.

Trial Attomey
950 Pennsylvania Avenue, NW
Washington, DC 20530
Telephone: Q02) 307 -6962
Facsimile; (202) 5 14-6588
Email : Christopher.Perras@usdoj.gov
1fi 6ry1s5. J6hn son@usdoj.gov

則
顆 鶉 ν

Attomeys for Plaintiff

T

llNITED STATES OF ANERICA
IN]匪 E

UNITED STA‐ S

DISコMC

FOR THE DIS■ uCT oF HAW

uNrrEDSrArESoFAMERrcA,

)

cR.No.

cnz0- 0004a Lgr

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) InlDICTⅣ E31ゞ T

Plainti範

)

vs.

)[18U.S.C.§ 242,371,and

JASON TACJALOA,
CRAIG PInl― Y,and
JONA口 比姐N TAIJM,

)

(01))
(02))
(03))

Defclldants.

)

)

)

IIDICTル EW
The Grand Jury charges:

1519]

 ・ ﹁ ・´

General Allegations

At all times relevant to this Indictrnent:

l.

in

The Hawaii Commwrity Correctional Center ("HCCC"), located

Hilo, Hawaii, was a state jail operated by the Hawaii Deparfinent of Public Safety

("DPS"). Located on the jail facility's grounds were the Waianuenue recreation
yard (the "Rec Yard") and the Punahele housing complex.

2.

JASONTAGALOA, CRAIGPINKNEY, and JONATIIANTAUM,

the defendants, and Officer A, an individual known to the Grand Jury and not
charged in this Indictnent (collectively, the "Officers"), were employed by DPS
and worked as Adult Correctional OfEcers at HCCC.

3.

JONATIIAN TAUM held the rank of Sergeant at HCCC and served

as a supervisory

4.

Adult Correctional OfEcer.

Inmate 1, an individual known to the Grand Jury, was an inmate

housed at HCCC.

5.

Internal Aftairs was an investigative and administrative branch

DPS responsible for investigating violations of policy or law by employees

of
of

HCCC and DPS.

6.

During an investigation by Intemal Affairs, investigators could

require employees involved in or wibress to potential violations of policy or law to
complete Intemal Aflairs Questionnaires relating to the potential violations.

 7.

The Federal Bureau oflnvestigation hadjurisdiction to investigate

civil rights violations.
Count I
Deprivation of Rights under Color of Law
(18 U.S.C. $$ 2a2 and 2)

8.

On or about June 15,2015, within the District of Hawaii, JASON

TAGALOA, CRAIG PINKNEY, and JONATTIAN TAUM, the defendants, and
Officer A,. while acting under color of law and while aiding and abetting one
another,

willfirlly deprived lnmate I of the right,

secured and protected by the

Constitution and laws of the United States, to be free from cruel and unusual
punishment. Specifically, TAGALOA, PINKNEY, TAUM, and OfficerA
physically assaulted Inmate
protect krmate

I

in the HCCC's Rec Yard, and failed to intervene to

I from being assaulted,

despite having had the opportunity to do so.

This offense resulted in bodily injury to Inmate

I

and involved the use

of

dangerous weapons (shod feet).

All in violation of Title

18, United States Code, Sections 242 and'2.

Count 2
Deprivation of Rights under Color of Law
(18 U.S.C. $ 242)

9.

On or about June 15, 2015, within the District of Hawaii, JASON

TAGALOA, the defendant, while acting under color of law, willflrlly deprived
Inmate 1 of the right, secured and protected by the Constitution and laws of the

 United States, to be free from cruel and tutusual punishment. Specifically,

TAGALOA physically assaulted Inmate 1 in the F7 holding cell of HCCC's
Punahele complex. This offense resulted in bodily injury to Inmate

All in violation of Title

1.

18, United States Code, Section242.

Count 3
Conspiracy to Obstruct Justice
(18 u.s.c. $ 371)

10. On or about and between June 15,2015 and December 20,20l6,both
dates being approximate and inclusive, within the District of Hawaii, JASON

TAGALOA, CRAIG PINKNEY, JONATIIAN TAtlM, the defendants, and
Officer A knowingly and willfully combined, conspired, and agreed with one
another and with other correctional officers known and unknown to the Grand Jury

to commit the following offenses against the United States:

d.

To knowingly falsifr, conceal, cover up, or make a false entry

in a record or document with ttre intent to impede, obstruct, or influence the
investigation or proper administration of a matter within federal jurisdiction, or in
relation to or in contemplation of such a matter, in violation of 18 U'S.C. $ 1519;
and

b.

To knowingly engage in misleading conduct toward another

person with the intent to hinder, delay, or prevent the communication to a federal

4

 law enforcement officer or judge of truthful information relating to the commission
or possible commission of a federal offense, in violation of 18 U.S.C. S 1512(bX3).

Manner and Means of the Conspiracy

11.

TAGALOA, PINKNEY, TAIIM, and Officer A intended to cover up

the assault on lnmate

I

charged in Cormt

I

of this Indictrnent, and to obstruct any

investigation arising out ofthat assault, by engaging in

a

variety ofobstructive acts,

including devising a false cover story to explain and justify their use ofexcessive
force, documenting that false cover story in official reports, and repeating that false
cover story when questioned during investigations or disciplinary proceedings

arising out of the assault.
Overt Acts Committed in Furtherance of the Conspiracv

12.

In furtherance of the conspiracy and to effect the objects thereof,

TAGALOA, PINKNEY, TAIJM, and Officer A committed the following overt
acts, among others, within the District of Hawaii:

a.

After the assault charged in Count 1 of this Indictrnent,

TAGAIOA, PINKNEY, TAUM, and Officer A met to discuss what information to
include in, and what ffiormation to omit from, the Incident Report ("IR") and Use
of Force Report

b.

('UFR')

completed by each of the Of[rcers;

Before the end of their shifts, the Officers wrote and submitted

the false and misleading IRs and IIFRs charged in Counts 4-6 of this Indictrnent;

 c.

After leaming that an intemal investigation had been or soon

would be opened to investigate the assault on Inmate 1 charged in Count

I

of this

Indictrnent, TAUM invited TAGALOA, PINKNEY, and Officer A to his house so
that the Officers could devise ways in which to explain and justify their use
excessive force against Inmate

d.

I in the Waianuenue Rec Yard;

In advance of that meeting, TAUM obtained a copy of HCCC

surveillance video of the assault on Inmate

e.

of

l;

At that meeting, TAGALOA, PINKNEY, TAUM, and Officer

A watched video of the assault and devised and

agreed upon ways in which to

explain and justify their use of excessive force against Inmate 1. For example, in
order to explain andjustify their use ofuntrained strikes, such as kicking and

punching Inmate

I in the face, head,

and body, the Officers agreed to state that

Inmate I was not subdued by rained stikes;

f.

When the Officers received their Intemal Afflairs

Questionnaires, they discussed with one another ways in which to apply their false

cover story to specific questions posed to them;

g.

TAGALOA and OfEcer A wrote and submitted Intemal Aflairs

Questionnaires in which they continued to stick to the false cover story they had
discussed during the meeting at the house of

6

TAIIM

and at other times; and

 h.

During the ensuing disciplinary proceedings, TAGAIOA and

Officer A testified and continued to stick to the false cover story they had discussed
during the meeting at the house of TAUM and at other times.

All in violation of Tifle

18, United States Code, Section 371.

Count 4
Obstruction by False Report
(18 U.S.C. $ rsle)

13.

On or about June 15,2015, within the District of Hawaii, JASON

TAGALOA, the defendant, acting in relation to and in contemplation of a matter
within the jurisdiction of the United States, knowingly falsified, concealed,
covered up, and made a false entry in a record and document with the intent to

impede, obstruct, and influence the investigation and proper administration of that

matter. Specifically, TAGALOA wrote, signed, and submitted an IR and a UFR
documenting a false cover story intended to cover up the assaults charged in Count

I

and2 of this Indictrent. In the IR, TAGALOA wrote, in pertinent part, that the

Officers used "brachial stuns and brachial plex[u]s tie in strikes to gain compliance
so inmate could be

restrain[e]d." In the UFR, in response to the prompt, "Describe

in Detail Force Used (the type and amount)," TAGAIOA wrote, "Reactive [u]se

of force [was used] to gain controVcompliance." Those reports were false and
misleading because, as TAGALOA then well knew, (1) the Officers did not

perform "brachial stuns and brachial plex[u]s tie in strikes," which are use-of-force

 techniques taught at HCCC, but rather kicked and kneed Inmate 1, punched him in

the face, and used hammer-fist strikes to the back of his head; (2) the Officers, at
various points during the incident, used force against Inmate

1

that was not

"reactive" (because Inmate I was not resisting) and was not used "to gatn
conhoUcompliance" (because Inmate I had already been subdued); (3)

TAGAIOA

omitted from both reports that for several minutes, during much of which the

Officers held Inmate I pinned face-down on the ground of the Rec Yard,

TAGALOA, PINKNEY, TAUM, and Officer A punched, kneed and kicked
Inmate

1

in the face, head, and body dozens of times; and (4) TAGALOA omitted

from both reports that he physically assaulted Tnmate 1 in the F7 holding cell, as
charged in Count 2 of this Indictment.

Atl in violation of Title

18, United States Code, Section 1519'

Count 5
Obstruction by False Report

(r8 u.s.c. $ 151e)

14.

On or about June 15, 2015, within the District of Hawaii, CRAIG

PINKNEY, the defendant, acting in relation to and in contemplation of

a matter

within the jurisdiction of the United States, knowingly falsified, concealed,
covered up, and made a false entry in a record and document with the intent to
impede, obstn:ct, and influence the investigation and proper administration of that

matter. Specifically, PINKNEY wrote, signed, and submitted a UFR documenting

 a false cover story intended to cover up the assault charged in Count

I ofthis

Indictment. [n response to the prompt, "Describe in Detail Force Used (the type
and amount)," PINKNEY wrote, "Tnma1e was removed fromthe Waianuenue

housing unit and escorted to the Punahele housing unit through the Waianuenue
rec yard. Inmate became ag[g]ressive and violent towards staff and was taken

down." That report was false and misleading because, as PINKNEY then well
knew, (1) Inmate

1

was not violent or aggressive with the Officers before they took

him to the ground; and (2) PINKNEY omitted from that report that for several
minutes, dwing much of which the Officers hsld rnmate

1

pinned face-down on the

ground of the Rec Yard, TAGALOA, PINKNEY, TAI-IM, and Officer A punched
kneed, and kicked krmate 1 in the face, head, and body dozens of times.

All ia violation of Title 18, United States Code, Section

1519.

Count 6
Obstruction by False Report
(18 U.S.C. $ 1s1e)

15.

On or about June 15,2015, within the District of Hawaii,

JONATIIAN TAUM, the defendant, acting in relation to and in contemplation of

a

matter within the jurisdiction of the United States, knowingly falsified, concealed,
covered up, and made a false entry in a record and document with the intent to
impede, obsfuct, and influence the investigation and proper administration of that

matter. TAUM wrote, signed, and submitted an IR and a IJFR documenting a false

 cover story mtcnded to cover up the assault Oharged in Count l ofthis lndicmcnt.

In hisIR TAIJM wrote,in pe■ inent part,that五 ghtbefore mate l“ was taken to

」■3 ground to be restralned,''mate l``tumed and tried to rllln back to
Waianuenue.''In his lJFR TAIJM wrote,in response to the prompt,`つ escribe the
hcident in Deta11,"that during transfer to a different cell,bmate l“ attempted to
rllll and resisted transfer[,].…

WaS taken do、vm and restrained[,]… .[andl resisted

the entire time."Ъ ose reports were false and misleading because,as TAllM then
well knew,(1)hmate l did not mm and ty to rtul before he wastaken to the
grO1lnd;o)Once hmate l was on thc grount hC resisted for abriefperlod but did
not resiゞ for`■ c entire tune"巌

0伍 ces

werc using force agalnst him;and(3)

TAllM omitted■ om both reports that for several― utes,during much ofwhich
the Ottcers held Tnmate l plllned face―

do― on

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Trial Attorneヽ

l.lnired States v. .lsso{i Tagaloa, el al.
lndictrnent

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