Man denies provoking shooting by officer


POSTED: Thursday, April 02, 2009

The 25-year-old man who was shot by an off-duty police sergeant said he does not recall laying a hand on him.

“;I remember him sticking the gun into my belly and pulling the trigger and flying back,”; said Kiha Silva, interviewed by phone from the Queen's Medical Center, where he is recovering from gunshot wounds.

Police Maj. Frank Fujii said Silva launched an unprovoked attack on the officer at 5 a.m. Sunday at the Makaha 7-Eleven, punching him in the face and threatening to kill him. Just as the officer was about to black out, he reached for his handgun and shot Silva.

The officer was taken to a hospital, where he was treated for facial bruises and a concussion, then released, Fujii said.

“;I never said nothing about killing (him),”; Silva said, noting he was going to go into the store to buy cigarettes but never made it inside.

According to Silva, the sergeant, not in uniform, was seated in his car and opened his door in front of Silva just as he was walking by the car.

“;I said, 'What is your problem?'”; Silva said. “;I raise my hand like I was going for whack him.”; He said the sergeant raised his hand in response.

“;He was pulling me into his car,”; Silva said. “;I told him, 'Let me go.' He let go my arms and grab(bed) his gun.”;

Silva said the officer shot him twice in the stomach, causing him to fall back, and as he lay on the ground, the sergeant shot him again in the stomach. “;I said, 'Nough.'”;

He then got up and, while running to his car, was shot in the buttocks.

Only then, Silva said, did the shooter identify himself as a police officer.

The 25-year-old said he was struck on both sides of his hips and once through the middle of his abdomen.

He was reported in satisfactory condition.

The sergeant, a 21-year veteran assigned to the Kalihi station, was placed on administrative leave as is routine when an officer discharges his weapon. The HPD Internal Affairs Division is investigating the matter, Fujii said.

Fujii said the sergeant was on his way to work, had gone into the store, bought a cup of coffee and had just gotten into his car when the alleged attack occurred.

Fujii said he had no information on whether the officer identified himself or any events that might have precipitated the incident.

Silva said he never suspected from the man's actions that he was a police officer.