People allege abuses
by Big Isle cops

The two complaints say
an officer screamed and swore
and another threatened motorists

By Chris Loos
Special to the Star-Bulletin

HILO -- A police officer, using obscenities, screamed at a woman calling to report someone outside her home last week.

An off-duty officer threatened a man and a pregnant woman in a traffic incident last month.

On June 20, the Hawaii County Police Commission will consider those reports of alleged mistreatment of residents by police.

The screaming incident occurred early Wednesday when an on-duty police officer allegedly used abusive language with a woman who called police.

The woman provided police with a tape recording of a telephone conversation she had with a man who identified himself as a police officer but refused to give his name.

Police have not yet identified the officer, acting Assistant Chief Thomas Hickcox said yesterday. The Police Department is referring the case to the Police Commission, Hickcox said, adding that it is standard procedure for the commission to investigate complaints involving on-duty officers.

Sharon Scheele, commission chairwoman, said she was "shocked" at the language and tone of the man on the tape.

"I think that the important thing is to know whether it is a police officer and then to narrow down from there on who was on duty and who this might be because I think it's terrible, terrible behavior on the part of a police officer if that's what it is," Scheele said.

Last month, the commission received a complaint claiming that an off-duty officer threatened a man and a pregnant woman in a traffic dispute. The Star-Bulletin has obtained copies of written complaints filed by three witnesses and alleged victims.

Police identified the man named in the complaints as an officer assigned to the Puna district. Scheele had not yet seen the complaints but said that they would be included in packets provided to members of the Police Commission before their next meeting.

According to the documents, friends were out for a drive in two cars on Waianuenue Avenue in Hilo on May 18. A man, his wife, and their two children were in one car, followed by a friend and his pregnant girlfriend.

The Puna officer allegedly got out of the driver's side of a Jeep Cherokee driven by a woman and approached the couple in the second car, which was stopped at a red light. According to the complaints, the off-duty officer said, "Motherf---, you cut me off again, and I'll slit your throats."

The couple and the family then drove to Kamehameha Avenue and stopped to discuss the encounter. The Puna officer allegedly followed them, got out of the Jeep, and threatened and pushed the husband and wife.

According to the complaints, an on-duty police officer stopped the husband shortly thereafter for "burning rubber" while allegedly trying to get away from the off-duty officer.

Both couples filed official complaints with the Police Commission three days later.

The Police Commission receives one to five citizen complaints a month, Scheele said. After reviewing them, the commission refers the ones that appear to have merit to an investigator who interviews the officer, the citizen filing the complaint and any witnesses. The investigator then makes a written report to the Police Commission.

"If it is something that is criminal, then the Police Department handles that," Scheele said.

Several Big Island police officers have gone to court on criminal charges in recent years. The biggest case involved Sgt. Kenneth Mathison, who was convicted in 1995 for the 1992 kidnapping and murder of his wife, Yvonne. The Hawaii Supreme Court upheld Mathison's conviction last month.

Highly publicized incidents about the misconduct of a few officers tarnish the image of the majority of hard-working officers who do their jobs properly, Scheele said.

"I think that in general, for the most part, the police officers work very, very hard to do their jobs properly. I think that maybe sometimes under certain stressful situations they maybe make a mistake," she said.

"We all make mistakes. But I think for the most part they're all very, very dedicated people and I don't think that there's anybody that I know of that's out there that's just trying to get somebody."

The commission will hold its meeting at 10 a.m. June 20 at the Keaau public and school library.

Recorded call: Woman,
officer argue on phone

Transcript of a conversation between a police officer and a woman trying to report to police that someone was outside her home:

Woman: I'm speaking to an officer?
Officer: Yes.
Woman: I'd like to know who you are.
Officer: Yes.
Woman: You said, "We have been helping you"?
Officer: What?
Woman: You said to me, "We have been helping you"?
Officer: Yes.
Woman: Who are you please?
Officer: The police. We've been helping you.
Woman: And I don't have the right to know who I'm talking to?
Officer: No. What seems to be the problem, Laurie?
Woman: What seems to be the problem is how do I know you're a police officer?
Officer: OK. We, we, we went, you said earlier ...
Woman: I called 911 and I asked for the police to come find out if my husband is outside, and if you don't want to respond to that call, that's fine. I understand.
Officer: We were. We responded to you today, all day.
Woman: And, and ...
Officer: And we talked to you and ...
Woman: And you're telling me you're not gonna ...
Officer: And you told us you thought he was at the house, you thought this, you thought that. We have other crimes out here.
Woman: No, I didn't tell you anything of the kind today.
Officer: Yes, you did.
Woman: No, today I told you he took a motorcycle from (identifies person) house. And then I came home ...
Officer: And then we investigated it.
Woman: And then I came home and I called 911 'cause somebody was outside walking around the house and I think it was him. And apparently, not only do you not care, I don't even know who you are that doesn't care.
Officer: That's right, he wasn't there. And you also said he was at the house and he wasn't at your house.
Woman: When did I tell you that he was at the house.
Officer (yelling): I don't give a s--. We're sick and tired of your s--. You understand me? We're simply sick and motherf--- tired of you. Now grow up and get to f--- bed.

Criminal cases against
Big Isle police officers

Actions involving criminal cases and Big Island police officers:

CONVICTED

1997: Officer Joseph Botelho Jr. pleads no contest to assaulting a suspect by choking him in 1994. Sentence: $250 fine, 250 hours community service. Status: On the force.

1996: Officer Manuel Fragiao convicted of misdemeanor assault for improperly using pepper spray on a longtime adversary in 1994. Sentence: Suspended 30-days in jail, one year probation, 200 hours community service, psychological counseling. Status: On the force.

1995: Sgt. Kenneth Mathison convicted of kidnapping and murdering his wife Yvonne in 1992. Sentence: Life plus 20 years in prison with possibility of parole. Status: Off the force.

1994: Officer Michael Moniz Jr. pleads no contest to third-degree assault for an off-duty bar fight in 1993. Sentence: Six months probation, $100 fine, 180 hours community service. Status: On the force.

1994: Wilfred Takabayashi convicted of criminal trespass and third-degree assault for breaking into the home of his estranged wife's lover in 1993 and beating him up. Sentence: Eight days jail, one year probation, 250 hours community service. Status: Out on leave, but employed by the force after an arbitrator ordered him reinstated to his job in 1996.

CLEARED

1996: Officer John Rodrigues Jr. is acquitted of assaulting a teen-age boy during and after an arrest in 1994. Status: On the force.

1994: Officer Mitchell Kanehailua Jr. is acquitted of criminal assault charges stemming from a 1993 fight outside a Hilo bar. Status: On the force.




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