Drive to do job He has been in high-speed chases, been shot at and once pulled a child out of a burning car.
was cop’s flaw,
lawyer says
James Kawakami receives
five years' probation for theftBy Debra Barayuga
Star-BulletinA dedicated cop. Kind. Caring. Humble. Police officer of the year in 1987.
That is the individual that emerges in retired Detective James Kawakami's file -- more than an inch thick.
The file includes over 100 commendations received throughout his 29-year career with the Honolulu Police Department and letters of support from individuals he has arrested, crime victims, public defenders, members of the community and other law enforcement personnel.
But his flaw, according to his attorney Scott Collins, was his drive to get the job done.
"He wanted to be a good cop and couldn't say no."
Circuit Judge Richard Perkins sentenced Kawakami, 54, yesterday to five years' probation for first- and second-degree theft stemming from unauthorized extraditions he performed for Hawaii County. First- and second-degree theft are felonies punishable by 10 years and five years, respectively.
Kawakami was ordered to perform 200 hours of community service and pay restitution of $41,004. The amount includes $29,713 worth of per-diem checks and airline coupons he was not entitled to and $11,290 for the time HPD paid him while he performed the extraditions.
Perkins also granted Kawakami's request to defer his conviction so that it would be wiped from his record after he completes probation.
Deputy Attorney General Chris Young had opposed a deferral of Kawakami's guilty plea, arguing that the conduct he was charged with occurred repeatedly over a six-year period. "Having the conviction remain on his record is an important deterrent to others," he said.
Young also did not believe Kawakami fully appreciated the wrongfulness of his conduct.
Collins argued that this is not a case where the extraditions were not performed and Kawakami stole the money. Kawakami cut corners, but it was only because many times, no one was available to accompany him at the last minute and he could not say no, he said.
"He's from the old school: Cut through the red tape and get the job done," Collins said.
Also, Kawakami did not neglect his duties, nor did his work with HPD suffer as a result of his work for Hawaii County. And given the number of extraditions he performed, no one got hurt, and none of the fugitives escaped or tried to escape, Collins said.
While the state does not dispute that Kawakami was an excellent officer and good person, his actions constituted "simple theft," Young said.
Kawakami performed 187 extraditions for the county between October 1994 and June 2000 while on the clock with HPD and without his employer's knowledge and consent.
He performed 70 extraditions by himself, including eight that involved female fugitives. Kawakami admitted on several occasions he kept airline coupons and per-diem checks for the second officer who was supposed to travel with him as required on these trips.
On seven occasions either his two sons -- one who was a police officer -- and his wife accompanied him on the trips.
Kawakami also took vacation when he performed the mainland extraditions, apparently so his supervisors would not question his three- or four-day absence, Young said.
"I cannot believe this is a case of an officer with 29 years who just forgets rules and regulations to do extraditions out of the pure goodness of his heart," he said.
"Being a zealous cop, I think he lost perspective," Collins argued. "His entire career and character should not be put on a shelf because of this incident."
As his family, friends and current and retired policemen looked on, Kawakami said: "Your honor, in my heart -- it's very hurt, very sorry, this has happened. As a man, I fully take responsibility for what has occurred."