Ex-officer’s plea change
derails jail food theft trial

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By Debra Barayuga
dbarayuga@starbulletin.com

Retired Honolulu police Maj. Jeffrey Owens has admitted that on two occasions he allowed about $700 worth of beef and turkey purchased for arrested people to be consumed by officers under his command at the main station's Central Receiving Division.

But he contends it was a management issue and does not believe he did anything criminal. He said the benefits to the community -- reduction in complaints against officers, savings in excessive overtime and improved performance levels -- far outweighed the loss.

Two days before he was to go to trial on a charge of second-degree theft for allowing officers to eat food that had been purchased for prisoners, Owens, 52, pleaded no contest yesterday, saying it was "the right thing to do."

"I hid nothing and never denied that I allowed officers under my command to have a limited amount of food in efforts to improve morale and performance," Owens told Circuit Judge Karl Sakamoto. "I believed at the time it was within my discretion, that my superiors were aware of and approved of my actions, and that the costs incurred were a reasonable investment of resources under my authority."

The statements were the first Owens, a 30-year department veteran, has made publicly about the charge against him since he and former Assistant Chief Rafael Fajardo were arraigned. The two, indicted in August 2001, are the highest-ranking Honolulu police officials to face criminal charges.

The investigation alleged that under their command, expensive meats such as beef rib eye, top sirloin steak, rack of lamb and breakfast items were purchased using funds designated for prisoners, but were fed to police officers and higher-ups instead.

Owens said prosecutors never alleged he profited personally from the scheme nor that he provided elaborate meals for high-ranking officers. The allegations of rack of lamb and rib-eye steaks being purchased occurred long before he was assigned to the Central Receiving Division, he said.

While he was in command from November 1997 to 2000, Owens said officers would occasionally have coffee or sandwiches, which he also consumed. He said the practice goes back to the 1970s when he was a patrol officer and that no one ever questioned it.

Owens said he allowed some beef that had been purchased by the department to be used at a potluck barbecue for officers with the understanding that they would also bring in some food. A few months later, during the holidays, he also allowed turkey to be fed to officers.

But if Owens had discretion to purchase food for officers, there would be no reason to have the cooks order the food under the guise of "food for prisoners," said Deputy Prosecutor Randal Lee.

Also, if Owens had the approval of his superiors, he could have told them that he had discretion and that the food was going to the officers, Lee said.

"That is the crime -- when you lie and you abuse your discretion and abuse the trust that's entrusted a city official and you steal taxpayers' money," Lee said. "That's wrong."

Arrested detainees were only fed sandwiches or "airline-type" meals that required heating only.

If Owens were sincere about saving taxpayers' money, he should not have even asked to have taxpayers pay for his attorney's fees, Lee said. The Honolulu Police Commission granted Owens' request for legal fees but denied a similar request by co-defendant Fajardo, who has appealed the denial to the Circuit Court.

Lee said he is troubled by Owens' characterization of the case as a "mismanagement problem."

"This is not a mismanagement problem when you lie about the justification to make the purchases."

Owens did profit personally by obtaining positive reviews of his command by officers under him and by his superiors who promoted him, Lee said.

Owens said he agonized and prayed over whether to change his plea. Although he felt he had a strong case, he decided to plead no contest because of the incredible expense to taxpayers, to his family and the damage to the law enforcement profession, he said.

Stepping down from a career he had devoted his life to is one of the most, if not the most, painful event in his life, Owens said, his eyes tearing.

Now retired, Owens is working as a consultant to businesses on workplace violence, communications and leadership skills.

Owens is the last of four defendants charged in connection with the police food scam to plead no contest or guilty to theft charges.

He has requested a deferral of his sentence, which will enable him to wipe the conviction off his record after he serves a period similar to probation. A hearing on the request is set for June 24.

Darwin Ching, Owens' attorney, said they will also ask that the term of the deferral be reduced to one year from five since he is not likely to commit any more crimes.