City investigator
in ammo incident
claims retaliation
An investigator with the city Prosecutor's Office who is under investigation himself for allegedly keeping 40,000 rounds of city-owned ammunition in his garage says he was ordered to do so seven years ago.
In a lawsuit filed yesterday, Craig Whang alleges misconduct and retaliation by city Prosecutor Peter Carlisle, First Deputy Iwalani White, Chief Investigator Robert K.W. Lee, the City & County of Honolulu, and the city Department of the Prosecuting Attorney, all named as defendants.
The lawsuit comes after the Prosecutor's Office recovered $16,000 worth of ammunition, guns, bulletproof vests, and other equipment from Whang's garage in Mililani Mauka on Dec. 22.
In the lawsuit, Whang's attorney, Michael Green, contends that in 1997, Lee "specifically asked" Whang to store "ammunition that had been previously kept at the department in the plaintiff's (Whang's) garage because defendant Lee had expressed concerns about possible OSHA (Occupational Safety and Health Administration) violations and building violations."
Whang interpreted Lee's request "as an order, and complied," the suit says.
Whang's suit alleges "department personnel knew for years that plaintiff was bringing ammunition from his home to the firing range for training" but "no one from the department ever told plaintiff that the practice of storing firearms equipment and property was wrong, or that it should stop."
Sources close to the investigation have told the Star-Bulletin that the equipment included items that are not issued to office investigators, including .45-caliber ammunition, retooling machinery used to customize firearms, and flashlights that can be attached to barrels of rifles. All items confiscated at Whang's house were bought with city funds, Carlisle has said.
The case is being investigated by Honolulu Police Department white-collar crime detectives.
According to Whang's lawsuit, his storing of the firearms and ammunition became a problem only after he made a workplace complaint about Lee, his immediate supervisor, and provided details about what Whang describes as a "pattern of increasingly violent behavior." During an Aug. 18 meeting, Whang alleges, Lee became "visibly enraged, and exposed a holstered weapon on his ankle."
Lee could not be reached for comment last night.
Whang contends that on Aug. 27, he made a request to determine whether Lee was fit to carry a firearm and that a "formal investigation be conducted on the basis of workplace violence" because Whang was "fearful for his life and the safety of all employees."
However, on Sept. 25, Carlisle informed Whang that an investigation had been completed and that his complaints against Lee were "unfounded," according to the lawsuit.
Whang's lawsuit states that after he made the complaint against Lee, there were several incidents that he considered to be retaliation against him, including being reassigned, having his former staff reassigned to other investigators and having his cell phone deactivated.
The lawsuit states that by Nov. 14, Whang could "no longer endure the retaliatory, unequal terms and conditions of employment" and went out on stress leave.
The lawsuit also notes that on Jan. 23-24, and Feb. 6, information about Whang "allegedly stealing property" from the Prosecutor's Office was "released to the news media." The lawsuit states that the "allegations and/or information that formed the basis for the news stories that characterized Plaintiff as a thief was 'confidential' and should have been protected from disclosure."
Carlisle could not be reached for comment yesterday.
Whang alleges that the defendants violated the state's Whistleblower's Protection Act and intentionally inflicted emotional distress. The lawsuit seeks damages to be determined at trial.