Hilo arrest witness
alleges racial element

A man charging police brutality
faces marijuana charges

HILO » An Aug. 29 Big Island arrest incident that resulted in a man accusing police of brutality started with a racial statement by a police officer, witness Joy Vanderwal told the Star-Bulletin.

The officer described himself as dark-skinned and complained about "haoles" making trouble, Vanderwal said.

"I'm saying that he made a racially motivated statement," Vanderwal said.

The man charging brutality in the events that followed, Eduardo Acosta, 45, went before a District Court judge yesterday for a charge of marijuana possession. He did not enter a plea because he has not yet obtained an attorney.

Acosta has said the tiny amount of marijuana allegedly found on him was not his.

Acosta checked out of Hilo Medical Center for the court appearance and ended a week-long hunger strike to protest injuries he suffered when police arrested him.

The escapee, Shawn Weeks, is still at large.

In a written, signed statement, Vanderwal said an unknown person shined a flashlight in Weeks' eyes on the night of Aug. 29 as Vanderwal and friends in her car were ready to leave a rural park. Vanderwal was among the five picnickers including Weeks and Acosta.

Not knowing the person was a policeman, Weeks said, "Get the flashlight outta my face," Vanderwal said.

When the man revealed that he was a policeman and asked Weeks' name, Weeks answered, "Shawn Kalamai."

On the night of the incident, the officer apparently took offense at the name Kalamai, which means "forgive me," Vanderwal said.

The officer said, "Do you know how irritating it is for somebody like me, who is much darker than you, and hear(s) you talk like that (local pidgin) and you haoles come over here and make trouble for us?"

The officer took a half-empty bottle of beer from Weeks, ordered him out of the car and arrested him, Vanderwal said. But when the others asked the reason for the arrest, the officer said only, "You know why," Vanderwal said.

Weeks, 37, told the Star-Bulletin on Tuesday he was born in Hawaii, described difficulties with authorities since running away from alcoholic parents at age 8, and admitted using several aliases.

Capt. Steven Guillermo, commander of the district where the arrest took place, said he has not heard any other accusations of racial statements by officers in his district. "I'm quite amazed that accusation would come up," he said.

Vanderwal also described a possible explanation of a second officer throwing Acosta to the ground and arresting him.

Vanderwal said the first officer asked Acosta's name several times while Acosta was walking away, but Acosta did not answer.

Acosta said the first officer told him to go away. He heard shouting as he walked away, but he did not realize the officer was shouting at him, Acosta said.