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The Honolulu Police Department’s revised use of force policy that went into effect this month is being tested by separate investigations into two fatal shootings of unarmed suspects by police officers that have renewed calls for transparency, led to a wrongful death lawsuit and pushed Honolulu further into the national debate over how far police officers may go to keep the community safe.
Community activists and the victims’ families have protested in Waikiki and in front of HPD’s main station, claiming racial bias and calling for an end to police violence.
Kylie Akiona submitted testimony to the Honolulu Police Commission on Wednesday lamenting the loss of 16-year-old Iremamber Sykap, who was Micronesian, and 29-year-old Lindani Myeni, who was Black. Myeni’s wife sued HPD and three police officers last week over his death.
Akiona, speaking as a concerned citizen, described a community torn apart by the shootings and the alleged crimes that preceded them. Her family includes current and retired HPD officers, she told the commission.
“On either side of the guns involved in Iremamber and Lindani’s killings are humans, our family members, our friends and people we love,” Akiona said. “There is no ‘the police’ and ‘the people.’ We are on the same side. Officers are not above any other civilian that they serve. Police officers are not executioners. They do not have the authority of a judge. They do not get to take away someone’s life — ever. It is never OK for an officer to kill, whether you are guilty of a crime or not.
“When HPD kills two people within the time span of less than two weeks, why are these murders considered lawful because their killers had a badge on?”
Active and retired officers praised the diversity of HPD’s ranks. They said force is rarely employed and always as a last resort, despite the dangerous grind of policing.
From 2015 to 2019, force was used in less than 1% of all incidents resulting in a police report, according to a February presentation delivered to the Honolulu Police Commission.
Alex Garcia, a retired HPD lieutenant with 33 years of service, told the Honolulu Star-Advertiser that from the moment they start their academy training, officers are drilled to exercise caution and de-escalate situations. Taking a life, justified or not, changes a person forever, he said.
Garcia knows.
Thirty-two years ago he pursued a burglary suspect who hijacked a taxi and held a shotgun to the back of the driver’s head.
“The guy turned the shotgun on my partner,” Garcia said. “I shot him twice. I can still see the guy’s face. I can still see his face. To me it’s like yesterday. … It doesn’t go away.”
Shootings reviewed
There were six fatal shootings by HPD officers in 2018, five in 2019 and two in 2020.
After HPD’s new use of force policy went into effect April 1, HPD officers killed Sykap on April 5 and Myeni nine days later.
Police said Sykap was the driver of a stolen Honda Civic allegedly involved in a crime spree. The teenager led police on a car chase until he drove at officers while steering the wrong way on Kalakaua Avenue, according to HPD. The sedan ended up in the canal along Kalakaua. Police recovered a replica firearm from the vehicle.
Myeni was shot after fighting with and injuring three police officers responding to a 911 call of a burglary in Nuuanu.
“Police departments and other law enforcement agencies across the country, including those in Hawaii, are reexamining their policies and practices when it comes to engaging with the public,” state Attorney General Clare E. Connors said in a statement to the Star-Advertiser. “It will be an ongoing process requiring meaningful dialogue and collaboration between the police and the communities they are sworn to serve. De-escalation of volatile situations, whenever possible, avoids tragic results. Although police officers have a very difficult job and they are confronted with challenging situations, their decisions have consequences and the Derek Chauvin verdict reminds us that no one is above or beneath the law.”
Internal probes of HPD shootings are required after an officer discharges a firearm. Police forward the findings to the city prosecutor, who decides how to proceed.
The Law Enforcement Officer Independent Review Board, created in 2017 under the state Department of the Attorney General’s Criminal Justice Division, reviews all shootings by officers in Hawaii. The review board evaluates the fairness of the criminal investigations and determines whether criminal prosecution or further investigation is warranted.
But the panel’s recommendations are nonbinding and do not consider any physical evidence.
The review board hasn’t convened since January 2020, when meetings were suspended because of the COVID-19 pandemic.
Updated force policy
HPD’s new policy on use of force, Honolulu police policy number 1.04, is more than 20 pages long and emphasizes clear communication and provides a detailed list of de-escalation tactics and techniques. It describes how officers can gain control of difficult situations without using deadly force, while giving them wide discretion in how they react if situations escalate.
“Use of force policy instruction and related training takes place throughout recruit school,” acting HPD Chief Aaron Takasaki-Young told the Star-Advertiser. “Since January 2021, there has been increased emphasis on de-escalation prior to using force. The focus is on teaching officers how to better use time, distance and cover, so that de-escalation can be done without placing an officer or members of the public in immediate danger of death or serious bodily injury.”
A revision of HPD’s use of force policy followed the national discussion on use of vascular neck restraints after Chauvin, a Minneapolis police officer, employed it on George Floyd last May. Chauvin was convicted Tuesday on three counts involving Floyd’s murder.
HPD policy on the use of force reads:
“Based on the totality of the circumstance of a situation, officers are responsible for deciding if force is needed and the reasonableness of such force to fulfill their duties. This decision shall also consider how strenuously, continuously, and/or repeatedly a force option is applied. Since confrontations occur in environments that are tense, uncertain, and rapidly evolving, officers may use tools and tactics outside the parameters of the model and departmental training. However, such applications of force shall meet the same standards of reasonable force.”
The police officers’ union, the State of Hawaii Organization of Police Officers, praised the department’s training academy, Ke Kula Maka‘i, as the best in the country, and said graduates receive ample training in nonlethal tactics. There are currently 163 recruits in different phases of HPD training. Those recruits receive 1,032 hours of academy training and 480 hours of live field training, according to HPD.
A national study conducted by the U.S. Department of Justice in 2013 reported the average police training program consists of approximately 840 hours.
“Recruits receive training in cultural awareness, hate crimes, introduction to crisis intervention and bias and implicit bias during recruit school,” Takasaki-Young said. “Current officers receive bias and implicit bias training annually. Recruits also receive basic training in responding to persons in crisis or with serious mental illness, and officers receive updates and refresher training.”
Sheryl Sunia, a retired homicide detective with 29 years of service with HPD, now works as a criminal justice instructor at Hawaii Pacific University. She told the Star-Advertiser she would like to see a stronger bond between HPU and other Hawaii universities and county police departments.
“Ethics, and ideas for change, are often brought into our conversations with our students,” she said. “The world of policing is changing daily, and it all comes back to constant training and accepting responsibility for actions. We teach that they are the future of change. We like to instill in our students that to become an officer, you can make a difference in the lives of so many if you look at what is surrounding you in your daily assignments.”
Pandemic takes toll
HPD surrounds recruits and officers with support networks and constant training.
They have access to a department psychologist and counselor. There is a Peer Support Unit of officers and civilians who respond to the scenes of critical incidents, as well as a corps of volunteer chaplains from different faiths and backgrounds, Takasaki-Young said.
“Resiliency training is also taught to recruits and encourages the recognition of changes in themselves or others,” he said. “We hope that by providing recruits with the tools they need for self-assessment and self-care they can better handle the incredible stress of a law enforcement career.”
Garcia believes most members of the community support the department. But he said that passionate protests and media attention make it hard to encourage young people to join the force.
“It’s a great career,” Garcia said. “If you want to help people and make a difference, be a policeman. It’s rewarding. But under these conditions now, it’s hard to tell them that.”
Garcia dismissed claims that Honolulu police officers are racially biased.
“Our guys are a blend of the community,” he said. “Everybody knows everybody. This is an island. I’ve arrested hundreds of guys who know my family or I know their family. We have common friends and associates. It’s a whole different atmosphere and it is probably the most diverse department in the entire country.”
Sunia, who said she still “bleeds blue” and considers herself “blessed” to have served in HPD, noted the pandemic helped escalate tensions in the community by removing the intimate nature of normal interactions and replacing them with strict rules and public health guidelines.
“This pandemic has taken a toll on all,” she said. “At the university we have been conducting face-to-face classes, and things have changed. No hugs, no hand-shaking has taken a toll. We are Hawaii and aloha means to love and to care for all people of Hawaii. I think every department, not just those with the bad press, should take a step back and look at pathways to move forward. Does it involve more training? Does it involve different training? Maybe we need to keep a better watch on case law that has affected police departments across the nation and make sure that we are not setting ourselves up to fail.”
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