Ex-police chief to lead board review on police shootings

A former Maui police chief was selected to lead the state board tasked with reviewing police shootings during the panel’s first meeting in 15 months, but any possible discussion of fatal police confrontations took place in private.

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 police officers in Hawaii. Members evaluate the fairness of the criminal investigations and determine whether prosecution or further investigation is needed.

But the panel’s recommendations are nonbinding, do not consider any physical evidence and, unless a report documenting their discussions is made public, their proceedings are mostly confidential.

In response to a question about why the LEOIRB spent a large part of its meeting in executive session when the national debate about the use of lethal force centers in part on the issue of transparency, a spokesman for the state Attorney General’s Office told the Honolulu Star-Advertiser in an email that “the broad statutory confidentiality provision governing the board under HRS section 28-153(g) required the board to meet in executive session this morning.”

That statute, in part, states, “The board’s recommendations shall not be binding upon the prosecuting attorney and shall have no effect on any determination of probable cause that may be made, at any time. … All matters submitted to the board … and all proceedings and recommendations of the board shall be confidential. All records, documents, and information in the possession of the board or maintained by the board shall not be subject to discovery or disclosure.”

When asked whether the board discussed the separate Honolulu police shootings of 16-year-old Iremamber Sykap or 29-year-old Lindani Myeni, the Attorney General’s Office cited the law and wrote that “all matters submitted to the board are confidential.”

Georgia Thompson, who testified before the committee as a concerned mother of three young adult Black children, called on members to transparently review all police killings. She said the board lacks urgency to address the backlog of cases or the growing local and international outcry surrounding the Sykap and Myeni cases. These families deserve answers now, not years from now, she said.

“The board still seems to be unsure of themselves, their purpose and their procedures, four years after being established. I did not get the sense that they have a solid plan, timeline or firm procedures to review the backlog of 25 other officer-involved fatalities that have occurred since they were established in 2017. They seemed confused about whether they were supposed to initiate a review or wait for instructions from HPD. This is an inexcusable lack of clarity four years in,” Thompson told the Star- Advertiser. “The board members may be well-intentioned and knowledgeable, but my overall impression is this board is likely symbolic only, designed to give the air of oversight without actually having any teeth or authority over HPD and police misconduct.”

Gary Yabuta, executive director of the Hawaii High Intensity Drug Trafficking Area and a 31-year veteran and former chief of the Maui Police Department, was unanimously voted to serve as LEOIRB chairman.

“We have a job to do, plain and simple. We were chosen for this job,” said Yabuta during the public portion of the meeting. “It’s quite a task, but looking at the talent here and the dedication and the greatness about all of you, we are definitely on the right track.”

The board also discussed hiring a public information offier.

Three new members joined the nine-member board, which has two vacancies for Kauai County and Hawaii County. Dr. Bettina Ackermann, a pediatric hospitalist from Maui; John Tam, a retired Maui county prosecutor; and Landon Murata, a deputy attorney general, joined the board since it last met.

The LEOIRB’s last meeting was in January 2020 due to concerns arising from the coronavirus pandemic and the resignation of several board members.

“The board is optimistic that with the appointment of new members and the election of a new Chair, the board’s review will be conducted timely,” a spokesman wrote in an email to the Star-Advertiser.