Attorney Myles Breiner has questioned a Kauai police officer’s justification in shooting and killing a 62-year-old man after a three-hour standoff Wednesday at his Omao home.
When confronted by police on the roof of his house, Richard E. "Dickie" Louis had no weapon, both of his hands were raised and he appeared to be surrendering to police when he was shot, Breiner said Louis’ girlfriend told him. The girlfriend, who was across the street from Louis’ house at the time, heard four gunshots fired, Breiner said Friday.
"How was this guy putting police at risk if he was on the roof and no weapon was in his hand?" said Breiner, who once represented Louis. "He has nowhere to go."
Police said Louis grabbed a metal object and threatened an officer before the shooting, and police have said an initial review indicates the officer acted appropriately.
Kauai County spokeswoman Sarah Blane said either the Office of the Prosecuting Attorney or the Department of the Attorney General will conduct a review of the shooting.
The police officer who shot Louis was placed on desk duty. Blane declined to say how many years the officer has been with the Kauai Police Department.
Police and members of the Hawaii Fugitive Task Force went to Louis’ home Wednesday on Punee Road. He was wanted on a $310,000 warrant for failing to appear in court for a Dec. 5 trial. In his absence a jury found him guilty on theft, firearm and drug-related charges relating to a 2007 incident.
Louis was shot by police at about 6:45 p.m. Wednesday and pronounced dead shortly before 1 a.m. Thursday.
Police executed a search warrant Friday to search Louis’ surrounding property for shell casings and bullets from the police officer’s gun and "an unknown weapon shaped similar to a hammer with some kind of claw on one end," according to the warrant.
Louis had two gunshot wounds, according to Dr, William Goodhue, contract forensic pathologist with the Honolulu Medical Examiner’s Office. One bullet entered his right groin and was found in the top of his left thigh bone, while the second bullet entered his right upper thigh and was found in soft tissue of his left groin, Goodhue said. The bullet that entered his right groin cut across his right femoral artery, leading to massive blood loss.
Both injuries contributed to his death, Goodhue said.
Goodhue said the bullet fragments were turned over to police evidence specialists. Alcohol and drug tests are being run on Louis’ blood from his admission to the hospital in Kauai. Preliminary results are expected sometime next week. Toxicology specimens will be sent to a mainland lab, and those results are expected in six to eight weeks.
Breiner said Louis was facing up to five years in prison in connection with the 2007 incident where enforcement officers of the Department of Land and Natural Resources seized a small amount of methamphetamine, a pipe and a hunting rifle from his car.
"He has never been in jail before," said Breiner.
According to the Hawaii Criminal Justice Data Center, Louis has no convictions.
Breiner said he was dismayed when he heard about the shooting. "I didn’t believe it. It still doesn’t make any sense to me, frankly," he said.
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Star-Advertiser reporter Rob Shikina contributed to this report.
