The brother of a man who was shot and killed by Honolulu police in 2013 is suing the city and one of the four officers who responded to the man’s home.
Victor Rivera, 43, died from multiple gunshot wounds on Dec. 14, 2013.
Randy Rivera says in a lawsuit he filed in U.S. District Court on Friday that officer Tyler Fujimoto is responsible for his brother’s death because Fujimoto did not tell the other police officers that his brother suffered from a mental illness. Fujimoto is not the officer who fired the fatal shots. Rivera is not suing the officer who shot his brother or any of the other officers who responded to the scene.
According to the lawsuit, Rivera says he called 911 and intentionally hung up before talking to an operator to get a quick response from police. He said he did that because his brother had picked up a mango stick in the family’s backyard to prevent others from approaching him.
Rivera says he told Fujimoto, who was the first officer to arrive at the family’s Hiapo Street home, that his brother was acting in an agitated manner because he suffers from schizophrenia and had stopped taking his medication. He says he told Fujimoto that all his brother needed was to be told to go to the hospital.
Just one week before the shooting, Rivera says, other police officers who responded to the family home in a similar situation persuaded his brother to voluntarily go to the hospital by ambulance, according to the lawsuit.
Fujimoto called for backup but failed to tell his supervisor what Rivera had told him, the lawsuit says. So when three other officers arrived, they had their guns drawn, and despite Rivera’s pleas, rushed into the backyard.
Honolulu Police Chief Louis Kealoha said in a news conference after the shooting that the officers ordered Victor Rivera to put down what he described as a 12-foot-long metal pole with a sharpened blade at one end. He said Rivera instead advanced toward the officers making cutting motions.
Kealoha said one officer fired his Taser into Rivera but that Rivera continued advancing. A second officer then fired multiple shots into Rivera.
At the time of the shooting, Fujimoto had been an officer for the Honolulu Police Department for 2 1/2 years.
The lawsuit says Fujimoto did not have adequate training or experience to properly handle the situation he faced in 2013.
A spokeswoman for the Honolulu Police Department said HPD had no comment on the lawsuit.