Federal jury to deliberate on whether police used excessive force in man’s death

A federal jury heard closing arguments Tuesday in a civil case involving Sheldon Haleck, who died four years ago after being pepper­-sprayed multiple times and shocked with a Taser by Honolulu police officers.

Attorneys for the Haleck family are asking that the jury find that the officers used excessive force when they tried to get Haleck to move out of the middle of South King Street on the night of March 16, 2015, and that Haleck’s family be awarded $3 million in damages.

The jury deliberated for several hours Tuesday but didn’t come to a decision.

Haleck was on methamphetamine when he was spotted by motorists walking through traffic in front of Iolani Palace. Officers pepper­-sprayed him about a dozen times and tried shocking him with a Taser three times, all within a span of about five minutes, as they tried to get him to move to the sidewalk.

After falling to the ground and being cuffed by officers, Haleck, who was 38 years old at the time, became unresponsive and stopped breathing. He was declared dead the next morning at The Queen’s Medical Center.

The civil suit was brought by Haleck’s family against officers Christopher Chung, Samantha Critchlow and Stephen Kardash. If the jury does find that the officers used excessive force and awards damages, those costs are expected to be covered by the city, according to Malcolm Lutu, president of the State of Hawaii Organization of Police Officers, the union representing Hawaii police officers.

Among the damages, plaintiffs cited Haleck’s medical expenses, which amounted to more than $51,000. An expert witness for the plaintiffs estimated that Haleck’s lifetime earnings would have amounted to between $800,000 and $850,000.

In closing arguments, Eric Seitz, who is representing the Haleck family, urged jurors to remember two images from the trial: a still shot taken from a video of Haleck being shocked with a Taser that showed his hands up in front of him and the Taser light being directed at his chest, and Haleck’s death certificate, which lists his manner of death as homicide. Hono­lulu’s chief medical examiner used the term in his autopsy report of Haleck to indicate that the actions of others caused or contributed to Haleck’s death.

On the night of the incident, Haleck, who had a history of drug abuse and mental illness, seemed to struggle to understand what police officers were telling him to do. While officers said that they were worried about Haleck’s size as they tried to apprehend him, Seitz described him “like a large, overgrown child” who was incapable at the time of following the commands of officers.

When Haleck didn’t comply with the officers’ commands, Seitz said, they grew angry and impatient and deployed a level of force that was unreasonable given the situation. Haleck was ultimately taken into custody for disorderly conduct, a petty misdemeanor.

Seitz told jurors that they were serving as the “conscience of the community” in ruling on the case and urged them to send a clear message that the level of force used by police officers in this case was unacceptable.

City Deputy Corporation Counsel Traci Morita provided closing arguments in support of the officers.

“No one disputes Haleck’s death was tragic,” she said. But Morita said that the plaintiffs were looking for someone or something to blame, and the officers weren’t it.

“The blame was methamphetamine,” said Morita. “Methamphetamine intoxication is what caused him to step out on the roadway at 8 p.m. in incoming traffic and kept him in the roadway despite the multiple attempts of officers.”

Officers testified during the trial that Haleck didn’t seem to be affected by the pepper spray, and whether the Taser actually worked on Haleck is a matter of dispute.

Morita said Haleck had been in multiple car accidents the day prior and tested positive for methamphetamine then as well, indicating that he had been high for at least two days. Morita said the drugs had induced a state of excited delirium.

“There are some who may not want to accept that fact, but the force used by the officers in this case didn’t cause his death,” she said.