Honolulu Police Department committee to recommend categorizing vascular neck restraints as ‘deadly force’ option

A Honolulu Police Department committee is recommending that vascular neck restraint be designated a “deadly force” option in the department’s use-of-force policy.

During a Honolulu Police Commission meeting Wednesday, commissioner Richard Parry, who also sits on HPD’s Use of Force Committee, said the panel favors moving vascular neck restraint from “intermediate” use of force, which includes the use of batons, to the same category that includes use of firearms.

Parry said two other significant changes to HPD’s use-of-force policy the committee is recommending would require police officers to intervene if they see other officers “doing something inappropriate” and to “de-escalate use-of-force situations whenever possible.”

HPD suspended the use of the vascular neck restraint in June while it reviewed its use-of-force policy in response to the police killing of George Floyd, a 46-year-old Black man, in Minneapolis in late May.

Floyd died after since-fired police officer Derek Chauvin restrained him by kneeling on his neck for nearly nine minutes as Floyd was lying face-down on the ground. Video of the incident showed Floyd saying he couldn’t breathe. He eventually lost consciousness and died.

Chauvin has since been charged with second-degree murder, third-degree murder and manslaughter. Floyd’s death sparked worldwide protests and calls for police reforms across the country.

Parry said a final draft of the changes will go through HPD’s ranks.

He added that the State of Hawaii Organization of Police Officers will have a chance to review the proposed new policies but noted union approval is not necessary for the changes to be adopted.

Ultimately Police Chief Susan Ballard has the authority to approve or reject new HPD policies.

SHOPO President Malcolm Lutu hasn’t seen the proposed changes in writing yet but said the recommendations don’t appear particularly prohibitive.

“If they keep the vascular neck restraint still on the use-of-force continuum but place it more as a deadly force, I have no problem with that,” Lutu said.

He said the neck restraint isn’t used often but described it as a useful tool when taught and implemented properly.

More generally, Lutu’s worry is that greater restrictions on police officers will force them to wait until being attacked before being able to respond to dangerous situations.

“It’s scary. It’s coming to the point where we can’t do anything until somebody does something to us, which is not what police work is,” he said. “We didn’t join the job to get assaulted, to get shot at.”