In light of international interest in two fatal police shootings last month and new procedures for reviewing whether officers are guilty of a crime in those incidents, Honolulu Prosecuting Attorney Steven S. Alm provided an update of his investigations into each case.
Alm announced April 29 that for the first time in more than three decades, his office would independently review fatal shootings by police to determine whether criminal, civil or administrative action is the next step.
Prior to Alm’s declaration, HPD investigated its own and forwarded the findings to the prosecutor’s office, and only the Law Enforcement Officers Independent Review Board reviewed the findings, with no statutory authority to do anything but make a recommendation. The LEOIRB was formed in 2017, and all investigations and findings are confidential.
“Investigations into both matters are underway and anticipated to be completed within the next 30-60 days,” said Matthew Dvonch, special counsel to the prosecuting attorney, in a news release. “In the event the Department’s investigation concludes that an officer-involved shooting was justified, Prosecutor Alm will hold a press conference to explain the evidentiary basis and legal reasoning for the conclusion.”
On April 5, 16-year-old Iremamber Sykap was shot and killed after he allegedly drove a stolen Honda Civic at a police barricade on Kalakaua Avenue following a crime spree.
Five days later, officers shot and killed 29-year-old Lindani Myeni during a fight at a home in Nuuanu after they responded to a 911 call from a woman complaining of an unarmed man walking into and then out of the home. At least one of the three officers involved in the fight is still recovering from his injuries and is not on duty.
After alm’s office closes a probe, prosecutors plan to release evidence in the case, including police and forensic reports, witness statements, 911 calls and body-worn camera footage, with appropriate redactions to protect the privacy of the individuals involved, according to a news release.
HPD released some of the body cam footage in the Myeni incident and none of the footage from the Sykap shooting. In Iremamber’s incident, police cited juvenile suspects as the reason they would not release footage, a move that perplexed private attorneys and the Honolulu Police Commission.
If one of the shootings by police is found unjustified, the prosecuting attorney will secure an indictment and charge any law enforcement officer who prosecutors believe committed a crime that can be proved beyond a reasonable doubt.