In an unprecedented and historic move for Hawaii law enforcement, Prosecuting Attorney Steven S. Alm moved past an Oahu grand jury decision and brought murder and attempted murder charges against three Honolulu police officers in connection with the fatal shooting of a 16-year-old Micronesian suspect.

Six days after an Oahu grand jury declined to charge the officers in the death of Iremamber Sykap, Alm charged one officer with second-degree murder and two others with second-degree attempted murder in complaints filed Tuesday in District Court.

It was the first time since at least 1976 that a shooting by police resulted in criminal charges against the personnel who pulled the trigger.

Alm, in a news release, said his office reviewed more than 1,300 pages of police reports authored by officers, evidence specialists, criminalists and witnesses. Investigators also considered footage from 70 body-worn camera videos, autopsy reports, 40 videos from surveillance cameras in the area, photos, use-of-force records for each officer, 911 and police radio recordings and other materials.

The trio was charged in the death of the Micronesian teen, the alleged driver of a stolen Honda Civic who led police on a pursuit that began in East Honolulu, continued at high speed on the H-1 freeway and ended when officers opened fire on Kalakaua Avenue near Philip Street on April 5.

The indictments shocked police, who believed the grand jury decision would stand.

“We are surprised by the prosecuting attorney’s announcement to seek charges against the officers after a grand jury comprised of citizens decided not to indict them. This is highly unusual, and we are not aware of a similar action having been taken in the past,” said HPD interim Chief Rade K. Vanic in a statement sent to news media. “While we await the court’s decision, we will continue to protect and serve the community as we have always done.”

The three officers will have their police powers removed and be assigned to desk duty.

The State of Hawaii Organization of Police Officers held a news conference last week saying the grand jury’s decision validated the actions of the officers who shot at Sykap.

“We continue to trust the process and will continue to stand by our officers,” said Malcolm Lutu, SHOPO president, in a news release.

‘A bold move’

Kenneth L. Lawson, a professor at the William S. Richardson School of Law, highlighted Alm’s endorsement by SHOPO as evidence that the prosecuting attorney is taking this case seriously and believes the shooting was not justified. In recent years, starting with an officer who forced a man to lick a public urinal, prosecutors are holding police accountable for criminal actions.

“I think it’s a bold move. It is a move in the right direction to hold officers who may cross that line accountable. There has to be more transparency of our police department and more accountability,” Lawson said. “When there has not been a deterrent when it comes to the use of deadly force, then there is not a lot out there to compel an officer to follow his or her training. If you are a law-abiding police officer, you are not going to lose any sleep over this. Will they be second-guessing themselves and maybe not reacting as fast out of fear they may be charged? I have never seen officers who were charged deter other police officers from doing their lawful duty.”

Honolulu Mayor Rick Blangiardi, in a statement, said his office does not get involved in law enforcement investigations or court proceedings, but recognizes the seriousness of the situation and the community interest.

“The complaints against three Honolulu Police Officers involved in the April 5 incident are a very serious matter. As stated previously, the Mayor’s Office does not involve itself with law enforcement investigations or court proceedings. I fully understand and recognize this is a very difficult situation for everyone involved in this case,” said Blangiardi. “We await both sides making their arguments in court, consequently I have no further comment at this time.”

Fatal encounter

On April 5, Sykap was driving a white Honda Civic reported stolen April 3, and linked to an alleged purse-­snatching, an armed robbery and a theft, according to the complaint. At 4:42 p.m. the officers attempted to pull over Sykap, but he drove off and a pursuit was declared at 4:52, according to court documents.

Geoffrey H.L. Thom, 42, a five-year HPD veteran, was charged with one count of second-degree murder for allegedly firing 10 rounds into the rear window of the Civic as it sat idling shortly after 5 p.m. Eight of Thom’s shots hit Sykap, according to the complaint.

One round fired from Thom’s 9 mm Glock semiautomatic handgun hit Sykap in the back of the head, two rounds hit him in the back of the neck, four shots hit him in the upper back and one hit his left arm, according to the criminal complaint.

One of the four shots severed Sykap’s aorta, a “through and through fatal wound,” according to the complaint.

If convicted, Thom will face a mandatory sentence of life in prison with the possibility of parole.

Zackary K. Ah Nee, 26, a three-year HPD veteran, and his partner Christopher J. Fredeluces, 40, who has 10 years of service with HPD, were both charged with one count of second-degree attempted murder.

The pair, along with Thom and other officers, pursued Sykap from Kawaikui Beach Park to Kalakaua Avenue before the teen stopped the car on Kalakaua Avenue near Philip Street, the complaint says. Thom and Fredeluces pulled up to the driver’s side of the Civic and Ah Nee pulled in front of the vehicle.

The officers demanded the occupants of the car get out. Two exited the vehicle and ran.

With Ah Nee on the passenger’s side, Fredeluces on the driver’s side and Thom behind the vehicle, Thom fired into the car from behind, and Fredeluces fired into the driver’s-side door above the handle, according to the complaint.

After the initial volley of shots, the Civic lurched forward and struck Ah Nee’s patrol car. Ah Nee fired four shots into the car as it went over the sidewalk, through a fence and into a canal. The rounds hit Iremamber’s brother Mark Sykap in the right rear shoulder and the left hand, according to court documents.

If convicted, Ah Nee and Fredeluces face mandatory sentences of life in prison with the possibility of parole.

Thom wrote in his police report that he shot Sykap to protect his fellow officers and the public after his patrol car was “assaulted” and “rammed” by Sykap’s vehicle, according to court documents. Thom also wrote that Sykap reversed at Thom and drove at Fredeluces.

Prosecutors disputed that account, saying Thom fired at Sykap “without provocation.”

Fredeluces wrote that he heard glass shatter and assumed the shots were coming from inside the car, but before he confirmed, he shot into Sykap’s door. Ah Nee wrote that he saw the butt of a weapon in Mark Sykap’s lap, but according to the complaint the body-worn camera footage didn’t show that. Mark Sykap was holding a mobile phone.

The District Court issued a summons compelling the three officers to make an initial court appearance June 25, according to a news release from the prosecuting attorney’s office.

Following their initial appearance, a preliminary hearing will be set.

Evidence, like footage from the body-worn cameras and ballistics reports, will be introduced at the preliminary hearing but will not be released to the public before then.

Thom, Ah Nee and Fredeluces are presumed innocent unless and until proved guilty, Alm said in the news release.

Geoffrey Thom Filed Complaint Summons 06-15-2021 by Honolulu Star-Advertiser on Scribd