A Honolulu police officer charged with murder and two officers charged with attempted murder in connection with the deadly April 5 shooting of a 16-year-old boy made their initial court appearances in Honolulu District Court on Friday.
Police officer Geoffrey H.L. Thom, 42, was charged with one count of second-degree murder in Iremamber Sykap’s death, and officers Zackary K. Ah Nee, 26, and Christopher J. Fredeluces, 40, were each charged with one count of second-degree attempted murder via complaints filed in court June 15 by the Honolulu Department of the Prosecuting Attorney.
The charges brought against the trio by Honolulu Prosecutor Steve Alm came six days after a grand jury declined to return an indictment against them.
Donned in masks, aloha shirts and slacks, the trio stood next to their respective attorneys before Judge Clarence Pacarro during the short hearing. Attorney Richard Sing is representing Thom, attorney Thomas Otake is representing Ah Nee and attorney Crystal Glendon is representing Fredeluces.
The complaints allege Thom, Ah Nee and Fredeluces’ use of deadly force “was unnecessary, unreasonable and unjustified under the law.”
A preliminary hearing is scheduled for July 20 where a judge will determine whether there is probable cause to bring the case to trial. If such a determination is made, the case will be transferred to Circuit Court and an arraignment scheduled. At arraignments, defendants enter a plea and a trial date is set.
Thom, Ah Nee and Fredeluces are presumed innocent until proven guilty.
More than 300 police officers and supporters converged outside of the courthouse Friday morning holding signs and flags and wearing T-shirts in support of the officers.
In a joint statement the attorneys representing the officers said, “Geoffrey, Zack and Chris want to thank the community for the overwhelming outpouring of support. It is clear that most in our community believe that filing these charges after an independent Grand Jury rejected them is concerning, to say the very least. While we recognize the tragedy of this situation, we as their attorneys will do all that we can to prevent wrongful convictions in this case.”
In a phone interview Friday with the Honolulu Star-Advertiser, Alm said, “It was not a surprise to see a lot of police supporters out there. Most people in Hawaii support the police, and, I think, rightly so. They do a tough, dangerous job.”
“We all owe them a debt of gratitude for doing that,” he said. “At the same time, with that big a (police) force, you are going to get a few that are going to be charged with crimes. And I don’t think anyone would think they should automatically get a pass. They should get due process, and if a charge is proven, they should be held accountable.
“Nobody is above the law, and nobody should be above the law,” he added. “And that would apply to me, any of the deputies working here or other staff or investigators. If we broke the law, we shouldn’t get a pass.”
When asked what led him to bring charges against the officers after the grand jury declined to return an indictment, Alm said, “Our Hawaii Constitution allows cases to be brought either to grand jury, preliminary hearing or, in some cases, information charging. And we thought based on the evidence in the case, it was appropriate at this time to bring it to preliminary hearing.”
Sykap was the driver of a stolen Honda Civic that led police on a high-speed chase that began in East Honolulu and ended when officers opened fire on Kalakaua Avenue near Philip Street on April 5. The vehicle was linked to an armed robbery, purse-snatching and theft, according to the complaints.
In a statement Friday, interim Honolulu Police Chief Rade Vanic said, “We continue to trust the judicial system, and we ask for everyone’s patience as this case makes its way through the courts.”
Alm has faced criticism for his decision to proceed with the preliminary hearing.
“I’m a professional,” he said. “I’ve been doing this for a long time. The voters expect me to restore trust in the prosecutors’ office. I’m doing that right now.”
He urged people to wait until they see the evidence, which will include some body-worn camera footage, before they draw conclusions on the case.
Attorneys who are not involved in the officers’ case believe politics played a role in the case being brought to a preliminary hearing.
If this wasn’t an emotionally charged case, criminal defense attorney William Harrison, who has been practicing law for 40 years, said, “I think it would’ve ended at the grand jury. Because of the public sentiment, it’s going further.”
Defense attorney Victor Bakke, who has been practicing law for 30 years, said he has never seen a prosecutor take a case to a judge for a preliminary hearing after a grand jury declined to return an indictment. “That’s what’s so unusual.”
“The grand jury is there to protect the public from political prosecution,” he added.
“The jury performed its function and refused to return an indictment, and the prosecutors should respect that. And they should just respect that decision,” Bakke said.
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Honolulu Star-Advertiser reporter Peter Boylan contributed to this story.
