Judge denies motion to dismiss charges against 3 Honolulu police officers in fatal shooting of teen

An Oahu District Court judge Tuesday denied a motion to dismiss murder and attempted murder charges against three Honolulu police officers in connection with the April 5 fatal shooting of unarmed 16-year-old Iremamber Sykap, who had methamphetamine in his system and was at the wheel of a stolen car that had allegedly been involved in a violent, two-day crime spree.

The ruling came before a preliminary hearing began to determine whether there was probable cause to continue the prosecution of the officers.

A preliminary hearing is like a minitrial, where both sides will present witnesses, body-worn camera footage, police reports and other evidence. The prosecutor will try to prove there is enough evidence to charge the defendants and go to trial. At the conclusion of the preliminary hearing, the judge will decide whether to set a date for the trial or dismiss the charges.

The charges of second-­degree murder against officer Geoffrey H.L. Thom, 42, a five-year veteran of the force, and second-degree attempted murder against Zackary K. Ah Nee, 26, a three-year HPD veteran, and his partner Christopher J. Fredeluces, 40, who has 10 years of service with the department, were brought by criminal complaint after an Oahu grand jury declined to indict the officers.

Richard H.S. Sing, who represents Thom; Crystal K. Glendon, counsel for Fredeluces; and Ah Nee’s attorney, Thomas M. Otake, argued that prosecutors could not deny the will of a jury of the officers’ peers and that the grand jury process is an important check on a prosecutor’s power.

“The grand jury should not allow them a second bite at the apple,” Sing said during the proceedings.

Otake said not following the grand jury’s decision was the “most glaring act of arrogance I’ve seen in 20 years of practicing law.”

Deputy Prosecutor Christopher T. Van Marter maintained that the Hawaii Constitution provides multiple pathways for a prosecutor to charge alleged criminals and that a grand jury’s decision does not prevent him from using alternate methods to charge a suspect.

“It’s not unusual,” Van Marter said in court. “Some people think it is, because they never served in the role of a prosecutor.”

Judge William M. Domingo agreed. “Statutorily, it is allowed. There is nothing to preclude the preliminary hearing to continue in this matter,” he said.

The preliminary hearing for the three officers began after the ruling and lasted until 4 p.m. when Domingo scheduled it to continue Tuesday and July 28 at 1:30 p.m.

Van Marter, Sing, Glendon and Otake all declined comment outside the elevator bay on the fourth floor of District Court following the hearing.

The three officers left with their attorneys and were met with the roar of a crowd of supporters in front of the courthouse on Alakea Street. Two police cars blocked off the far-right lane of Alakea Street to create room for the officers and their supporters. Uniformed officers in orange traffic safety vests directed cars and people around the crowd.

Van Marter’s first two witnesses when the preliminary hearing started were Sho Furuta, a trauma surgeon at The Queen’s Medical Center, and Masahiko Kobayashi, Honolulu medical examiner.

Furuta was asked about Sykap’s condition when he arrived at the hospital. Doctors performed CPR on him for 30 minutes before finally pronouncing him dead. After 15 minutes without signs of life, patients are considered “futile,” he said.

Sykap was in a “very, very futile condition for the trauma ward,” said Furuta.

Kobayashi testified about the eight bullet wounds Sykap sustained when officers opened fire.

“Gunshot wound No. 1 was in the back of the head. The bullet fractured the skull and went into the brain tissue about 1 inch,” he said in court.

Seven of the eight bullets were recovered from Sykap’s body and turned over to evidence specialists, he said. Van Marter had Kobayashi describe how each bullet entered Sykap’s body and what happened.

Sykap’s toxicology report revealed methamphetamine and nicotine and their metabolites in his system. Van Marter asked whether Sykap ingested the methamphetamine.

“I’m not really sure he ingested … like food,” Koba­yashi testified. “He might smoke, he might ingest, I’m not really sure.”

Kobayashi did not know when Sykap took the methamphetamine.

“His system was positive for meth?” Otake asked.

“Yes,” Kobayashi replied.

People who use methamphetamine might experience “anxiety, paranoia, aggression, hallucinations, and mood disturbances,” according to U.S. Substance Abuse and Mental Health Services Administration.

The last witness of the day was patrol officer Masashi Uyematsu, a 1-1/2-year veteran of the force, who rode in the ambulance with Iremamber’s brother Mark Sykap as he was transported from the scene of the April 5 shooting on Kalakaua Avenue.

Sing asked Uyematsu why he rode in the ambulance with Mark Sykap, who sustained a gunshot wound to the wrist.

“At the time, he was not handcuffed,” Uyematsu said. “He was still a suspect. There was a threat to EMS and other people.”

Before the hearing, more than 200 police officers, firefighters, longshoremen and other supporters rallied in front of the courthouse on Alakea Street to show support for the officers and demand discipline against Honolulu Prosecuting Attorney Steven S. Alm for ignoring the grand jury’s decision.

Off-duty police officers made up the majority of the crowd. Some of them were armed and wearing their Crime Reduction Unit or Specialized Services Division tactical vests.

Others wore black T-shirts with “Support Our Officers” written across their chests in white lettering, with “SHOPO,” the acronym for the State of Hawaii Organization of Police Officers union, written across the back. The large, raucous crowd lined both sides of Hotel Street in front of the courthouse entrance.

They were led by Wayne Kaiwi, founder of Back Dah Blue Hawaii.

“This is our ohana. This is how we do,” said Kaiwi before the start of the hearing. “Let’s keep in mind these three police officers and their families. When you see a police officer on the street, say thank you.”

Police vehicles, some with sirens on and others with lights flashing, drove by the crowds and received cheers and rounds of applause.

Others sported black T-shirts that read “Back Dah Blue” and held signs that read “Free dah three,” “Police risk their lives every day, sign up or shut up!” and “Fight crime, not police.”

SHOPO President Malcolm Lutu said he is concerned this case could lead to officers holding back when force is needed. “My only fear is that our officers will start second-guessing their split-second decision-making, causing them to hesitate, which may cause injury or death to the public or themselves. … SHOPO is dedicated to our officers and will stand by them through this difficult time. We are in it for the long haul.”

The crowd also included counterprotesters supporting the prosecution of the three officers. There were more than 30 clustered on the corners of the Ewa side of Alakea Street.

Lesley Gabrielle was with three others holding signs and advocating for Iremamber Sykap.

“We’re happy to see the case continued. The Honolulu Police Department lied about what happened. They (the officers’ attorneys) tried to get the case dismissed. … We are glad these officers will have their day in court and things will play out just like it would for the rest of us if we were charged with murder or attempted murder.”