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In the days before his fatal confrontation with police, 16-year-old Iremamber Sykap and the people with him in a stolen white Honda Civic allegedly snatched a purse in Waikiki and committed an armed robbery before brandishing guns during a home invasion minutes before police fired at the youth, according to testimony Tuesday in District Court in Honolulu.
Honolulu police Sgt. Adam Lipka told the court that officers Geoffrey H.L. Thom, 42, Zackary K. Ah Nee, 26, and his partner Christopher J. Fredeluces, 40, were part of the third watch shift that received information that the car was identified by license plate as the vehicle connected to a purse-snatching in Waikiki and an armed robbery the week before.
Thom, a five-year HPD veteran, is charged with second-degree murder after allegedly shooting into the back of the vehicle, hitting Sykap eight times, including in the back of the head and neck. Ah Nee, 26, who has been with the department for three years, and Fredeluces, who has 10 years of service, face charges of second-degree attempted murder for firing their 9 mm Glock sidearms into the car.
About 30 minutes before police found Sykap, his brother Mark and their companions in the stolen car in front of Kawaikui Beach Park, a call went out over police radios about an armed home invasion on Isenberg Street, according to Lipka.
Two “local males” were seen waving firearms while leaving the scene, he said.
“In your experience … does brandishing a firearm in broad daylight during a home invasion demonstrate a serious risk of death or grave bodily injury?” defense attorney Thomas M. Otake asked Lipka, a prosecution witness.
“Most definitely,” he responded.
Tuesday was the second day of a preliminary hearing, which began July 20. Prosecutors called eight witnesses: HPD evidence specialists Brittany Coop, Hideko Yoshihara, Jasmina Eliza, and Veronica DeMello; Sgt. Lipka; Professional Standards Office Detective Greyson Alcosiba; Criminalist Curtis Kubo; and patrol officer Chanel Price.
Evidence specialists with the Honolulu Police Department recovered a BB gun, six rounds of 9 mm ammunition in a magazine and an empty magazine from the stolen white Honda Civic that Iremamber Sykap was driving when he was shot and killed by police April 5.
The BB gun, which evidence specialists testified looked very real, was found on the floor of the front passenger seat. Otake asked Sgt. Lipka about the BB gun.
“I would not be able to tell the difference. … It looks like a real gun to me,” Lipka told the court.
A gray, gunlike device with a black taped handle was found in a backpack and taken into custody by evidence specialist Hideko Yoshihara, she testified this afternoon.
Yoshihara said a detective gave it to a patrol officer who gave it to her to enter into evidence.
“I’m not sure where it was found,” she said in response to Otake, who asked whether it was found in a backpack taken from one of the occupants who ran out of the car after Sykap stopped it.
HPD Criminalist Curtis Kubo, who has 39 years with the department, testified that the gunlike device fired blanks. “It’s used sometimes as a prop in moviemaking,” said Kubo. “Sometimes they use blank guns at track and field events.”
“Like a starter pistol?” asked Deputy Prosecuting Attorney Christopher T. Van Marter. “Yes,” replied Kubo.
Before Tuesday’s hearing, supporters of the officers and counterprotesters demonstrated outside the Alakea Street courthouse.
Off-duty police officers and their family and friends were joined by executives of the State of Hawaii Organization of Police Officers, other public-sector union members and the Back Dah Blue Hawaii police booster group, who called for the charges to be dropped and for officers to be respected. Police supporters chanted, “Free the three, support the HPD,” and held signs that read, “They support and protect with aloha, how dare you.” Another sign read, “How dare you call them killer cops, this is our ohana,” and a flag waved with the words “Police lives matter” printed across it.
“We’ve been coming out to all these rallies, and we just pray that they free the three. We have police officer friends and family, and we just support them,” said Jennifer Wilcox, who stood with the pro-police crowd. “There are so many people that look down on the police, and we don’t talk about them, but who are they going to call if they are in need?”
Relatives of the Sykap brothers joined community advocates and the group Refuse Fascism Hawaii to support the prosecution of the three officers.
Emotions once again ran hot as supporters calling for the dismissal of the charges against the officers and citizens who want the officers to stand trial clashed on Hotel Street.
Demonstrators in favor of the officers’ prosecution held signs as they chanted that read, “HPD is not above the law,” “Justice 4 Baby, Back Duh Truth,” “Justice for all victims of racist police terror!” and “Arrest killer cops.” “Baby” is a nickname for Sykap.
The crowd chanted, “Indict, convict, send those killer cops to jail” and “Baby’s life mattered more than his mistakes.”
Tootsie Sakaria grew up with Sykap and his family and said he was more than just a friend.
“He was more like a brother to everybody. He would give you his last dollar even though he needs it. He would give you a ride even though he doesn’t know you,” said Sakaria. “I would say his life matters more than his mistakes and these racist cops. I don’t know what to say about them. I don’t have words to express how I feel towards them. We hope we have justice for him, and when we have justice we have peace.”
At the peak of Tuesday’s demonstrations, about 100 people stood with the Sykap family and their supporters.
“We’re all doing it not only for ourselves, but for the people that we represent. I really feel for the Sykap family because they’re out here, they’re not getting paid,” said Nakana Wong, who stood with those calling for the case against the officers to continue.
Judge William M. Domingo will eventually decide whether the three officers should stand trial or the charges against them should be dismissed.
Officer Price told the court that on April 5 she pulled up behind the car driven by Sykap, drew her weapon but did not shoot. Price told the court she had worked with Thom, Ah Nee and Fredeluces for three months prior to the April 5 incident. Van Marter questioned why all officers involved in the incident reviewed body-worn camera footage and typed up their police reports while gathered in the same room. Price replied that she did not know.
He asked her on three separate occasions why she pulled her gun when standing behind the Honda but did not shoot.
“I didn’t have a clear line of fire,” she said. Price also testified that Thom was standing at an angle in front of her. She said it may have gone differently if Thom wasn’t in her line of fire, but “I didn’t have to. Everything happened in maybe a second.”
Price will be cross-examined by defense attorneys, and other officers are scheduled to reiterate their grand jury testimony and discuss the footage pulled from their body cameras when the hearing continues today at 1:30 p.m.
The prosecution is trying to prove that the officers fired into an idling vehicle and that Sykap — along with his brother Mark, who is free on a $50,000 bond connected to a robbery charge in a separate incident — did not pose a threat.
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