The family of a 14-year-old who remains paralyzed from the waist down following an alleged police pursuit in Makaha that ended when the car he was riding in crashed and officers fled the scene, filed a lawsuit Wednesday alleging negligence and assault and battery.
The boy suffered “catastrophic and near fatal injuries” when the car he was riding in “was forced off the road and crashed” due to the “negligent and/or reckless and/or deliberate” conduct of the officers and the driver of the car, Johnathan Sinapati, according to the complaint.
The suit was filed Wednesday in Circuit Court by attorney Eric A. Seitz, who represents Ualani and Dennis Gouveia, the parents of the 14-year-old injured Sept. 12 with Sinapati and four others. The Honolulu Star-Advertiser decided not to name the 14-year-old.
“He’s still paralyzed from the waist down, but there have been movements in his upper body. It’s a very good sign, but we’ll have to wait and see what happens,” said Seitz in an interview the Star-Advertiser. “This kid is going to require intensive, around-the-clock care for the rest of his life. Once we are able to assure the kid will be taken care, we will figure out what else is necessary.”
HPD reported the crash occurred at about 3:51 a.m. Sept. 12 and was a “critical motor vehicle collision (MVC) involving a single motor vehicle.” The officers “conspired to prepare and issue false reports about the crash,” according to the complaint.
The 14-year-old was partying with friends early on the morning of Sept. 12 at Maili Beach Park when the three police officers arrived to break up the gathering, Seitz has said. The group the 14-year-old arrived at the beach with left without him, Seitz said, so the boy talked Sinpati into giving him a ride. Sinapati remains on life support, Seitz said.
The senior police officer who responded to the scene knew Sinpati and allegedly had a dispute with him. Sinapati, the 14-year-old and four others in the car were “pursued at high speeds” by an officer with 15 years of service and two others, each with three years of
service, “until the car left the roadway and crashed,” according to the complaint.
Despite seeing the crash, the three District 8 patrol officers “simply drove away and failed to provide aid or assistance” to the teen, the driver or the other passengers of the car. When Emergency Medical Services personnel showed up to treat the victims, the officers “returned and acted as if they had no knowledge of what had transpired,” according to the lawsuit.
The 14-year-old suffered “painful, permanent, and disabling injuries to his neck, spine and back.”
The three officers face possible criminal charges for allegedly fleeing the scene of the crash before returning when dispatched to respond when a 911 caller reported the incident. Interim Honolulu Police Chief Rade K. Vanic and Mayor Rick Blangiardi did not respond to requests for an interview about the allegations against the officers.
“These are extremely serious allegations, and the criminal and administrative investigations into what preceded the collision in Makaha are continuing,” said Vanic in a statement emailed to media.
Anyone with information is asked to contact the HPD Professional Standards Office at 723-3375. The officers’ police powers have been suspended pending the outcome of the investigations.
