A Honolulu police officer was justified in firing three shots that killed a 27-year-old man who lunged at him with a hunting knife following a foot chase, said Prosecuting Attorney Steve Alm at a news conference Tuesday.
Based on investigations of the 2019 incident by the Honolulu Police Department’s Professional Standards Office and city prosecutors, Alm said no charges would be filed against the officer who fatally shot Dana Brown.
“The officer was doing his job. It is tragic for Mr. Brown’s family, but he brought it on himself,” Alm said. “The officer gave Mr. Brown every chance to stop, get on the ground and give up. No doubt, there is some trauma killing another person. That’s something that police officers have to live with.”
Brown reportedly was
riding a stolen moped when he and another moped operator raced by a patrol officer on Lauwiliwili Street in Ka‑
polei at about 12:35 a.m. Dec. 17, 2019, according to the investigations’ findings. The officer, whose name was not released, made a U-turn to look for the mopeds and saw Brown weaving in and out of oncoming traffic on Malakole Street.
The officer, a 16-year HPD veteran, activated his vehicle’s blue lights to stop Brown for reckless driving, but the suspect ignored the officer’s efforts to get him to pull over. Brown reportedly entered a private road leading to the Marisco boat harbor before getting stuck on a grassy mound in the area of 91-550 Malakole St. near the Kalaeloa Barbers Point Harbor, according to the official findings.
The officer got out of his car and caught up to Brown on the grassy mound. Brown then ran toward the water but was cut off by the officer, forcing Brown back to his moped. The officer drew his 9 mm Glock handgun and ordered Brown to get on the ground. Upon seeing an 8-1/2-inch-long Gerber hunting knife in Brown’s hand, the officer repeatedly yelled at him to “put the knife down,” according to the findings.
In video footage from the officer’s body-worn camera that Alm shared with reporters Tuesday, the officer yells, “Police!” while ordering Brown to show his hands and drop the knife,
to which Brown replies, “Nope.” At one point the officer warns Brown, “I going shoot you.”
Brown can be heard saying, “Take a shot,” while brandishing the knife and rummaging through the compartment beneath the seat of the moped.
The officer twice fires a Taser at Brown, who toxicology reports revealed had methamphetamine and amphetamines in his system at the time. Brown is seen pulling the probes from his chest, undeterred by the electric current.
A witness told police she heard the officer yell, “Taser, Taser, Taser” before Brown was hit with a charge and started “acting like a crazy person with his hands moving all over the place.” Brown pulled out the Taser prongs and started to run away before turning back toward the
officer, according to the findings.
Four civilian witnesses, including a man fishing alone on the pier, witnessed the altercation between Brown and the officer. One witness told police they heard Brown tell the officer, “You going have to shoot me,” according to the findings.
The officer was continuing to order Brown to surrender when he started up his moped and tried to
escape. The officer kicked the moped’s back tire, knocking it over, according to accounts. Witnesses told police they saw Brown lunge at the officer before three shots are heard on the body-worn camera footage. Brown is seen hunched over, lifting his shirt to look at his abdomen, and can be heard groaning in the grass as the officer orders him to lie down.
The officer retrieved a radio that he had dropped during the foot chase and called for Emergency Medical Services. The officer provided first aid to Brown while waiting for paramedics, according to the
findings.
Brown, who had 24 prior arrests and two convictions, was on probation at the time and was wanted on an $11,000 bench
warrant.
Although Alm’s news conference marked an end to any criminal investigation of the incident, it is still the subject of an ongoing lawsuit brought by attorney Megan Kau on behalf of Brown’s family. The suit, filed Dec. 1 in state court, accuses the officer, HPD and the city of wrongful death in connection with Brown’s killing.
The family argues that Brown never threatened the officer and did not lunge at him. The lawsuit alleges that “without any threat” the officer “charges Brown and shoots him three times with his firearm.”
Brown’s mother, Mary Brown, told the Honolulu Star-Advertiser on Tuesday that his family was “surprised” by Alm’s news conference because they were not notified, despite asking for word on his ruling in the case and requesting meetings with the prosecuting attorney.
They were “shocked” with Alm’s decision not to charge the “man who shot and killed Dana.”
“We were surprised that this press conference was going on because we were not notified by anyone from Steve Alm’s office. We did send letters to his office through our attorney to contact us if anything happens, and he did not,” Mary Brown said. “We are very disappointed on the decision Steve made because clearly, it is an unjustified shooting.”