In a week, it will be a year since a visiting bicyclist was killed in a vehicular collision by an on-duty police officer.
In a week, it will be a year since a visiting bicyclist was killed in a vehicular collision by an on-duty police officer.
Jeffrey C. Surnow, 63, of West Bloomfield, Mich., was riding a bicycle east March 1, 2015, on Waikoloa Road near mile marker 11 when he was hit by 30-year-old Jody Buddemeyer.
Buddemeyer was discharged from the Hawaii Police Department following the fatal collision, which happened at about 6:30 a.m. and that the Hawaii Fire Department called a hit-and-run. He was terminated for being involved in a fatal collision with a bicyclist, removing physical evidence from a crime scene and providing false information after being involved in a traffic collision.
Police opened a negligent homicide investigation and released Buddemeyer. A year later, the investigation is still going.
County Prosecutor Mitch Roth said his office plans to file charges soon but didn’t specify when. Roth spoke in generalities about cases involving a fatal accident, and said they can require extensive investigation.
“We have to believe we can prove the case beyond a reasonable doubt,” he said.
Daniel Hodel, president of the Hawaii Cycling Club, said he is frustrated by what he perceives as a lack of transparency and excessive time in the investigation. He has repeatedly asked the prosecutor’s office about the case.
“All of us understand that there are things that can’t be made public information,” Hodel said, but added other jurisdictions seem to release information in a more timely manner.
He said Surnow had come on his own to the island for a vacation, and this was apparently his second ride, based on information posted on the exercise website Strava.com.
“Despite knowing our obvious interest in the case, the cycling community was never informed when the police finished their investigation, and had to pull that information out of the prosecutor’s office. Even then, the language used to tell us that the case was turned over to the prosecutor was extremely political and ambiguous,” he wrote in an email.
Roth said people not party to a case aren’t kept abreast of ongoing investigations.
“I’m sorry, but you are neither a party nor a victim in the case and thus it is not proper to give you all the ins and outs of our investigation or preparation,” Roth wrote to Hodel and West Hawaii Today in a group email.
Part of the complexity in investigations is determining the intent or lack thereof of a suspect.
The highest offense likely in an accidental death is manslaughter, Roth said, which requires the defendant “recklessly causes the death of another person.” That is a Class A felony.
There is also first-degree negligent homicide, which requires the operation of the vehicle in “a negligent manner” against a “vulnerable person,” including bicyclists, pedestrians and others. That offense is a Class B felony.
There also are lesser negligent homicide charges, which have lower proof requirements and are lesser offenses. There are other cases, he said, that are more complex and require more work. It means prosecutors want to have eliminated all potential defenses before they file charges, he said.
State rules give them 180 days between charging someone and bringing them to trial. Although the defense has more flexibility in lengthening the case, the prosecution is limited in extensions, he said.
One of the major points is investigating the vehicle’s condition, he said. Investigators have to ensure there were no mechanical failings, such as a brake failure, that could be blamed for the accident. They also have to bring in experts to examine the scene, which takes more time.
Surnow was the founder and owner of the real estate company Surnow, Co. The company redeveloped buildings in Birmingham, Mich., along with offering property management, leasing, tenant representation and development service, the company website says. An avid bicyclist, he started the Birmingham Bike Festival, hosted for the first time in 2015. It’s on hiatus this year, according to the group.
Buddemeyer has retained counsel, although there are no criminal or civil cases filed against him, according to attorney Brian DeLima. DeLima, who did not return a message Monday, went to the police commission in March to request money to defend the officer. He told the commission Buddemeyer was on duty at the time and he wanted to be proactive in terms of cases. The committee took no action on the proposal, according to the meeting minutes, although they did send a letter to DeLima.
Buddemeyer was issued a commendation in the fourth quarter of 2014, along with Officer Cory Gray, for an initiative that turned a routine traffic stop into arrests for a stolen vehicle, drug offenses and others.
Email Graham Milldrum at gmilldrum@westhawaiitoday.com.