All officers involved in the four fatal police-involved shootings on the Big Island this year are back on active duty, according to police.
Assistant Police Chief Henry Tavares said in an email that investigations by the Hilo Criminal Investigations Section into the two most recent shootings, those of Kalyp Rapoza in Hilo and BJ Medeiros in Puna, are still ongoing, but he declined to comment further on the status of those investigations.
Tavares said CIS has wrapped its investigations of the two earlier shootings of Ronald Barawis Jr. and Scottie Yanagawa and has sent those investigations to the Office of the Prosecuting Attorney for review.
All police-involved shootings also are subject to an administrative review by the Office of Professional Standards, Hawaii Police Department’s internal affairs unit.
Capt. Kenneth Bugado of OPS said, also in an email, his unit’s investigations into the shootings of Barawis and Yanagawa have been completed, while the administrative investigations into the shootings of Rapoza and Medeiros are continuing.
County Prosecutor Mitch Roth said a review of the Criminal Investigation Section’s probe by his office is standard operating procedure. He said the administrative investigations are an internal police personnel matter and, as such, are private.
The names of officers will remain confidential unless any are charged with a crime connected with a shooting.
Starting July 1, 2017, an independent review board administered by the state attorney general’s office will review the criminal investigations of officer-involved deaths, including police-involved shootings. Act 161, co-sponsored by state Sen. Vice President Will Espero, and state Sens. Roslyn Baker, Maile Shimabukuro and Cynthia Thielen, was signed into law June 30 by Gov. David Ige.
“The intent of this bill is to make certain people have trust in the investigatory process and they feel that nothing’s being covered up or swept under the rug,” Espero said.
“I’m told we’re the first state to have this statewide. Other jurisdictions have it, but not to the extent that we have it written as a statewide law. There are independent boards out there for counties and cities and the like.”
The new law appropriated $100,000 to set up the nine-member board, which will consist of a deputy attorney general, a former prosecutor or deputy prosecutor from each county, a retired state judge, a former police chief, deputy chief or sheriff, and two community members without law enforcement or criminal justice experience. The governor will appoint one of the community members; all others will be appointed by the attorney general.
The board will review investigations of officer-involved deaths involving all four county police departments, state sheriffs and other law enforcers, including Department of Land and Natural Resources officers and Department of Transportation harbor police.
“We’ll see how things are going the first year or two, and if there’s anything we want to amend or change or take out, we can do that. This is, in my opinion, a big first step for us,” Espero said.
The board is to “expeditiously make recommendations” to the appropriate county prosecutor on whether to prosecute, decline prosecution or investigate further, but the board’s recommendations aren’t binding on prosecutors, nor are prosecutors required to wait for the board’s recommendation before deciding to prosecute or decline prosecution.
In addition to police-involved shootings, the board will review other officer-involved deaths, such as in-custody deaths and people killed in traffic collisions during vehicle pursuit by police.
Two of the men shot to death, Barawis, a 38-year-old parolee, and Yanagawa, a 29-year-old prison furlough violator, were reportedly wanted by police for a Jan. 31 shooting at Honolii Lookout in Hilo that critically injured a Kona man, William Holbron-Kealoha.
Barawis was shot and killed by officers Feb. 5 in the McDonald’s drive-thru at Puainako Town Center in Hilo. Police say Barawis was heavily armed and drove at officers, who fired in response. A woman who was in the car with Barawis was critically injured by gunfire.
Yanagawa was killed four days later in a shootout with officers in the Hilo Wal-Mart parking lot. Police say Yanagawa shot first.
“I don’t think there’s anyone saying that these are not a lawful use of force,” Roth said.
Circumstances surrounding the other two fatal shootings appear less clear-cut, although police say those victims were armed, as well.
Rapoza, 25, of Hilo, was fatally shot June 6 by an officer at a home on East Kawailani Street. Police say Rapoza chased Fire Department ambulance personnel back into their vehicle with a dog and knife. An officer dispatched to the scene was confronted, according to police, and shot Rapoza and the pit bull.
Medeiros, 36, of Keaau, was shot and killed July 22 by an officer on Beach Road off Kaloli Drive in Hawaiian Paradise Park. Police say Medeiros was sitting alone in a pickup truck with a handgun and when two officers approached the truck, a struggle ensued.
During the struggle, Medeiros allegedly pointed the handgun at one of the officers and the officer fired in response, killing Medeiros.
Other media reported that Medeiros was possibly suicidal, but police declined to comment on those reports.
“Obviously, with those four shootings and people ultimately dying, one can certainly see a need that there is a thorough, independent investigation that would coincide with the regular police investigation. And although it’s not implemented for these four deaths in the new bill, certainly I think people will understand and agree on what our intent was,” Espero said.
“Hopefully, at the end of the day, it works and the public’s trust and faith in the system will remain or be stronger.”
Email John Burnett at
jburnett@hawaiitribune-herald.com.
