A former police officer charged with fatally striking a bicyclist is scheduled to appear in court for a fitness hearing Friday accompanied by an attorney still seeking assurances the county will pay for his defense. ADVERTISING A former police officer
A former police officer charged with fatally striking a bicyclist is scheduled to appear in court for a fitness hearing Friday accompanied by an attorney still seeking assurances the county will pay for his defense.
Pahoa resident Jody Buddemeyer, 32, has pleaded not guilty to charges of first-degree negligent homicide, tampering with physical evidence and making a false report to law enforcement in connection with the March 1, 2015, crash that killed Jeffrey Surnow, a 69-year-old visitor from Michigan.
Buddemeyer, who was apparently terminated from the police force, remains free on $10,000 bail. Court proceedings were paused while he was examined by a physician for fitness to stand trial. The doctor’s report will be the subject of next week’s hearing.
The Hawaii County Police Commission on Friday postponed a decision on whether taxpayers should foot the bill for Buddemeyer’s defense. The commission plans to take up the issue again at its March 17 meeting at the West Hawaii Civic Center.
State law requires the county to pay for representation for officers prosecuted for a crime or sued in a civil action for acts done in the performance of the officer’s duty as a police officer.
But it also gives the police commissions authority to determine whether the act was done “in the performance of the police officer’s duty.”
“Every officer has the right to ask for counsel if they’re operating within the scope of their duty,” said Deputy Corporation Counsel Malia Ho, who advises the Police Commission.
But Hilo attorney Brian De Lima, who represents Buddemeyer, said the law is clear.
“He’s entitled to his defense, and the county is required to pay for his attorney,” De Lima said Friday. “I expect they will pay for his attorney. I don’t understand the delay. I expect to be compensated.”
Police say Buddemeyer was operating a subsidized patrol car eastbound and was on-duty when his vehicle struck and killed Surnow, of West Bloomfield Hills, Michigan, as he rode his bicycle eastbound up Waikoloa Road. The collision, which Buddemeyer reported at 6:25 a.m., occurred near mile marker 11.
A police misconduct report, which does not include names, said an officer was terminated in 2015 for tampering with the scene after being involved in a traffic fatality. Buddemeyer is no longer on the department’s sworn personnel list.
First responders with the Hawaii Fire Department initially reported the incident as a hit-and-run after Surnow was found lying face down near a “severely damaged” bicycle on the road’s shoulder. They noted he had died prior to their arrival.
Surnow was the owner of Birmingham, Michigan-based real estate firm Surnow Co. and founder of the annual Birmingham Bike Festival.
