Excerpts from Kagawa vs Hawaii County PD, Dec 14, 2022, 3CCV-22-0000422
11. MR. CHRISTOPHER KAGAWA is a forty-four (44) year old male and was born and raised on the Big Island in Hilo, Hawaiʻi.
12. MR. KAGAWA is married to Dalaney Kagawa and they have one (1) daughter.
13. MR. KAGAWA lived on the Big Island his entire life until he was forced to relocate to the mainland on or about June 2022 due to the actions of the HPD as discussed below.
14. MR. KAGAWA has been a law-abiding citizen with no criminal record.
15. Around March 2009, MR. KAGAWA and his wife used all of their life savings and purchased several concrete pumping machines in order for MR. KAGAWA to start his own business, Infinity Concrete Pumping (“ICP”).
16. Eventually, MR. KAGAWA’s company grew into the biggest concrete pumping company on the Big Island.
17. Over the years, MR. KAGAWA used his position as a business owner to donate services to his community as well as to the County of Hilo.
18. For example, since around 2009, MR. KAGAWA provided his company’s services free of charge to Habitat for Humanity’s annual “Blitz Build.”
19. MR. KAGAWA also donated and volunteered his company’s services at Panaʻewa Zoo, Veteran’s Memorial, Sure Foundation Church, New Hope Church, Volcano and Honokaʻa skate parks, and Waimea School.
20. MR. KAGAWA was in the process of doubling the size of his fleet as well as registering ICP with the Local Three Operating Engineers Union until the HPD’s unlawful misconduct forced him and his family to relocate to the mainland
21. MR. KAGAWA had no arrest record other than the wrongful arrest for Terroristic Threatening I and Terroristic Threatening-Person by the HPD which is part of this action.
22. As MR. KAGAWA did nothing wrong and committed no crime, both of the above referenced Terroristic Threatening charges were eventually dismissed by the Hawaiʻi County Prosecuting Attorney’s office.
23. There was clearly insufficient evidence to prosecute MR. KAGAWA and the evidence in fact showed that he was the victim of HPD’s unlawful misconduct.
24. MR. KAGAWA continues to suffer from physical ailments as well as severe emotional distress due to the HPD’s misconduct and was forced to relocate to the mainland out of fear for his life and safety of his family due to the wrongful actions and inactions of the DEFENDANTS.
MR. KAGAWA’S FAMILY IS THREATENED BY HIS EMPLOYEE
25. Around August 2018, MR. KAGAWA hired Llewellyn Kaui to work for ICP as a laborer and concrete pump operator.
26. Within six (6) months of Mr. Kaui being hired, MR. KAGAWA began having issues with Mr. Kaui’s behavior at the workplace.
27. Mr. Kaui displayed anger management issues, erratic mood swings, and his attendance was unreliable.
28. Mr. Kaui even threatened to kill MR. KAGAWA and his family.
29. Between around December 2019 and July 2021, Mr. Kaui had several altercations with coworkers or colleagues at different jobsites and often notified MR. KAGAWA of his desire to quit working for ICP due to mental health issues.
30. Mr. Kaui’s behavior became increasingly alarming to MR. KAGAWA.
31. Mr. Kaui often texted MR. KAGAWA statements that worried MR. KAGAWA. For example, Mr. Kaui texted MR. KAGAWA the following statements:
• “Fuck boss I going fucking snap I hate fucking life.”
• “I going to kill this cunt today.”
• “I like shoot everyone in this fucking house.”
• “Fuck that cunt I going to kill her.”
• “I going ram this fucking car in that fucking house.”
32. Moreover, based upon information and belief, Mr. Kaui had to be restrained while he choked his coworker at a job site and Mr. Kaui even pulled out a gun and shot a bird while he worked at a side job.
33. On or about July 3, 2021, Mr. Kaui had a mental breakdown at a jobsite and called MR. KAGAWA and threatened to kill MR. KAGAWA.
34. Based upon information and belief, Mr. Kaui then drove an ICP company truck so aggressively and erratically that his coworkers feared that Mr. Kaui was going to attack his coworkers with the truck.
35. Mr. Kaui then called MR. KAGAWA and threatened to kill MR. KAGAWA again.
36. Later that day, MR. KAGAWA discovered that the transmission and the engine to the ICP truck that Mr. Kaui drove was broken due to Mr. Kaui’s erratic driving.
37. After the aforementioned incident, Mr. Kaui never returned to work or asked MR. KAGAWA if Mr. Kaui could return to work.
38. MR. KAGAWA took Mr. Kaui’s actions as if he quit working for ICP.
39. A few days later on or about July 6, 2021, Vincente Batulanon, a colleague in the construction industry, warned Ms. Kagawa that her family could be in danger.
40. Mr. Batulanon notified Ms. Kagawa that Mr. Kaui communicated to him in the past that he wanted to kill MR. KAGAWA’s daughter and wife while MR. KAGAWA was at work.
41. On or about July 14, 2021, MR. KAGAWA contacted HFN Hawaiian Petroleum (“HFN”) and notified them of stolen and/or missing fuel credit cards for HFN.
42. Each ICP truck had a fuel credit card that could only be used at HFN to get fuel.
43. Approximately one (1) month earlier, Mr. Kaui notified MR. KAGAWA that an HFN fuel credit card was missing.
44. MR. KAGAWA also discovered that the replacement card in the damaged truck was missing.
45. HFN notified MR. KAGAWA of charges to the stolen and/or missing fuel credit cards that were unauthorized by MR. KAGAWA.
46. HFN also sent MR. KAGAWA video and/or pictures from their surveillance video camera that showed Mr. Kaui and his associates using the stolen HFN credit card.
47. From the pictures and video footage that HFN provided, MR. KAGAWA recognized Mr. Kaui’s associates who were either known criminals and/or associated with local gangs.
48. On or about July 14, 2021, MR. KAGAWA called the HPD to report that ICP’s truck was intentionally damaged by Mr. Kaui and that a company fuel credit card for HFN was stolen and used by Mr. Kaui.
49. Later that day, HPD Officer Noah Serrao arrived at ICP’s base yard to get a statement from MR. KAGAWA and Ms. Kagawa.
50. MR. KAGAWA and Ms. Kagawa provided Ofc. Serrao the names of the witnesses that saw Mr. Kaui driving the truck erratically and also notified Ofc. Serrao of the unauthorized use of the stolen fuel credit card in the amount of $6,177.82.
51. MR. KAGAWA also notified Ofc. Serrao of the death threats Mr. Kaui made directly to MR. KAGAWA as well as to other witnesses in regard to MR. KAGAWA and his family.
52. Shockingly, Ofc. Serrao told MR. KAGAWA that Ofc. Serrao did not have all the information Ofc. Serrao needed to file a police report and that Ofc. Serrao was not sure of what needed to be done.
53. Ofc. Serrao gave MR. KAGAWA a HPD identify theft packet report containing documents for MR. KAGAWA to fill out and submit to the HPD.
54. Ofc. Serrao also told MR. KAGAWA that Ofc. Serrao probably needed to do research as to what other information Ofc. Serrao would need to file a police report.
55. Ofc. Serrao then told MR. KAGAWA that Ofc. Serrao would call him back on July 19, 2021 to follow up.
56. Ofc. Serrao never called MR. KAGAWA to follow-up.
THE WRONGFUL ARREST OF MR. KAGAWA AND POLICE MISCONDUCT BY HPD
57. On July 22, 2021 around 5:00 p.m., MR. KAGAWA was talking story after work with two (2) of his employees, Mike Morrison and Devin Lopes.
58. They were at MR. KAGAWA’s house which was also ICP’s base yard.
59. Mr. Lopes told MR. KAGAWA that a worker from the job he was at earlier in the day, Isaiah Amaral, asked Mr. Lopes if Mr. Kaui still worked for ICP.
60. Mr. Lopes told him, “No.”
61. Mr. Amaral also told Mr. Lopes that Mr. Amaral was a neighbor of Mr. Kaui and the night before Mr. Amaral saw Mr. Kaui pull out a gun and point it at Mr. Kaui’s uncle who lived across the street.
62. As Mr. Lopes told the story to MR. KAGAWA, Mr. Kaui texted Mr. Morrison, as follows: “Bro y Chris [referring to MR. KAGAWA] telling people I stole money? Bro I don’t steal.”
63. Mr. Morrison then texted him back an HFN invoice that MR. KAGAWA provided which showed unauthorized charges from the stolen HFN credit card.
64. Mr. Kaui then called MR. KAGAWA.
65. MR. KAGAWA told Mr. Kaui that he filed a police report against Mr. Kaui and did not want to talk to him anymore and then ended the call.
66. Mr. Kaui immediately called MR. KAGAWA back several times until MR. KAGAWA finally answered.
67. Mr. Kaui was on the phone crying and sounded unstable.
68. Mr. Kaui denied stealing the HFN fuel credit cards and also denied ever threatening to kill MR. KAGAWA.
69. Mr. Kaui also stated, “I’m coming over!”
70. MR. KAGAWA immediately ended the call once again and told Mr. Morrison and Mr. Lopes that Mr. Kaui was coming over and they should leave because Mr. Kaui was unstable.
71. Mr. Morrison and Mr. Lopes immediately left.
72. Shortly thereafter, Mr. Kaui texted MR. KAGAWA and stated, “Please don’t shoot me I’m coming… I promise I will never do anything to you and your family… please don’t shoot me.”
73. MR. KAGAWA texted back, “You the one saying you goin to kill my family. Not me.”
74. Luckily, Ms. Kagawa and her daughter were not home at the time.
75. Mr. Kaui also called Ms. Kagawa at this time and left a message that made her concerned for safety.
76. Mr. Kaui continued to call Ms. Kagawa after he left the message, but she did not answer out of fear.
77. Based on Mr. Kaui’s history of erratic and violent behavior as well as the death threats he made directly and indirectly to MR. KAGAWA and his family, MR. KAGAWA believed Mr. Kaui was coming to his house to harm MR. KAGAWA and his family.
78. Based on information and belief, MR. KAGAWA was aware of at least eight (8) individuals who heard Mr. Kaui threaten to kill MR. KAGAWA and/or his family.
79. Moreover, up to this point MR. KAGAWA identified Mr. Kaui’s associates from the HFN video footage who were either known criminals and/or associated with local gangs.
80. Consequently, MR. KAGAWA removed several of his lawfully owned and registered firearms from his safe in the event he needed to protect himself from Mr. Kaui and any other individuals who may have accompanied Mr. Kaui.
81. MR. KAGAWA armed himself with several firearms and strategically placed other firearms inside the house in case he needed to protect himself from Mr. Kaui and/or any other individuals that may have accompanied Mr. Kaui.
82. Mr. Kaui then texted back, “Boss I stay here please don’t shoot I’m walking up with my hands.”
83. As soon as MR. KAGAWA received the text, he looked down his driveway and saw Mr. Kaui’s vehicle parked at the end of MR. KAGAWA’s driveway blocking it.
84. Mr. Kaui then walked up MR. KAGAWA’s driveway and started taking his clothes off and Mr. Kaui appeared to be under the influence of drugs.
85. MR. KAGAWA was on his porch when Mr. Kaui arrived.
86. MR. KAGAWA had a long driveway approximately five hundred fifty feet (550’).
87. MR. KAGAWA yelled at Mr. Kaui several times to stop and leave his property and that he was calling the police.
88. At no time did Mr. Kagawa threaten to kill Mr. Kaui and/or harm Mr. Kaui.
89. Mr. Kaui did not stop and proceeded to walk up the driveway and acted unstable.
90. Eventually, Mr. Kaui had taken off all of his clothes except his underwear while he walked towards MR. KAGAWA.
91. As Mr. Kaui got closer, MR. KAGAWA became increasingly startled by Mr. Kaui’s unstable behavior and MR. KAGAWA accidentally dropped his phone on the ground while he was standing on his porch.
92. When MR. KAGAWA turned around to pick up his phone off the ground Mr. Kaui appeared to lunge towards MR. KAGAWA.
93. At that moment, which was within just a few minutes upon Mr. Kaui arriving, the HPD showed up at entrance of MR. KAGAWA’s driveway.
94. MR. KAGAWA had not yet called the HPD and he does not know who called them.
95. MR. KAGAWA was relieved to see the HPD had arrived, so he put down his firearms.
96. Based on MR. KAGAWA’s recollection, HPD Officer ALRIC DALERE was the initial officer that approached MR. KAGAWA and pointed his assault rifle at MR. KAGAWA and yelled, “Who are you?!”
97. Based on MR. KAGAWA’s recollection, close behind OFC. DALERE were HPD Officers Oliver Agustin, Carvalho, and Joshua Baumgarner who pointed their pistols at MR. KAGAWA.
98. Based on MR. KAGAWA’s recollection, there were other multiple HPD officers at the scene.
99. MR. KAGAWA replied, “I’m Chris Kagawa the homeowner!”
100. OFC. DALERE proceeded to approach MR. KAGAWA and then handcuffed MR. KAGAWA.
101. MR. KAGAWA immediately was in extreme pain and discomfort in his hands and wrists because the handcuffs were on too tight.
102. MR. KAGAWA did not see if the HPD handcuffed Mr. Kaui.
103. As MR. KAGAWA was getting handcuffed, he observed the other responding HPD officers passing him and heading into his residence.
104. Ofc. Baumgarner yelled, “We are going to search the house.”
105. MR. KAGAWA replied, “No.”
106. Ofc. Baumgarner replied, “We have to check to make sure nobody is in the house!”
107. MR. KAGAWA replied, “Ok” with the understanding that the HPD were only going to check that nobody else was inside his residence.
108. Ofc. Baumgarner also asked MR. KAGAWA if anyone else was home.
109. MR. KAGAWA replied, “No,” and also stated that his wife and daughter were not present, and they were notified to stay away from the residence because Mr. Kaui called Ms. Kagawa a few minutes earlier and sounded crazy.
110. Ofc. Baumgarner and other responding HPD officers then went into MR. KAGAWA’s residence.
111. When Ofc. Baumgarner came out of the house he questioned MR. KAGAWA about the firearms he found in the house.
112. Ofc. Baumgarner asked if the firearms were registered.
113. MR. KAGAWA replied, “Yes, they’re mine and yes they’re registered.”
114. Ofc. Baumgarner also asked MR. KAGAWA if he took any medication.
115. MR. KAGAWA replied, “Yes,” and told Ofc. Baumgarner where to find the medication.
116. The HPD then went back into the house and came out with Ms. Kagawa’s medication which was in a totally different location than what MR. KAGAWA had told Ofc. Baumgarner.
117. Ofc. Baumgarner then again asked MR. KAGAWA if the firearms in the house were registered.
118. MR. KAGAWA replied, “yes.”
119. It appeared to MR. KAGAWA that the HPD were treating MR. KAGAWA as a suspect.
120. The HPD officers continued to go in and out of MR. KAGAWA’s house without any explanation or justification after they determined there was no one else in the house.
121. Later, MR. KAGAWA discovered that one (1) upper receiver for a rifle and one (1) registered .22 caliber rifle were missing from his house.
122. MR. KAGAWA believed the HPD stole the upper receiver and his registered .22 caliber rifle when they searched his house.
123. Ofc. Carvalho picked up MR. KAGAWA’s phone that was on the ground at the porch and asked MR. KAGAWA, “Is this your phone?”
124. MR. KAGAWA replied, “Yes, it’s mine”.
125. Ofc. Carvalho then placed the cell phone with MR. KAGAWA’s firearms down on the ground.
126. The whole time MR. KAGAWA was handcuffed he had extreme discomfort in hands and wrists because the handcuffs were on too tight and he was soaking wet as it was raining the entire time.
127. The police acknowledged that the handcuffs on MR. KAGAWA were too tight but the HPD refused to loosen them.
128. Ofc. Baumgarner again asked MR. KAGAWA if the firearms were registered to MR. KAGAWA and asked if they were all legal.
129. MR. KAGAWA replied, “Yes.”
130. Ofc. Baumgarner then called HPD to determine if the guns were registered.
131. HPD responded that MR. KAGAWA had more than thirty (30) firearms registered to him.
132. The HPD continued to go in and out of MR. KAGAWA’s residence and grabbed all the firearms they could find.
133. At no point did MR. KAGAWA allow the HPD back in his residence after they determined no one else was in the house.
134. MR. KAGAWA observed several HPD officers take all the firearms that were located in MR. KAGAWA’s house and placed them in a pile on MR. KAGAWA’s porch.
135. MR. KAGAWA also observed an unidentified HPD officer trying to get a hold of an HPD officer named “Mike.”
136. The HPD officer kept stating that the HPD officers had to wait for “Mike”, and that the HPD could not take the firearms that belonged to MR. KAGAWA until they got a hold of “Mike.”
137. The HPD officer let MR. KAGAWA’s dogs out of the house and ignored MR. KAGAWA when he asked them to get put his dogs back in the house.
138. Ofc. Baumgarner then came out of the house and approached MR. KAGAWA with the other HPD officers surrounding MR. KAGAWA and thanked MR. KAGAWA for not being crazy.
139. Ofc. Baumgarner also told MR. KAGAWA that he was going to be arrested.
140. The other HPD officers tried to decide who would take MR. KAGAWA to the HPD station.
141. OFC. DALERE volunteered to take MR. KAGAWA to the HPD station.
142. MR. KAGAWA was eventually arrested for Terroristic Threatening I and Terroristic Threatening-Person even though MR. KAGAWA never threatened anyone.
143. Mr. Kaui trespassed onto MR. KAGAWA’s property and MR. KAGAWA feared for his life.
144. Clearly, HPD’s officers had no interest in listening to the complaints of MR. KAGAWA and arrested MR. KAGAWA in spite of the clear wrongdoing of Mr. Kaui.
145. Based on information belief, the reason that Mr. Kaui was not arrested was because of Mr. Kaui’s familial relationship with HPD personnel.
146. Based upon information and belief, Mr. Kaui was never detained and/or arrested and was allowed to freely leave MR. KAGAWA’s residence that night.
147. Based upon information and belief, while MR. KAGAWA was handcuffed on his porch, Mr. Kaui walked around freely with OFC. DALERE and Ofc. Agustin present.
148. Based on information and belief, while MR. KAGAWA was handcuffed on his porch, the HPD told a bystander that MR. KAGAWA enticed Mr. Kaui to come to MR. KAGAWA’s house and when Mr. Kaui did, MR. KAGAWA made Mr. Kaui do crazy stuff.
149. Based upon information and belief, Mr. Kaui is related to at least one (1) of the responding HPD officers that night and/or a close family friend.
150. Based upon information and belief, OFC. DALERE is friends with Mr. Kaui and his family on Facebook.
151. Based upon information and belief, Mr. Kaui was an informant for the HPD.
152. Based upon information and belief, Mr. Kaui’s associates that were on the video using ICP’s stolen fuel card were informants for the HPD.
153. While MR. KAGAWA was being transported, MR. KAGAWA told OFC. DALERE multiple times that MR. KAGAWA was scared for himself and his family’s safety because of the death threats made by Mr. Kaui.
154. MR. KAGAWA also notified OFC. DALERE of the police report MR. KAGAWA made a week earlier against Mr. Kaui.
155. OFC. DALERE ignored MR. KAGAWA.
156. When MR. KAGAWA was finally processed and moved to the HPD cell block, MR. KAGAWA was notified that his wife was bringing his medication to the HPD station.
157. MR. KAGAWA notified the HPD that he was previously diagnosed with insomnia, high blood pressure, and gout.
158. As soon as MR. KAGAWA was placed into the cell, he informed an HPD officer that he had pain and numbness in his hands, arms, and chest.
159. An HPD officer told MR. KAGAWA that they did not have a nurse.
160. MR. KAGAWA asked an HPD officer if Ms. Kagawa could bring MR. KAGAWA some dry clothes.
161. The HPD ordered MR. KAGAWA to take off his socks and put them inside out and put them back on even though MR. KAGAWA and his clothes were soaking wet.
162. After some time, two (2) individuals MR. KAGAWA believed were from the Hilo Fire Department assessed MR. KAGAWA’s medical condition.
163. The medical personnel told MR. KAGAWA that MR. KAGAWA may have nerve damage and that he needed to go to the hospital.
164. After some time, the HPD took MR. KAGAWA to the hospital.
165. While at the hospital, it was determined that MR. KAGAWA had a stroke while in custody of the HPD.
166. As a result of the stroke, MR. KAGAWA lost feeling and strength in his right hand, his thumb and fingers in his right hand were desensitized, and had increased hearing problems in his right ear.
167. After some time at the hospital, the HPD took MR. KAGAWA back to the HPD cell block and identified his medications they had.
168. The HPD then asked MR. KAGAWA if he still wanted his medicine.
169. MR. KAGAWA replied, “Yes, I need them.”
170. In summation of his time in custody, MR. KAGAWA was denied his high blood pressure medication, had a stroke, was in pain from the handcuffs, was soaking wet in the freezing cold cell and was denied dry clothes even after he returned from the hospital, and was not provided prompt medical attention when it was needed.
171. The next day, OFC. DALERE and SGT. MICHAEL SANTOS took MR. KAGAWA into an interrogation room even though MR. KAGAWA’s attorney, the late Brian DeLima, called the HPD the night before and ordered the HPD that no one was to question MR. KAGAWA without Mr. DeLima present.
…
188. MR. KAGAWA also notified OFC. DALERE and SGT. SANTOS that Mr. Kaui had history of brandishing firearms at job sites and Mr. Kaui’s residence.
189. SGT. SANTOS cutoff MR. KAGAWA midsentence and stated, “Mr. Kaui does not have any firearms registered to him.”
190. MR. KAGAWA found SGT. SANTOS’ statement suspicious and wondered why they were protecting Mr. Kaui.
191. SGT. SANTOS also told MR. KAGAWA that the police report MR. KAGAWA made against Mr. Kaui was never completed.
…
AFTER MR. KAGAWA WAS ARRESTED THE HPD CONTINUED THEIR MISCONDUCT
199. Approximately one (1) week after MR. KAGAWA was released, he returned to the HPD station to submit the identity theft packet that Ofc. Serrao provided to MR. KAGAWA on or about July 14, 2021.
200. MR. KAGAWA was accompanied with his father-in-law and Ms. Kagawa.
201. MR. KAGAWA requested to speak with a ranking HPD officer to turn in the identity theft packet.
202. HPD Lieutenant Todd Pataray came out to speak to MR. KAGAWA.
203. MR. KAGAWA notified Lt. Pataray that he had an identity theft packet to submit and also told the story of his wrongful arrest.
204. Lt. Pataray acknowledged hearing about MR. KAGAWA’s arrest and Lt. Pataray stated that several HPD officers looked at MR. KAGAWA’s confiscated firearms when they were submitted to the HPD station.
205. Lt. Pataray stated to MR. KAGAWA, “[W]e were all drooling over your guns because you had nice guns. By the way, do you want to sell me your .50 caliber?”
206. MR. KAGAWA was shocked by Lt. Pataray’s statement and replied, “[Y]ou guys took all my stuff…when do I get my guns? You guys took something you shouldn’t have taken anyways”
207. Lt. Pataray replied to MR. KAGAWA and stated that MR. KAGAWA’s charges of Terroristic Threatening I and Terroristic Threatening-Person were serious and that if MR. KAGAWA was guilty then the HPD would destroy all of MR. KAGAWA’s confiscated firearms.
208. The weeks following MR. KAGAWA’s wrongful arrest, he attempted to retrieve his firearms that were taken by the HPD but MR. KAGAWA was denied because of his pending Terroristic Threatening I and Terroristic Threatening-Person charges.
209. On or about October 8, 2021, MR. KAGAWA went to the HPD station to retrieve his legally registered firearms that the HPD confiscated the night MR. KAGAWA was arrested.
210. The HPD finally allowed MR. KAGAWA to retrieve his firearms after weeks of requests from MR. KAGAWA.
211. Upon picking up his firearms from the HPD station, MR. KAGAWA discovered that one (1) registered .22 caliber bolt action rifle was missing from the firearms being returned.
212. MR. KAGAWA knows that particular rifle was in fact in his safe the night he was arrested.
213. MR. KAGAWA then notified the HPD officer that was returning the firearms of the missing rifle and MR. KAGAWA also requested the rifle back.
214. MR. KAGAWA also notified the HPD officer that an upper receiver for a rifle was taken from his house the night he was arrested.
215. The HPD officer referred MR. KAGAWA to another HPD officer.
216. MR. KAGAWA was then directed by another HPD officer to contact MR. KAGAWA’s arresting officer, OFC. DALERE.
217. MR. KAGAWA then called OFC. DALERE and left a message to notify OFC. DALERE that one (1) upper receiver for a rifle and one (1) registered .22 caliber rifle were missing/stolen.
218. MR. KAGAWA and/or his wife called OFC. DALERE countless times to notify him of the missing/stolen .22 caliber rifle.
219. To this day, OFC. DALERE never called back MR. KAGAWA or his wife.
220. On or about November 23, 2022, MR. KAGAWA’s attorney contacted the HPD to file a firearms theft report on behalf of MR. KAGAWA.
221. On or about November 28, 2022, MR. KAGAWA’s attorney contacted the HPD again to make a report of MR. KAGAWA’s stolen rifle.
222. MR. KAGAWA’s attorney spoke with Lieutenant Kim and notified him that MR. KAGAWA was unable to make a firearms theft report in-person because he now lives in the mainland and even if MR. KAGAWA was in Hawaiʻi, he’s fearful of interacting with the HPD.
223. Lt. Kim notified MR. KAGAWA’s attorney that MR. KAGAWA’s attorneys were not allowed to make a firearms theft report on behalf of MR. KAGAWA.
224. Lt. Kim directed MR. KAGAWA’s attorney to have MR. KAGAWA contact his local police department where he relocated in the mainland to file the firearms theft report and the report would eventually be forwarded to the HPD.
225. On or about November 28, 2022, MR. KAGAWA contacted his local police department where he relocated to in the mainland to file a firearms theft report as directed by the HPD.
226. The mainland police department told MR. KAGAWA, “[T]hat’s the stupidest thing we ever heard” and explained that they did not have jurisdiction to file the firearms theft report because the crime took place in Hawaiʻi in addition to the firearm never being in their state.
227. The mainland police department also notified MR. KAGAWA that he may want to contact the Federal Bureau of Investigation.
228. On December 2, 2022, MR. KAGAWA’s attorney, on behalf of MR. KAGAWA, mailed a letter to HPD Interim Chief Kenneth Bugado Jr. and stated that MR. KAGAWA had been left no other option than to contact Interim Chief Bugado Jr. directly for assistance in a filing a stolen firearms report in regard to Mr. Kagawa’s lawfully registered .22 caliber rifle.
229. The letter was received by the HPD on December 5, 2022.
230. In the letter, MR. KAGAWA requested that Interim Chief Bugado Jr. notify MR. KAGAWA of how Interim Chief Bugado Jr. would be proceeding with Mr. Kagawa’s request for assistance in a filing a stolen firearms report in regard to MR. KAGAWA’s lawfully registered .22 caliber rifle.
231. The letter also notified Interim Chief Bugado Jr. that if MR. KAGAWA did not hear back from the Interim Chief Bugado Jr. by December 12, 2022, then MR. KAGAWA will assume that the HPD is not interested in filing a report of theft in regard to MR. KAGAWA’s stolen .22 caliber rifle.
232. Interim Chief Bugado Jr. never responded to MR. KAGAWA’s letter.
233. The HPD has repeatedly either not responded to MR. KAGAWA or showed an unwillingness to file a firearms theft report.
234. Based on his recent interactions with the HPD, MR. KAGAWA is deeply concerned that his stolen firearm will be used in a crime and/or that he will be framed for a crime.
THE HPD TAMPERED WITH MR. KAGAWA’S CELL PHONE
235. About two (2) to three (3) weeks after MR. KAGAWA was arrested, he found his cell phone on his lawn approximately thirty feet (30’) away from his porch.
236. MR. KAGAWA was shocked to find the phone and that it still worked.
237. It had rained a lot in the two (2) to three (3) weeks since MR. KAGAWA had been arrested.
238. Surprisingly, MR. KAGAWA’s cell phone still functioned normally.
239. The night MR. KAGAWA was arrested, his wife used the app “Find my iPhone” to locate MR. KAGAWA’s cell phone and the app stated that MR. KAGAWA’s cell phone was at the HPD station.
240. MR. KAGAWA looked into his cell phone call and text log for the night he was arrested and discovered there was incoming and outgoing texts during the timeframe he was in police custody.
241. When MR. KAGAWA looked at his phone for the text messages, he discovered they were erased from his phone.
242. MR. KAGAWA later learned from his cell phone service provider that the sim card to his cell phone was switched out.
243. Clearly, the HPD tampered with MR. KAGAWA’s cell phone.
ADDITIONAL MISCONDUCT BY THE HPD
244. Ms. Kagawa also followed up with the HPD on the police report MR. KAGAWA made against Mr. Kaui to Ofc. Serrao on or about July 14, 2022.
245. Ofc. Serrao stated that the police report was turned into “rank.”
246. Ms. Kagawa also talked with Ofc. Agustin in regard to the July 14, 2022 police report and Ofc. Agustin stated that there was no record of the police report.
247. Several weeks later, MR. KAGAWA discovered that the prosecutor’s office had the July 14, 2022 police report, but it was only a portion of it.
248. The HPD did not turn in the full complaint regarding the theft of the fuel credit card and the complaint was only for terroristic threatening.
249. Based on information and belief, HPD was protecting Mr. Kaui and his accomplices that stole the fuel credit card from MR. KAGAWA.
250. MR. KAGAWA called the HPD for months in regard to his July 14, 2021 police report against Mr. Kaui, but nothing was done.
251. On or about July 29, 2021, MR. KAGAWA was at an ICP jobsite and recognized the cars next door and the people around the cars matched individuals from the surveillance video that HFN provided to him in regard to the stolen fuel credit card.
252. MR. KAGAWA also recognized a vehicle that was parked outside of his house the night he was arrested.
253. Based on information and belief, the vehicle belonged to one of Mr. Kaui’s associates.
254. The individuals recognized MR. KAGAWA and they stared at him in an intimidating manner.
255. Moreover, additional individuals came over and accompanied the individuals that stared down MR. KAGAWA.
256. MR. KAGAWA was scared for his life and had anxiety.
257. A similar incident like this happened before at an ICP jobsite and HPD told MR. KAGAWA that he should call the HPD if it happened again.
258. MR. KAGAWA called HPD to notify them of the vehicles and individuals and told them he recognized the vehicles and license plates from the HFN video surveillance camera.
259. The HPD said they would send an officer to the job site to meet MR. KAGAWA.
260. About a half an hour later, HPD Ofc. Doan called MR. KAGAWA and told MR. KAGAWA, “Once I get down there what do you want me to do?”
261. Ofc. Doan also told MR. KAGAWA to put up a fence at the jobsite and if the individuals jump over the fence to call the HPD.
262. MR. KAGAWA was shocked and confused by Ofc. Doan’s response.
263. MR. KAGAWA responded to Ofc. Doan and reiterated that the individuals recognized MR. KAGAWA and that he was concerned for his safety.
264. MR. KAGAWA’s reputation has been tarnished as a result of HPD’s inactions and misconduct. As a result, his business lost hundreds of thousands of dollars.
MR. KAGAWA OBTAINED A PERMANENT INJUNCTION ORDERED AGAINST KAUI
265. On about July 27, 2021, MR. KAGAWA filed an Ex Parte Restraining Order and Injunction Against Harassment Temporary Restraining Order Against Harassment against Mr. Kaui with a hearing date set for On August 11, 2021.
266. At the August 11, 2021 hearing, Mr. Kaui entered a “denial plea” and the case was continued to September 15, 2021 with a Court Order extending the temporary restraining order against Mr. Kaui.
267. At the September 15, 2021 hearing, Mr. Kaui asked for a continuance stating that his cousin who was a witness when MR. KAGAWA was arrested and can testify that MR. KAGAWA pulled out sixteen (16) guns against Mr. Kaui.
268. The only people that were directly at the scene of MR. KAGAWA’s arrest that Mr. Kaui could have been referring to as “his cousin” were HPD officers.
269. Based on information and belief, the witness Mr. Kaui referred to was OFC. DALERE….
read … Full Complaint
FB: Llewellyn Kaui
Coverage: Lawsuit: Police False Arrest Victim to Cover for Informant