������Ƶ

Enjoying Hawaii’s scenic hiking trails is one of the major rewards of our spectacular islands. No doubt Johnny Helm and Jonah Wellins shared that sentiment as they set out one February day on the Lanipo Trail off Wilhemina Rise, 3½ years ago.

But when eight heavily armed Honolulu Police Department officers dressed in combat gear came upon them as they descended the trail, screaming profanities and violently pushing both face-first to the ground, those beautiful surroundings likely seemed more like the middle of a jungle in a war zone.

Helms was nearly knocked unconscious and left with broken bones in his face and a nasty tear above his eye; Wellins’ facial injuries weren’t as severe, but he and Helms said they were both held to the ground by boots on their necks, Wellins with a gun barrel to his head. Police were in the area looking for a robbery suspect who didn’t resemble either man, and officers had been advised via radio communication that Helms and Wellins were “not the guys,” according to Helms’ attorney.

Anyone who follows the news knows that such police behavior is hardly limited to Hawaii. In just the past year, we’ve seen far worse in a great many places — from the death in Baltimore to the Cleveland incident in which 12-year-old was killed. At least Helms and Wellins survived their ordeal and have received a modicum of justice through a $167,500 payment the city made to settle the men’s lawsuit against HPD.

Still, their case raises troubling questions regarding oversight of HPD, chief of which is certainly, “What oversight?”

The Honolulu Police Commission investigated the matter, and concluded that the eight officers had used unnecessary and excessive force and engaged in conduct unbecoming an officer. Other than the settlement payment, HPD and the city essentially ignored the findings and did nothing to discipline any of the officers.

HPD Deputy Police Chief Dave Kajihiro said that in use of force cases, it can be hard for police commissioners to understand police tactics and that the settlement in this case may have been a simple matter of economics: cheaper than going to trial.

We are a city and state governed by laws, and police officers charged with enforcing those laws are not supposed to be above them. That the officers could escape with no punishment whatsoever is a reality that ought to concern everyone in Honolulu.

This case raises extraordinarily troubling questions regarding oversight of HPD, chief of which is certainly, “What oversight?”

The explanation is remarkably straightforward.

• As per the City Charter, the Honolulu Police Commission only has investigative authority and no disciplinary powers. It also has no role in cases in which officers are being investigated for potentially criminal actions.
• Hawaii continues to be the only state without a police standards board responsible for police training or law enforcement standards, practice and procedures. In fact, whether cases of police misconduct and the names of the officers involved should even be public record is still a matter of legal dispute.
• To date, there has been little political will to address these longstanding issues, thanks to the heavy-handed influence of the police union, which is far too quick both to defend questionable police actions and to attack those who seek to rein in bad actors.

A record number of police reform bills were filed in the last legislative session, and only the least consequential of the measures passed, despite some shocking examples of police misconduct in preceding months. There was HPD Sgt. Darren Cachola, for instance, who went unpunished despite being caught on videotape striking his girlfriend last September at a Waipahu restaurant. And the HPD officer who violently slammed a man to the ground last February in Palolo but wasn’t charged with a misdemeanor until late July. He likely would have escaped any punishment had the incident not been recorded on video by a witnesses.

All of this is why the work of the Honolulu Charter Commission is particularly important this year. The commission is engaging in its once-a-decade review of the City Charter, and this Thursday will hold a public meeting specifically to discuss oversight of the city police and fire departments. The chair of the charter commission said that whether the police commission is effectively “policing the police” will be one of the questions up for discussion.

Members of the public can submit their own ideas for charter commission consideration or comment on existing proposals. The last time the commission reviewed the charter, it put 12 ballot measures in front of voters. Eight of them passed.

Citizens shouldn’t miss this opportunity to push for the much-needed oversight of our police that the city and state governments refuse to provide on their own.