A state law enforcement officer charged with of a minor on the Big Island is a former Honolulu policeman who was fired in 2012 after falsifying reports and lying to investigators about his whereabouts when he was transporting an underage runaway.

Ethan Ferguson, 39, was arrested Thursday by the after a teenager reported she was sexually assaulted at a beach park in Hilo by a man dressed in a law enforcement uniform.

Ferguson has been a DLNR officer since June 27, 2013. On Monday, the Honolulu Police Department confirmed he had been discharged in 2012 after nearly 12 years on the force.

Officials with HPD refused to comment on Ferguson鈥檚 discharge or recent arrest.

The DLNR hired a fired Honolulu police officer who now stands accused of sexually assaulting a teenage girl.
The DLNR hired a fired Honolulu police officer who’s now been accused of sexually assaulting a teenage girl. Cory Lum/CIvil Beat

Civil Beat has written about Ferguson before. In a 2014 story, Civil Beat reported that the only information available about his discharge comes from an annual report submitted to the Legislature about police officer misconduct. That’s because the department said it had already destroyed his full disciplinary file. That annual report, which noted Ferguson鈥檚 discharge as coming in 2013, describes his offense this way:

鈥淭he officer transported a juvenile female runaway without a supervisor鈥檚 authorization and was untruthful during the investigation. It was also determined that the officer altered another officer鈥檚 name and badge number in a police log book and submitted a falsified mileage record.鈥

The report also says Ferguson violated HPD鈥檚 Standards of Conduct related for 鈥淥bedience of Laws and Regulations.鈥

According to a Hawaii County Police Department , Ferguson was charged Friday with two counts of second-degree sexual assault and three counts of fourth-degree sexual assault. His bail was set at $13,000 and he was聽scheduled to make his first appearance in court Monday.

It鈥檚 unclear whether DLNR knew if Ferguson had been fired from HPD.聽DLNR Director Suzanne Case declined聽Civil Beat鈥檚 request for an interview Monday after HPD confirmed Ferguson had been fired from the department before going to work for the state.

Ethan Ferguson was fired from the Honolulu Police Department for misconduct, but was still able to get a job with DLNR on the Big Island as a law enforcement officer.
Ethan Ferguson was fired from the Honolulu Police Department for misconduct, but was still able to get a job with DLNR on the Big Island as a law enforcement officer. 

Officials from DLNR released a statement Friday saying that it performs criminal background checks on all prospective employees and that the department will launch an internal investigation into the sexual assault allegations against Ferguson. The department also said Ferguson has been placed on administrative leave with pay.

DLNR Spokeswoman Deborah Ward issued another statement Monday saying the department is now reviewing its records to determine what steps were followed during Ferguson’s hiring process to verify what information was provided to the agency.

But the case raises questions about how or even whether information on cops who are disciplined for misconduct is shared with other law enforcement agencies.

The Ferguson matter is concerning to state Sen. Will Espero, who for years has been pushing legislation that demands more accountability of police officers, especially those who are involved in misconduct.

Police misconduct in Hawaii is notoriously difficult to track due in large part to the fact that the public is precluded from accessing most information聽involving bad cops.

Espero, who sent Case an email Monday demanding answers from her about Ferguson鈥檚 hiring, told the DLNR director there needs to be better oversight of all law enforcement officers in the state.

鈥淭here is a need for a permanent statewide database for individuals who have been fired or terminated from all county and state law enforcement agencies in Hawaii,鈥 Espero told Case.

鈥淚 believe this database should also include law enforcement officers who were forced to resign due to criminal activity, bad behavior, or misconduct. A database like this would have allowed DLNR staff to know Ferguson was fired from HPD if indeed he is the same person.鈥

Hawaii is the only state without a statewide standards and training board. It also does not require police officers to be licensed before being issued a badge and gun. At least 44 states revoke an officer鈥檚 license for wrongdoing, which can keep bad cops from bouncing from department to department.

Espero has introduced bills in the last couple years that would have implemented a licensing program聽as well as create a statewide standards and training board for law enforcement officers, including those working at county police departments and state agencies, such as the DLNR. The bill would have聽given the board the authority to revoke licenses for misconduct.

His measures, however, have never gained any traction聽in the Legislature.聽He has said he will continue to push for a standards board in 2016.

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