Ex-Honolulu Cop Offers $300,000 To Settle Suit With Bartender He Shot
If a judge signs off, Anson Kimura will pay the victim $300,000 and testify on her behalf as she goes after his former employer and colleagues in court.
A wayward bullet from his .38 Smith and Wesson could cost former Honolulu police officer Anson Kimura $300,000, according to recently filed court records.
Kimura accidentally shot a bartender in the stomach while at a King Street bar with colleagues in 2015.
The victim, Hyun Ju Park, who has incurred more than $1 million in medical bills, filed a lawsuit in April saying that the Honolulu Police Department should have done more to prevent the shooting because it knew Kimura had a drinking problem and history of emotional distress.
She said department officials also colluded with the police union to cover up the shooting in an effort to protect Kimura and two of his colleagues, Sterling Naki and Joshua Omoso, who were with him when he accidentally fired his gun.
All three men, Kimura, Naki and Omoso, are named as defendants in Park鈥檚 lawsuit, along with the city, which was their employer at the time.
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Kimura retired from the HPD before he pleaded guilty to second-degree assault and an internal investigation into his conduct was completed. The department disciplined at least 10 officers in connection with the incident.
But court records show that Kimura now wants to settle his portion of the lawsuit while Park and her attorneys continue to pursue matters further against his co-defendants in federal court. Kimura has even agreed to cooperate with Park鈥檚 attorneys.
Park is represented by the law office of Eric Seitz, a well-known Honolulu attorney, who frequently takes on high-profile police misconduct cases.
Seitz did not want to speak about the case or the proposed settlement agreement Thursday.
Late last month, Bronson Avila, an attorney in Seitz鈥檚 office, filed a proposed settlement agreement between Park and Kimura that would allow him to settle the case for $300,000.
The money, which comes from Kimura鈥檚 homeowners insurance policy, would be divided evenly 鈥 $100,000 apiece 鈥 between Park, Seitz鈥檚 law firm and Dongbu Insurance Co., which has paid for Park鈥檚 medical expenses using a workers compensation policy.
The proposed agreement also states that Kimura would cooperate with Seitz鈥檚 law firm and provide testimony on Park鈥檚 behalf in both the lawsuit and any other administrative matter that might arise as a result of her injuries.
The proposal also made clear that the settlement does not dismiss any of the claims Park made against Kimura with respect to his 鈥渙fficial capacity as a former employee of the Honolulu Police Department.鈥
Kimura鈥檚 attorney, J. Patrick Gallagher, did not return a phone call Thursday seeking comment on the proposed settlement agreement, but in court records he described the proposal as 鈥渆ntirely reasonable in light of the circumstances.鈥
Gallagher wrote that if Park wanted to get more than $300,000 out of Kimura 鈥渟he would face a long, expensive process with no guarantee of success.鈥
Gallagher added that settling the case now would allow both Park and Kimura to 鈥渁void the stress, uncertainty, and greater expense of further litigation and trial.鈥
Kenneth Lawson, who teaches criminal law at the University of Hawaii and is a co-director of the Hawaii Innocence Project, said that getting Kimura to settle is a 鈥渟mart move鈥 on the plaintiff鈥檚 part, especially when her complaint involves an alleged conspiracy within HPD.
He said the tactic is often employed by prosecutors in criminal cases in which key witnesses alleged to have taken part in wrongdoing refuse to testify. Offering immunity or leniency can be a means to get cooperation and insider information that helps crack the larger case.
鈥淎s a prosecutor you offer them a deal and you flip them, and that鈥檚 exactly what鈥檚 happening here,鈥 Lawson said. 鈥淭his settlement allows the plaintiff in this case not only to receive compensation for the victim, but it also requires (Kimura) to tell the truth in upcoming depositions and testimony about what happened to her.鈥
A federal judge still must sign off on the agreement before it is final. A hearing is scheduled for Aug. 31.
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Nick Grube is a reporter for Civil Beat. You can reach him by email at nick@civilbeat.org or follow him on Twitter at . You can also reach him by phone at 808-377-0246.