Posted on: Friday, April 20, 2001

Prosecutor says police were justified in June shooting

By Rod Ohira
Advertiser Staff Writer

The city prosecutor's office has determined that two Honolulu police officers acted in self-defense when they fired at a motorist they said was trying to run them down last spring.

Prosecutors cleared the officers of any criminal offense yesterday and announced that police were justified in shooting at motorist Elnora Hiers-Lavarias.

No one was seriously injured in the incident, which occurred June 14 on Kamehameha Highway, between Waimea Bay and Hale'iwa.

In a written statement, prosecutors said, "The state has concluded that both officers had reason to believe that Ms. Hiers-Lavarias was violent, had little regard for the safety of others, and posed a true danger to innocent motorists as well as to other police officers.

"Further, both had reason to believe that Ms. Hiers-Lavarias had threatened the use of deadly force against each of them, necessitating each of them to fire at her at different times in self-defense.

"Accordingly, their decisions to use deadly force to protect themselves and the community at large was a justified act under the law."

Hiers-Lavarias was eventually caught after her car collided with another vehicle on Waialua Beach Road and Goodale Avenue.

She was found not guilty by reason of insanity of first-degree criminal property damage and two counts of attempted first-degree assault.

Prosecutors, meanwhile, are still reviewing police shooting cases involving the deaths of Bernard Crivello in Waikiki last Oct. 3 and Michell Udani at Ala Moana Center on Jan. 13, and the wounding of a man Jan. 14 in Mililani. Also under review is a Feb. 1 incident in which a detective on an auto-theft stakeout in Makakilo fired a shot after being struck by a car and pinned between two vehicles.

Tuesday's shooting death of Levi Esperas on the H-2 Freeway is still being investigated and the case has not yet been submitted to prosecutors.

According to Hawai'i law, the use of deadly force by a police officer is not justifiable unless the arrest is for a felony involving the use or threatened use of deadly force, or there is substantial risk that the person to be arrested will cause death or serious bodily injury if capture is delayed.

The law also requires that officers avoid risking injury to innocent bystanders.