Posted on: Saturday, December 8, 2001

Barques family sought city, HPD apology

By Brandon Masuoka
Advertiser Staff Writer

The attorney representing the relatives of a Hale'iwa man who was fatally shot by a police officer in 1998 said they were pleased with a federal jury's verdict that found the city liable for the death but felt the punishment was too lenient.

On Thursday, a U.S. District Court jury found the city liable for the death of Fortunato Barques III and awarded his children, ages 10 and 14, $50,000.

Barques, 37, was shot twice in the back on May 5, 1998, near a heiau at Pupukea on O'ahu's North Shore. He died two months later.

The Honolulu prosecutor's office earlier determined that the shots fired by HPD Officer Mark Boyce — after he noticed that Barques was armed — were justified because he believed he was protecting himself against death or serious bodily injury.

The jury found that Boyce used excessive force and violating Barques' constitutional rights, but the jury did not find that he was negligent or committed battery against Barques, said Myles Breiner, lawyer for Barques' family.

Breiner said the family was satisfied with the city's being held accountable but not totally satisfied with the outcome, saying there was never an apology.

He said this is the first time, as far as knows, that the Honolulu Police Department "was found to use excessive force resulting in death of another person." The verdict sent a message to HPD and the city to train officers better, he said.

The attorney for the city, James Kawashima, could not be reached for comment yesterday.

HPD spokeswoman Michelle Yu said Boyce, 40, is a nine-year veteran and was promoted to detective in February 2000. Boyce could not be reached for comment.