Shooting victim sues city, police

By Curtis Lum
Advertiser Staff Writer

A man who was shot by a Honolulu police officer in January 2001 filed a lawsuit yesterday against the officer and the city, alleging that his civil rights were violated.

The lawsuit was filed on behalf of Kelly Donnarumma by attorney Stuart Fujioka in Circuit Court. Named as defendants were Officer Keaka Atkinson, Police Chief Lee Donohue and the city. Attorneys for the city could not be reached for comment yesterday.

On Jan. 14, 2001, Donnarumma was riding a motorcycle in Mililani when a police officer, identified in the lawsuit as Atkinson, pursued him to a dark construction site at the end of Meheula Parkway. Police earlier that evening received a report that a man on a motorcycle had threatened another man with a gun and demanded money.

Donnarumma was shot after reaching into a backpack for what the officer thought was a handgun. No gun was found, but the backpack did contain a cellular phone — and illegal drugs and drug paraphernalia, police said at the time.

Donnarumma was treated for a wound to the neck. He also was charged with unauthorized use of a propelled vehicle, second-degree promotion of a dangerous drug, unlawful use of drug paraphernalia, and third-degree promotion of a detrimental drug.

In June 2001, the city prosecutor's office said it would not file criminal charges against Atkinson. The prosecutor's office said it came to this conclusion after reviewing Police Department internal affairs reports, a statement from Donnarumma and its own investigation.

But Donnarumma alleges in the lawsuit that Atkinson shot him without issuing any warnings or commands. Donnarumma said his actions on Jan. 14 did not pose an unreasonable threat to the officer and the force used was "excessive."

He is seeking an unspecified amount in damages.