Posted on: Thursday, February 5, 2004

Autopsy disputes claim of surrender

Associated Press

WAILUKU, Maui — A woman who was fatally shot by Maui police last month did not raise her hands to surrender, according to Maui County's medical examiner.

Dr. Anthony Manoukian said he reached that conclusion based on injuries Lisa Kaina suffered from glass that shattered when police fired through the driver's side window of the car she was in. Police said the car was stolen.

Manoukian said it looked like her hand was extended to either the steering wheel or gear shift lever.

Kaina's brother, Andy Tomita, earlier said witnesses told him she had her arms in the air.

Manoukian also said final toxicology test showed Kaina had taken crystal methamphetamine a couple of hours before the Jan. 23 shooting. He said the tests were unable to determine the level of impairment she might have experienced.

Police have said that Kaina, 27, was shot after she reversed the car toward an officer on foot following a police chase.

Two police officers on the driver's side of the vehicle each fired once, and one of the bullets struck Kaina in the head, killing her, authorities said.

Maui police Lt. Glenn Cuomo said the investigation is continuing, and police still have to determine which officer's weapon killed Kaina.