Two Maui officers shot at driver, police chief says
| • | Graphic: How the shooting in Pa'ia happened |
By Timothy Hurley
Advertiser Maui County Bureau
WAILUKU, Maui — Maui Police Chief Thomas Phillips yesterday said two officers, not one, fired at a stolen car on Friday, killing the woman driving the car after a chase in the north shore town of Pa'ia.
One bullet hit Lisa K. Tomita Kaina, 27, in the head. The second bullet hit a head-rest in the 2004 Cadillac DeVille she had taken from the Hertz car rental station at Kahului Airport just 11 minutes before she was killed.
In a separate development, county medical examiner Dr. Anthony Manoukian said yesterday that Kaina was under the influence of crystal methamphetamine, or ice, when she died.
The mother of three had been convicted of drug charges involving the use of crystal meth. Police officials said yesterday they recovered what are believed to be packets of the illegal drug that were in Kaina's possession at the scene of the shooting, which took place just before 4 p.m. in the busy town of restaurants and shops.
Speaking at a news conference, Phillips said that although the investigation is continuing, no criminal charges are expected to be filed against the two officers — one a nine-year Maui Police Department veteran and the other a three-year veteran.
The officers were standing within five feet of the driver's door when they fired, both shots shattering the driver's-side window, said lead investigator Lt. Glenn Cuomo.
Phillips said it is not known which officer fired the fatal shot. He would not identify the officers, who remain on paid administrative leave. The men and their families have been contacted by police chaplains and the department's Critical Incident Stress Management Team.
Questioned on the use of deadly force, Phillips said he stands by the officers.
"We don't have to lose an officer before they use force," he said. "They are taught to use force."
911 call
Once police are done with their investigation, the case will be forwarded to the Department of the Prosecuting Attorney to determine whether criminal charges are warranted. An internal investigation will determine whether any department policies were violated, Phillips said, and a tactical review will examine whether procedures can be improved.
Had she survived, Kaina would have been charged with various offenses, including robbery, terroristic threatening, criminal property damage and drug charges. Phillips said she tried to run down a Hertz employee while stealing the sedan at 3:44 p.m. Friday.
During the news conference, police played a recording of the 911 call by the Hertz employee, as well as the police transmissions before and after the shooting.
The unidentified employee said she saw a woman in the car who tried to hide her face with a baseball cap and then drove directly at the employee while peeling out of a lot behind neighboring Alamo Rent-a-Car.
Police issued an all-points bulletin for the stolen Cadillac, which was spotted by a patrol car on Hana Highway near Baldwin Beach Park. When the police car made a U-turn in pursuit of the Cadillac, Kaina pulled out of traffic and raced toward Pa'ia in the oncoming lane.
The police car followed with its siren sounding and lights flashing, turned right on Baldwin Avenue and continued in pursuit.
No weapon on driver
A couple hundred feet up the two-lane street, the Cadillac turned toward a Bank of Hawai'i branch after seeing another police car approaching from the opposite direction. Kaina, who appeared to be boxed in, hit a palm tree, a crosswalk sign, a police car and a sport utility vehicle, Phillips said.
The two officers got out from their patrol cars and approached Kaina, each firing a single shot.
No weapon was found on Kaina, Phillips said.
Cuomo said investigators haven't determined whether the woman was trying to give up when she was shot. However, he said, the preliminary investigation points to the likelihood that her hands were on the steering wheel or gear shift rather than in the air to signal surrender.
While the officers were not in the direct path of the Cadillac when they shot, at some point the suspect did drive toward one of the men, police officials said.
Phillips said the general rule for use of deadly force allows an officer to shoot at a suspect to protect himself or others. He said it probably was not "tactically feasible" to shoot at the tires as some have suggested.
Cuomo said 20 witnesses have been interviewed and the department wants to hear from anyone else who may have not come forward.
Phillips said the department's training in life-or-death situations is as good or better than most other departments across the country. He noted the department has received accreditation from the Commission on Accreditation for Law Enforcement Agencies since 1996, an indicator that Maui's training is up to national standards.
Reach Timothy Hurley at thurley@honoluluadvertiser.com or (808) 244-4880.
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