Slain woman's family sues police
By Timothy Hurley
Advertiser Staff Writer
WAILUKU, Maui — The family of Lisa K. Tomita Kaina filed a lawsuit yesterday claiming Maui Police Department officers used excessive force when they shot and killed the 27-year-old mother of three as she was trying to flee in a stolen Cadillac Jan. 23 in Pa'ia town.
"There's no way she should have been shot in this circumstance. It was a complete overreaction," Honolulu lawyer David J. Gierlach said with at least eight family members behind him.
The suit, filed in Maui Circuit Court, also alleges that the officer whose bullet killed Kaina has an extensive history of anger management problems, unnecessary use of force, unprofessional displays of quick temper and other conduct that should have placed his employer on notice that he was unfit to be a police officer or to be armed with a deadly weapon.
The department has not released the officer's name, and Gierlach declined to name him yesterday. But he did say that the name would become known as he subpoenas the officer's personnel file to uncover disciplinary records, internal affairs investigations and misconduct reports.
Deputy Police Chief Kekuhaupio Akana said he hadn't seen the lawsuit and declined to comment.
Akana added that the criminal investigation is almost ready to be turned over to county prosecutors, and it appears no charges are expected to be filed against the officers.
Maui Police Chief Thomas Phillips previously said he believed the shooting was justified.
According to police reports, Kaina stole a Cadillac Seville at a Kahului Airport car rental agency and officers chased her on the Hana Highway before catching up with her in front of a Bank of Hawaii branch on Baldwin Avenue in Pa'ia.
There, the Cadillac was boxed in by the police cars but she continued to drive, running into a palm tree, a crosswalk sign, a police car and a sport utility vehicle before two officers fired one shot each. Her head was hit by a single bullet.
An autopsy indicated she was under the influence of crystal methamphetamine.
Gierlach yesterday said the woman — a mother of two girls, 9 and 3, and a boy, 7 — was an addict, but she was working to recover.
He said the lawsuit is buoyed by the accounts of 10 witnesses who said they saw the officers use excessive and unjustified force. The witnesses said the Cadillac was so completely blocked in that it was no threat to anybody.
"They were unanimous that it should not have happened and are appalled that it did happen," he said. "They were just astounded by what unfolded before them."
Gierlach said two witnesses even said that one of the squad cars was moved to make it appear there was more room for Kaina to maneuver than there actually was.
According to the suit, the incident caused family members serious emotional distress.
Gierlach said the family also believes police officials deliberately campaigned to "dirty up Lisa" by releasing her arrest record and other details of her struggles with drugs.
"Things were said that were outrageous and untrue, and at the end of the day Maui County is going to have to answer for the conduct of its officers," he said.
Reach Timothy Hurley at thurley@honoluluadvertiser.com or (808) 244-4880.
