Abuse alleged at youth prison
By Curtis Lum
Advertiser Staff Writer
The guardians of two former wards at Hawai'i Youth Correctional Facility, as well as two men who were incarcerated there as juveniles, have sued the state and five guards, alleging the youths were repeatedly beaten and abused while serving time at the Kailua facility.
The lawsuit was filed yesterday in Circuit Court by attorneys Paul Alston and Mei-Fei Kuo on behalf of Joseph Carveiro Jr., Lori Enriquez, Daven Cummings and Bryce Feary. Carveiro is the grandfather and guardian of a former ward; Enriquez is the mother of another former ward; Cummings, who was incarcerated at HYCF, turned 18 last July; and Feary, also a former ward, turned 18 in May 2003.
The lawsuit seeks an undetermined amount in damages.
Named as defendants were the Department of Human Services, which runs the facility, and youth correctional officers Gilbert Hicks, Richard Koehler, Sone Raymond Mapu, Aukusotino Pelefoti and Stanley Sue.
Derick Dahilig, DHS spokesman, said the department could not comment on the accusations because of the pending litigation.
The lawsuit accused the guards of repeatedly beating the youths and said state officials did nothing to stop the activity.
"This is sort of business as usual out there," Alston said. "It kept happening over and over and over again. These (wards) were the ones who were brave enough to step forward and take action."
The alleged assaults began about the same time that the American Civil Liberties Union issued, in August 2003, a scathing report alleging rape, brutality and crowding at HYCF. The report prompted an inspection by U.S. Justice Department officials, and has led to major changes in personnel and procedures at the windward facility.
"We've helped to make infrastructure improvements, reduced the population, and provide better training to the guards and administration," Dahilig said. "They're all aimed at helping reform the facility."
The lawsuit alleges that:
• Enriquez's son was "severely assaulted and battered" by Koehler, Pelefoti and Sue. In a December 2004 incident, the boy was in his cell when Pelefoti hit him in the face, choked him and threw the boy to the ground. Pelefoti placed his knee against the youth's back, slammed his face against the concrete floor and continued to choke him.
• Carveiro's grandson was punched in the face by Pelefoti as the boy walked back to his module in March 2004. Another corrections officer intervened and handcuffed the boy, but Pelefoti continued to punch the boy in the face and then slammed his face into the ground.
• Cummings was assaulted by Hicks in January 2004 while in a lineup outside the cells. Cummings filed a report with police.
• Feary was assaulted by Mapu after the guard intervened in a fight between Feary and another ward in April 2002. Feary said Mapu used "excessive force and clotheslined" Feary, causing him to fall backward and hit his head on the concrete floor.
The lawsuit accuses the state of disregarding the safety of the wards and failing to protect them from harm. The state also failed to properly train the guards and did not thoroughly investigate the assault allegations, the lawsuit said.
Alston said he did not believe that any of the guards named in the lawsuit have been charged criminally.
Reach Curtis Lum at 525-8025 or culum@honoluluadvertiser.com.
