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The Honolulu Advertiser
Updated at 4:05 p.m., Thursday, July 31, 2008

Maui police officer testifies he almost 'got hit'

By LILA FUJIMOTO
The Maui News

WAILUKU — When he heard an engine rev as he walked toward a car in a Paukukalo parking lot, Wailuku patrol officer Brandon Rodrigues said he had a second or two to jump out of the way, according to The Maui News.

"Had you not moved, what would have happened to you?" Deputy Prosecutor John Tam asked the officer.

"I would have got run over," Rodrigues replied.

Testifying at a preliminary hearing Wednesday in Wailuku District Court, the officer described how he twice had to move quickly to avoid being hit by the car Friday night while trying to stop a fleeing felon. A 15-mile chase that followed ended when the car went off a cliff in Kahakuloa.

Rodrigues said his patrol car was rammed a few times by the other car, including once when the car went forward into a barbed-wire fence before reversing into the patrol car and trying to push it back with the officer inside.

After Rodrigues' testimony, Judge Simone C. Polak ruled there was enough evidence to support two counts of first-degree attempted murder and a charge of first-degree criminal property damage against Clinton A.K. Estrella, The Maui News reported today.

The 23-year-old Kihei resident was identified as the driver of the gold 2000 Ford Escort that police officers saw when they responded to a call at 10:30 p.m. Friday, reporting suspicious activity in the parking lot of the Hawaiian Homes Community Center in Paukukalo. Police said the caller reported that a gray Nissan Pathfinder was in the parking lot with five men, one of whom had a handgun.

When he arrived six minutes later, Rodrigues said, officer Terence Gomez was already on the scene and told Rodrigues to stop the Escort that was leaving the parking lot. Rodrigues said he had his gun drawn as he walked toward the car, ordering the driver to stop.

At first, the officer said Estrella "just looked at me." Then the car slowly reversed away from Rodrigues, who continued approaching and ordering the driver to stop.

Rodrigues said he was three to five feet in front of the car when he heard the motor rev and immediately jumped off to the side. "I was able to get away in time, and the vehicle started to speed up," Rodrigues said. "I definitely would have got run over or got hit."

He said his patrol car was hit and sideswiped from front to back along the driver's side as the Escort squeezed between the police car and a gate post to leave the parking lot.

Activating the flashing lights and siren of his patrol car, Rodrigues followed the Escort toward Wailuku on Waiehu Beach Road. Estrella drove through the Wailuku industrial area before turning onto Lower Main Street, then Mill Street and North Market Street through Happy Valley. From there, the car went onto Kahekili Highway to head toward Kahakuloa.

Rodrigues said he drove 60 mph to keep up with the Escort, which was swerving into the oncoming lane while vehicles pulled off the road to avoid collisions along North Market Street and Kahekili Highway.

At Milepost 7, just before Mendes Ranch, Rodrigues said, the Escort "overshot" a sweeping hard right turn on the dark, narrow road and nearly skidded into a boulder before stopping. Rodrigues stopped his patrol car, which was about 10 feet behind and perpendicular to the other car.

The officer said he had opened the door and was starting to get out of the patrol car when he saw the sedan's reverse lights go on. "I knew that he was going to reverse into me, so I jumped back into my car," Rodrigues said. "Before I could shut the door, the car slammed into the driver's-side door."

He said he couldn't close the door, which was "crinkled" open from the impact.

"If you had not made it back into your vehicle, what would have happened to you?" Tam asked.

"I would have been crushed," Rodrigues said.

From there, the Escort sped forward, passing the road to Camp Maluhia before again missing another sweeping hard right turn near Milepost 8, Rodrigues said. This time, the officer stayed in his car, "fearing he was going to reverse into me again," Rodrigues said. "Sure enough, the reverse lights came on and the vehicle rammed into me."

Then Estrella drove forward into a barbed-wire cattle fence before again reversing into the police car, Rodrigues said. He said he could hear the Escort's tires spinning as the car tried to push the police car back.

When the Escort made a U-turn to head back toward Wailuku, Rodrigues said, he got out of his car and managed to fire his Taser stun gun into Estrella. But because the Escort was moving, the Taser wires snapped, Rodrigues said.

He heard a radio transmission reporting that the car went off the cliff about 100 yards away after going straight instead of turning at the next bend in the road.

Police said the car landed 40 feet down an embankment.

Because it was too steep for officers to go down the embankment, Rodrigues said they found another way down and made their way to the car, which was suspended by trees. No one was in the car.

As Rodrigues scanned the area, he saw Estrella trying to climb down in front of the car.

Police said four officers suffered minor injuries during a scuffle as they arrested Estrella.

In court Wednesday, Deputy Public Defender Adriel Menor asked that some bail be set for Estrella, who is incarcerated at the Maui Community Correctional Center.

But Tam said Estrella should continue to be held without bail, based on his criminal record and his "extreme danger" to the community.

Police said Estrella's criminal history includes 45 arrests, seven felony convictions, and 16 convictions for misdemeanor and petty misdemeanor crimes or violations.

Polak ordered that Estrella continue to be held without bail pending his arraignment Aug. 12 in 2nd Circuit Court.

In addition to the three felony counts, Estrella is charged with driving without a license, resisting an order to stop a motor vehicle, reckless driving and resisting arrest.

"Officer Brandon Rodrigues should be commended for putting his life at risk to do a good job," Tam said after the hearing.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.