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The Honolulu Advertiser
Posted on: Sunday, November 9, 2008

Hunters want warden fired

By Eloise Aguiar
Advertiser Staff Writer

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PUBLIC MEETING

WHAT: Community meeting that will take up issues at Ka'ena Point State Park as well as the case of a game warden who has been the object of complaints to the Department of Land and Natural Resources.

WHEN:6:30 p.m. Nov. 18

WHERE: YMCA Camp Erdman

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Dozens of hunters and fishermen are clamoring for the firing of a state game warden, accusing him of abusive behavior including drawing his weapon on children.

At a meeting of the Oahu Pig Hunters Association Thursday night in Kalihi, hunters and fishermen recounted incident after incident in which they said the officer was overbearing, threatening and callous in his treatment of suspects.

The game warden, who has been with the state Department of Land and Natural Resources for about three years, was accused of harassment, violating civil rights and threatening people while conducting his duties.

While many of the accusers admit to violating hunting laws, they all agreed that this one officer holds himself above the law.

"He pointed the gun at me and he told me, 'I going kill you before you kill me,' " said hunter Dempsey McShane, 38, referring to an incident that he said happened some time ago. "I told him, 'What you going kill me for? I done nothing wrong.' "

McShane said the officer pointed his gun at McShane's daughter and nephews and told them he was above the law and that he could "cap" them before they could do anything.

DLNR officials were at the meeting to listen to the hunters and collect their statements.

Afterward, Gary Moniz, DLNR state enforcement chief, said the complaints had already reached him and he was looking into the situation. But he said he will investigate further.

Guy Chang, DLNR O'ahu branch chief, told those assembled that pointing guns at innocent children is not tolerated.

"We're trained to pull our weapon out and hold it at a low ready," Chang said. "We don't train to point it at people's head."

But Chang also pointed out the dangerous nature of the DLNR officer's job.

From January 2007 to present, 147 hunting citations were issued on O'ahu and numerous more warnings were given, Chang said. The DLNR has 40 officers for the whole island and often one officer is on duty alone at night to deal with complaints such as gunfire, drug activity and drinking.

"All I want you guys to understand is the danger we go through to enforce the rules," he said, adding that the officer in question has received death threats.

The alleged incidents involving the game warden go back as far as about two years, but complaints have gotten more frequent of late, the hunters and fishermen indicated. They said they had complained about the officer before, to the DLNR and later to Gov. Linda Lingle.

Thursday's gathering was the group's regularly scheduled meeting, but the issue was on the agenda and DLNR officials had been invited to attend.

The game warden's name is not being published because he has not been formally charged with any violation.

Moniz said none of the accusers stayed after the meeting to talk to him and give him firsthand information about their allegations, but he said he will review the cases and see what he can find.

"Any time we get concerns from the public we want to take a look at it and see what needs to be corrected," Moniz said. "But in fairness to everyone, including the officer, we can only do that with all of the facts."

Testimony at the meeting recounted how the game warden allegedly stopped one man and pointed his gun at him as the man drove out of an authorized hunting area. The man said his gear was confiscated and he was told to take off his pants.

In another incident, children were allegedly forced to the ground at gunpoint and told to remove their shoes and shirts, then made to walk out of the hunting area. In another case, the officer allegedly confiscated expensive equipment without giving proper documentation.

"They been sneaking up on fishermen to catch them sleeping so they can cite them for camping," said Oliver Lunasco, president of the Oahu Pig Hunters Association. "Not one time ... three, four times a night."

Then there's the harassing behavior and the unwarranted threats, Lunasco said, adding that happened to him while he was out looking for his dog in a hunting area. After verifying with the DLNR that Lunasco had special permission to be there, the officer harangued him like they were mortal enemies, Lunasco said.

"He went into this spiel, 'If I ever catch you poaching I'm going to confiscate your truck, your equipment and leave you on the side of the road to walk home,' " he said. "Then he also said, 'Don't ever try me because you guys not going win.' "

About 50 people attended the meeting and 10 of them held up their hand when asked who had been harassed by the officer.

Hunter Michael NawakiO'Connell said he collected 28 statements from other hunters, fishermen and cultural practitioners who have had negative encounters with the officer.

One hunter, who hunts only with knives and takes his children along, said he's considering carrying a gun after hearing about the officer pointing a weapon at kids.

Laulani Teale, with a group called the Peacemaking Project and there on behalf of some of the hunters, fishermen and cultural practitioners, said she would be willing to help bring the parties together to help resolve the situation.

"This situation, whether we're involved or not, is very legally volatile," Teale said. "The likelihood that someone could get sued or worse yet hurt, injured or killed is very high from what we've seen."

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.