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The Honolulu Advertiser
Posted on: Friday, November 14, 2008

State reassigns game official

 •  Meeting to focus on Ka‘ena park camping

By Eloise Aguiar
Advertiser Staff Writer

A state game warden accused of numerous instances of abusive behavior — including drawing a gun on children — is being reassigned to another district pending the outcome of an investigation into the allegations, the state Department of Land and Natural Resources said yesterday.

The news is good for the Ka'ena district that the officer covers, said one of the hunters who complained, but it doesn't solve the real issue.

"They cannot have him in the field unless he changes his attitude," said Oliver Lunasco, president of the Oahu Pig Hunters Association. "That's the problem. It's great to hear but I don't think the story ends there. The state is putting the problem someplace else only to have the harassment start all over again in a different area."

Laura H. Thielen, DLNR chairwoman, said the agency's investigation of the officer is under way and that the officer has been notified.

His temporary reassignment will give people an opportunity to file formal complaints about any alleged misconduct, the DLNR said yesterday in an e-mail statement.

"We have received several anonymous and verbal complaints regarding the officer, but when we've asked each person to file a formal written complaint, they have declined," said Gary Moniz, DLNR's chief law enforcement officer.

"We held a community meeting to discuss the matter and again invited people to file written complaints so we can conduct further investigation; but no one has filed a formal complaint or given us their contact information."

If no formal complaints are filed, the officer may be returned to his regular patrol, the statement said.

Lunasco said hunters are afraid of retaliation because they said the officer threatened them. But Lunasco said he will formalize complaints submitted to the DLNR in June, including his own.

He said the department has never questioned him about his complaint, and has not followed up with him since Thursday's meeting of the Oahu Pig Hunters Association, where dozens of hunters and fishermen gathered and shared their complaints with DLNR officials, including Moniz.

Wendy Albeso, who also sent in a written complaint about a June incident, said the DLNR still hasn't informed her about the outcome of the case. Albeso said the officer pointed a gun into the faces of her 9-year-old son and his friend when they came out of a hunting area ahead of his father and some other adults. The boys and the adults in the group have acknowledged being on Dole property in Wahiawa.

She said she called the DLNR after no one contacted her regarding the complaint.

The adults were cited in the incident but the charges were dropped in court. The boys' backpacks and other items were confiscated but none of them have been returned, she said.

"I really don't think they did anything about it," she said, adding that her son was traumatized by the incident and has nightmares about the officer shooting him.

Thielen said Tuesday that the agency has investigated the allegations brought earlier this year and continues to seek firsthand information about more recent complaints.

"I take any complaint about an allegation about inappropriate use of force very seriously," said Thielen. "The DOCARE (Division of Conservation and Resources Enforcement) administration does as well. We have investigated the complaints that have been brought to our attention and we are asking people who have firsthand information to please come forward to bring that information to our attention."

Many of those who came forward with complaints at the public meeting Thursday acknowledged they had been breaking the rules when confronted by the officer, but said that the verbal abuse and physical threats with a gun were uncalled for and went beyond his authority.

Moniz said officers are trained to draw their guns for safety reasons when they feel threatened. They might draw a weapon when confronting people with firearms, in hunting areas or in remote areas at night. The decision, Moniz said, is somewhat discretionary.

"It's a combination of factors," he said.

Reached by telephone, officer Henry Haina declined to comment about the allegations against him, referring inquiries to the DLNR.

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.

According to the DLNR Web site, the division has full police powers to enforce all state laws and rules involving state lands, state parks, historical sites, forest reserves, aquatic life, wildlife areas, coastal zones, conservation districts and state shores, as well as county ordinances involving county parks. The division also enforces laws relating to firearms, ammunition and dangerous weapons.

The DLNR has 40 officers who enforce these laws for the entire island.

Thielen said that DOCARE has stepped up enforcement efforts of late as a result of such things as drinking parties, fights involving more than 100 people and gunshots fired at night.

She acknowledged the complaints about this particular officer, but said she's also heard about the positive benefits from increased enforcement in hunting areas and at Ka'ena State Park.

Despite the DLNR's assurances, the hunters and fishermen said they don't hold out much hope of a full investigation and will plead their cases to Thielen at a public meeting on Tuesday.

Hunters say they will take their complaints about a state game warden to Department of Land and Natural Resources chairwoman Laura H. Thielen at a public meeting Tuesday.

She said she's willing to listen at the appropriate time but will focus on a plan to allow "wilderness camping" at Ka'ena State Park.

The meeting will be at 6:30 p.m. Tuesday at YMCA Camp Erdman.

Thielen said the department and community members have been working on the plan for a while and think it's time for the community to give its input.

The discussion will focus on plans for Ka'ena State Park that include land from Mokule'ia to Wai'anae and Ka'ena Point, a natural area reserve.

Thielen said she will listen to the hunters but wants to spend the bulk of the meeting discussing the department's effort to coordinate management of the area, where multiple jurisdictions have led to confusion and frustration over rules and regulations.

Similar management coordination has been initiated at other state parks and Tuesday's meeting will discuss these efforts and how they can be applied to Ka'ena, she said.

One idea being tested on the Wai'anae end of the park is wilderness camping, where residents are allowed to bring in portable restrooms and some kind of protection from the elements.

"People don't want a comfort station because it drives more people to the area and they prefer the wilderness type of experience," Thielen said. "We have to take a look at whether we can manage that and is that something that would remain a wilderness camping experience for fishers and families as opposed to something that could rapidly get out of control."

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.