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The Honolulu Advertiser
Posted on: Wednesday, October 26, 2005

Officer run over by accident, defense lawyer says

By Curtis Lum
Advertiser Staff Writer

Daniel Vesper

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A man accused of running over a Honolulu police officer and critically injuring him did not know Jeffrey Omai was a law enforcement officer, and the injuries Omai sustained were the result of an accident, not a deliberate attempt to kill.

That's what defense attorney Jeffrey Hawk told a jury yesterday as the trial of Daniel Vesper III began before Circuit Judge Virginia Crandall. Vesper is charged with striking and running over Omai with a van last Dec. 2 as Omai and six other plainclothes officers were attempting to arrest Vesper in the parking lot of Honolulu Community College.

Vesper faces a mandatory term of life in prison without possibility of parole if convicted of the first-degree attempted-murder charge. The trial was to resume today.

Hawk acknowledged in opening arguments that Vesper was the driver of a white Ford van that hit Omai, but said the van only struck a glancing blow. Hawk said Omai's critical injuries were caused by Omai striking his head on the pavement, not by being run over by the van.

"What Omai did was he ran toward a speeding vehicle," Hawk said. "(Vesper) is not guilty for the very simple reason that what happened was an accident."

Hawk added that Vesper had no way of knowing the seven men were police officers because none wore uniforms and their badges were difficult to see. He characterized them as "a bunch of young, inexperienced officers, the kind of guys who would go out and take someone down."

Hawk said he will ask the jury to convict Vesper of a lesser assault charge.

But city Deputy Prosecutor Chris Van Marter told the jury Vesper drove the van directly at Omai, knocking him to the ground. Van Marter said Vesper then ran over Omai, and the van's undercarriage caused his critical head injuries.

One of the officers clearly identified himself as a police officer when he ordered Vesper to stop, but Vesper refused, Van Marter said.

"Why did he do it?" Van Marter said to the jury. "He did what he did because Daniel Vesper hates cops."

A day after he was arrested, Vesper was taken to The Queen's Medical Center for treatment of his asthma. While there, Van Marter said, Vesper admitted he wanted to kill Omai.

Vesper was unhappy with the treatment he was receiving, and he shouted at hospital staff and two officers assigned to watch him.

"He said that the officer was trying to be a hero by jumping in front of his car," Van Marter said, adding that Vesper also said he would "do it again if he had the chance, and Vesper's last words were 'I hope that cop dies.' "

Officer Joseph Pagan testified that he saw Vesper's van speed toward Omai and that its driver never attempted to avoid the officer.

Omai "tried to get out of the way, and that's when he got hit head on," Pagan said. "Officer Omai rolled over on his left side like in a fetal position. He kind of cringed like he was going to get run over, and at that time, the car just ran him over and sped off."

Pagan said Omai was bleeding from his mouth and nose and making "gurgling" noises.

"To me, he appeared to be dead already," Pagan said.

Dr. Steve Nishida, who treated Omai at Queen's, said Omai suffered multiple skull fractures, a fractured eye socket, a broken nose and a brain injury. Omai was placed in a medically induced coma for nearly a week to allow the swelling of his brain to subside, Nishida said.

Vesper was being sought by police on suspicion of robbery, auto theft and criminal property damage. Acting on a tip, the Kalihi Crime Reduction Unit team went to the campus on Dec. 2 and saw Vesper sitting in a white van.

When they approached the van, Vesper began to drive off, and the van struck Omai. Police conducted searched for Vesper and arrested him the next day in Kalihi.

Reach Curtis Lum at culum@honoluluadvertiser.com.