In a rare lawsuit, the trial of four HPD officers accused in a near-fatal crash is on hold

HONOLULU (HawaiiNewsNow) – The high-profile criminal case against four Honolulu police officers has been put on hold until a higher court can rule on the defense team’s summary judgment motion.

The appeal is rare, but it must be decided before the trial because the decision could throw out the most serious charge against Officer Joshua Nahulu, turning the case completely on its head.

Nahulu is charged with causing a collision causing serious bodily harm and failing to render aid.

According to legal expert Alexander Silvert, a retired federal public defender, the argument could affect many criminal cases involving drivers.

Nahulu and two other officers are accused of chasing a white sedan for miles on Farrington Highway in September 2021.

The question is: was Nahulu actually involved in the collision before it flew over a field, rolled and then crashed into a neighbor’s yard along the Farrington Highway in September 2021?

Multiple witnesses reported that night that a police vehicle struck the sedan, causing the driver to lose control.

Six people were seriously or critically injured and some have permanent medical problems.

But an auto expert and trial witness, plus other evidence, show that Nahulu’s car did not make contact with the sedan during the high-speed chase.

That’s why the defense wants Nahulu’s charges dismissed.

“The defense argues that the statute is too vague,” Silvert said there is no direct evidence that the suspect caused or was involved in the collision.

The appeals court will have to decide whether the charge requires actual contact between the two vehicles.

On the other hand, Silvert said Nahulu should have known what happened because the crash happened in front of him based on surveillance and city bus video in the moments before the car went airborne.

“They were still involved and an ordinary person would know to stop and render aid.”

Three other officers: Erik Smith, Jake Bartolome and Robert Lewis are charged with hindering prosecution and conspiracy.

The surveillance footage shows the officers all gathering at an intersection after the crash and driving in the opposite direction. They all return to the scene after the 911 calls are made by neighbors trying to help the victims.

An example of the argument and how it could impact other criminal cases involving motor vehicles is the following: The driver of car one changes lanes without realizing that car two is already in that lane in the blind spot.

The driver of the second car has to slam on the brakes to avoid a collision and is then hit from behind by car three.

Was the driver of car one actually involved in the accident? If the driver continues driving without realizing the collision has occurred, is he committing a crime?

“I think it’s absolutely a valid argument that should be addressed by the appellate courts,” Silvert said. He does think that the statute will ultimately still be upheld because the prosecutor makes a reasonable interpretation of the law.

If that happens, the trial will be reset.

The province has already paid $17 million in civil lawsuits, with one case still pending.

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