Honolulu City Council rejects $1.5M settlement in fatal HPD shooting

COURTESY PHOTO Lindani Sanele Myeni COURTESY PHOTO Lindani Sanele Myeni City attorneys will fight a wrongful death lawsuit brought by the widow of an unarmed Black man shot and killed by police following a violent confrontation in 2021 after the City Council scuttled a Wednesday.

Lindani Sanele Myeni, 29, was on April 14, 2021, after he fought with officers who responded to a 911 call from a renter at 91 Coelho Way. A married couple accused Myeni of walking into their rental home and telling them that he had video footage of them, that he lived there, owned the cat and was hunting.

During the Oct. 9 City Council meeting, on the settlement agreed upon by attorney Jim Bickerton, who represents Lindani Myeni's widow, Lindsay, and City Corporation Counsel Dana M.O. Viola.

Dozens of Honolulu police officers showed up at that meeting while Prosecuting Attorney Steve Alm, Mayor Rick Blangiardi and Honolulu Police Chief Arthur "Joe " Logan urged the Council to reject the settlement and go to trial.

Blangiardi declined comment Wednesday.

On the Council's agenda Wednesday, a note in red lettering on the first page let readers know that EMLACR-281, a request "for authorization to settle a case " against the city, was canceled.

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The case will now be decided by a civil trial.

"As Council Chair, I have decided to cancel the upcoming vote on the proposed lawsuit settlement, shifting the matter to the judiciary system, where it rightly belongs. This decision reflects the Council's commitment to allowing legal experts to address the facts and merits of a civil case in court versus at a legislative hearing. The Council recognizes the importance of upholding judicial due process and believes that the courtroom is the most suitable setting to ensure a fair and transparent examination of these facts, " said Chair Tommy Waters in a statement.

Waters noted that during the Oct. 9 Council meeting, the discussion around the Myeni case "escalated, turning the Honolulu City Council meeting at Kapolei Hale into what resembled a heated civil trial, with speakers presenting passionate arguments and facts from both sides."

"It is clear that the legal framework and procedural safeguards of the judiciary system are best equipped to handle this matter. I will not permit these public hearings to devolve into a spectacle for grandstanding or serve as a substitute for a court of law, " Waters said.

Myeni, who suffered from, commonly known as CTE, acted strangely during interactions with police at Kewalo Basin the night he was shot. He interfered with a police investigation of a car break-in at Kewalo Basin by asking officers for money to buy food and trying to enter one of their patrol cars.

Police maintain that the three officers who responded to the 911 call issued repeated verbal commands for Myeni to stand down and deployed nonlethal tactics, like a Taser, before firing the fatal shots.

One of the officers who fought with Myeni suffered multiple facial fractures, and police said they had to prevent Myeni from killing him and gaining control of a police weapon.

Logan told the Honolulu Star-Advertiser that the department respects Waters' decision.

"While it is tragic that a life was lost, we believe that a principle is at stake here and that a judge or jury should have the opportunity to hear what happened that night. I thank our officers for their courageous service and the community for its continued support of the HPD, " Logan said.

Bickerton told the Star-Advertiser that prosecutors are lying about the lighting at the scene, maintaining that Myeni could not see who was threatening him and believed he was fighting for his life.

He referenced bodycam footage that captures one of the officers saying three times after the shooting that it was so dark he couldn't see.

"After voting 8-1 in committee to approve a court-supervised settlement reached with the help of Hawaii's top mediator, something changed the Council's mind, " Bickerton said. "It couldn't have been the facts, as they had a detailed presentation of those in committee before the approval. What it was was 50 armed high-level police officers showing up at the last hearing and a moblike social media campaign encouraged by HPD and 'back the blue' groups with misinformation about the facts of the shooting. There were no new facts, but the Council caved to police bullying. But facts are stubborn things. HPD doesn't want you to know key facts."

Bickerton allege that from the moment Myeni threw a defensive blow at his "unknown assailant " until a police officer shouted "F—you " and another shouted "Shoot him " was just 15 seconds.

"The first shot came two seconds later. Lindani had just 17 seconds after throwing his first blow before he was shot in the chest, " said Bickerton, referencing bodycam footage of the incident released to the public by HPD. "When people realize that he was given no time at all before his execution, they have second thoughts about backing the blue on this one."

Prosecuting Attorney Steve Alm, in a statement, said that he was "pleased that the settlement in the Myeni case was rejected." Alm said his office conducted an independent investigation of "all the available evidence in this case " and determined that the officers involved "acted professionally and appropriately."

"Our investigation also determined that no charges would be filed as a result of the Officers' use of deadly force in this incident. Settling this case would also say that the officers involved were motivated by racial prejudice. There was zero evidence of that, " Alm said. "Being a police officer can be a tough and dangerous job."

Alm noted that there have been 39 cases of assault against a law enforcement officer that have been referred to prosecutors, many taking place during arrests.

"If officers do something wrong, they should be held accountable. But when they do something right, they should be defended, " Alm said.

Viola told the Star-Advertiser that as city attorneys, they are "limited in what we can disclose about this ongoing case."

"Please check the public record, including any testimony or documents that have already been submitted, " Viola said. "The Revised Ordinances of Honolulu require COR to confer with HPD prior to presenting the settlement to City Council. "However, we cannot comment on specifics of internal communications or coordination between the different City entities at this time. As City attorneys, we have a duty to protect privileged and sensitive information related to ongoing legal proceedings."