Officer ‘feared for his life,’ but man acquitted

WAILUKU - With a defense attorney questioning how much of a threat was posed by a man handcuffed in the back of a police car, a Makawao man was acquitted of a charge alleging he threatened a police officer.

A 2nd Circuit Court jury returned verdicts Monday afternoon, finding 36-year-old Kipp Haole not guilty of first-degree terroristic threatening and guilty of disorderly conduct.

"We're grateful for the hard work the jury did," said his attorney, Anthony Vierra.

After the verdicts were announced, Judge Joseph Cardoza sentenced Haole to the maximum 30-day jail term for the petty misdemeanor charge.

Haole, who has been incarcerated since mid-June, has already served the time, Vierra said.

Haole was arrested June 14 after police officer Myles Won went to Kino Street in Pukalani at about 10:20 p.m. after an anonymous caller reported Haole driving up and down the road swearing and saying, "I'm going to kill you."

Won couldn't locate Haole on Kino Street, but received a report from police dispatch that Haole was at his former girlfriend's residence on Ipolani Street.

Tammy Kauhaahaa said Haole sat on his motorbike at the bottom of the driveway, yelling, swearing and making derogatory comments while her 8-year-old granddaughter cried. She said she told him to leave two or three times.

Both Kauhaahaa and her cousin Terry Ann Brown said Haole was yelling "at the top of his lungs."

Officer Won said he noticed neighbors checking on the commotion and tried to get Haole to calm down, handcuffing him and placing him in the back seat of a police car. When Haole continued to yell, Won told Haole he was under arrest for disorderly conduct.

During the 20-minute drive to the Wailuku Police Station, "his anger, his hostility were now focused on me," Won said.

He said Haole repeatedly banged his head against the plexiglass separating him from Won, tried to bring his handcuffed hands from behind his back to his front and threatened to kill the officer.

Won recalled Haole saying: "You don't know who I am, I kill you, you f---. You wait, I'll show you."

"He did repeat it several times, which caused me concern for my safety," Won said. "It made me think about my family."

Testifying in his defense, Haole admitted using foul language and yelling at Kauhaahaa after going to the home to retrieve his clothes and jewelry.

But he denied being uncooperative with the officer.

"I kept asking him what was the reason he was arresting me," Haole said.

He said he didn't learn what he was charged with until the next morning.

During closing arguments Monday morning, Deputy Prosecutor Brandon Paredes said Won saw Haole's veins popping from his neck and saw spit flying from Haole's mouth as he threatened and challenged Won from the back of the police car.

"Officer Won feared for his life," Paredes said.

But Vierra argued there wasn't sufficient proof that Haole threatened Won.

Vierra questioned how Won could see Haole's veins popping from his neck, as the police car was not lit on the inside as Won was driving in "emergency mode" while transporting Haole to the station.

There were no photographs showing any injury to Haole, who Won said thrashed around in the back seat of the police car, even banging his head on the plexiglass.

Vierra said if Won believed Haole was a real threat he should have called for backup, but he didn't.

Court records show Haole has prior convictions for first-degree criminal property damage, five counts each of violating an order for protection and fourth-degree criminal property damage, two counts each of first- and second-degree terroristic threatening, DUI, third-degree assault, third-degree promotion of a detrimental drug and three counts of contempt of court.