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Video shows man shot by Maui police draw gun on officers

This image released by the Maui Police Department shows a handgun lying beside a 40-year-old man who was fatally shot by police during a Jan. 8 shooting in Kahului. The image was taken from an officer’s body-worn camera. Photo courtesy Maui Police Department

Less than five months after Maui Police Officer Suzanne O was killed in the line of duty, Maui police are thankful they are not mourning another officer’s death.

In videos released of a police shooting Thursday night in Kahului, the footage shows a 40-year-old man who was wounded by officers after he reached into his waistband, pulled out a black handgun and pointed it at the officers.

Police released clips of videos from the officers’ body cameras Tuesday as department leaders shared more details about the police shooting at 129 Maa St., which is close to the Kahului-Wailuku boundary.

The man who died as a result of his injuries has been identified as Kristopher Austin.

On Tuesday, MPD Capt. Nelson Hamilton said dispatch received a call about a man armed with a firearm in his waistband in the area of 130 Maa St. at 7:27 p.m. Jan. 8. The nature of the call was terroristic threatening.

Hamilton said MPD officers were already responding to an unrelated call at 129 Maa St. and found Austin in a nearby empty field a few minutes after the call came in.

Based on a map shown by police Tuesday, the officers were at the Hele gas station off Kuikahi Drive when dispatchers got the call, and police found Austin in the empty field between the gas station and a nearby hardware store.

In the videos released by police, three officers can be seen approaching the man with their flashlights on him and guns drawn. The man appears well lit by the officers’ lights, though the videos mostly do not include audio.

“It is important to note that because the officers were actively conferring on an unrelated incident prior to this encounter, two of the body-worn camera videos do not contain audio,” Hamilton explained. “All three videos, however, capture the same moment from different angles.”

In the video where the audio is activated right before the shooting, officers can be heard yelling “don’t reach” as the man drops a bottle in his left hand and pulls a dark object out of his waistband with his right.

“At that point, he began discharging the firearm towards the officer. Officers then returned fire,” Hamilton said.

All of the videos provided by police stop before any shots are fired.

Maui Police Chief John Pelletier said the department chose not to play any footage of the actual shooting out of courtesy to Austin’s family and the officers, and the chief said that will be the department’s policy going forward.

Following the shooting, police reported that Austin had refused officers’ orders and fired a gun at police before he was shot. On Tuesday, Hamilton reiterated that Austin refused to comply with officers’ commands and fired his gun at police first.

In the last video released by police, officers can be seen approaching Austin, whose body is blurred as he is lying on the ground. It shows a black handgun beside him.

Hamilton said Austin was taken into custody at approximately 7:35 p.m., and one minute later officers began trying to render life-saving care until medical personnel arrived.

On Friday, Maui police reported that Austin died at the scene of the shooting. No other injuries were reported.

“The Maui Police Department understands the gravity of this incident and the deep impact it has,” Pelletier said. “We recognize the loss of life and extend our sympathy to those that are affected. Situations like this are difficult for everyone and leave lasting effects on our law enforcement profession and the community.”

Pelletier said respect for human life is at the center of how the department operates and is reflected in its policies, training and operational standards.

Hamilton said that had Austin survived, he would have been charged with three counts of first-degree attempted murder, first-degree terroristic threatening and multiple firearm violations.

Police didn’t take questions at Tuesday’s news conference.

“When faced with a deadly force incident, officers must act in a manner consistent with their training to protect lives, including their own and the lives of the public,” Pelletier said. “Let me be as clear as possible, had these officers not acted, they very well may have been killed.”

Pelletier said the recent death of Officer O, who was shot while searching a dark field for an armed suspect near the old Paia Sugar Mill on Aug. 15, underscores the dangers officers face.

“The well-being of our personnel remains our highest priority,” Pelletier said. “The safety of the community is our foremost responsibility, and this incident highlights the complexity and dangers that law enforcement faces each and every day, all while protecting the citizens and community that we serve.”

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