Former Maui Police officer Carlos Frate has been sentenced to five years and five months in prison for using unreasonable force by repeatedly tasing a man who was being arrested in January 2024.

U.S. Attorney Ken Sorenson said the sentence should serve as a reminder that no one is above the law.

“While the vast majority of law enforcement conduct their duties with honor, integrity and restraint, we are committed to bring to justice those who, on the rare occasion, violate the public trust by abusing their power using excessive force,” Sorenson said.

The FBI investigated the case based on a referral from the Maui Police Department.

A federal grand jury indicted Frate on two charges on Jan. 16, 2025, and Frate pleaded guilty in August to one count of depriving a person of the constitutional right to be free from the use of unreasonable force by tasing that person without legal cause.

A conviction on the charge carries a maximum penalty of 10 years in prison and up to $250,000 in fines. Frate had worked as a police officer for more than 14 years.

In return for the guilty plea, the prosecutor agreed to drop the second charge of falsifying a police report with the intent of obstructing an investigation. The false reporting charge carried a maximum penalty of up to 20 years in prison.

Under the plea agreement, Frate agreed to pay all losses caused by his conduct, including restitution to the victim.

According to the Maui Police Department, Frate’s guilty plea stems from a disorderly conduct incident on Maui on Jan. 6, 2024. Frate initially reported he tased the man after the man assumed a fighting stance.

However, the prosecution said Frate tased the man, referred to in court documents as “M.P.,” without ordering him to get on the ground first. Frate also used his taser a second time after the man had gotten down on the ground and was cooperating with his hands raised in surrender.

“Based on his training and experience, (Frate) knew at the time that his force was unjustified and unreasonable under the circumstances, and he nonetheless continued to tase M.P despite pleas from M.P. to stop,” the plea agreement states.

A spokesperson for the Maui Police Department said Frate served as a police officer from June 7, 2010, to January 2025 when the department terminated Frate’s employment.

In a written submission to U.S. District Judge Micah Smith, Frate’s attorney Megan Kau asked for leniency for her client, saying his actions were a momentary lapse in conduct and he otherwise has an exemplary career.

“He is kind, compassionate, responsible and hardworking, and this incident was an aberration of his character,” Kau said.

Kau noted that Frate had received letters of appreciation and commendation from former leaders in the Maui Police Department. One was from Dean Rickard, who was the acting police chief at the time, applauding Frate for persuading a juvenile threatening suicide to seek treatment. A commendation from then-Police Chief Tivoli S. Faaumu praised Frate for executing an operation targeting narcotic sales and vehicle thefts.

In a 2012 letter of commendation, then-Police Chief Gary A. Yabuta said Frate showed compassion to an Oahu man who had swam for hours before reaching a beach in Molokai after his boat sank.

“You were at the station and off-duty and you gave (the man) your boots,” Yabuta said. “Your actions epitomized our core values of integrity, compassion, fairness and service.”

Friends described how Frate has worked tirelessly for his children — ages 9, 11 and 20 — as a single parent.

In a written statement before sentencing, Frate also expressed remorse for his actions.

“This mistake does not reflect the person I am or the values I live by,” he said. “I am a single father of three beautiful children who depend on me completely — emotionally, financially and in every part of their daily lives. I am their only parent, their provider and their role model. … When I realized how my actions could affect not only me but also my children, it broke me inside. They are my world, and the thought of letting them down is something I carry heavily. This experience has been a painful wake-up call, but also a powerful reminder of what truly matters — being the steady, dependable father my kids need.”