I get bent out of shape when I read these news stories about "only ones", our betters, the cops and other government employees who are allowed to get away with abusing and hurting people that if you or I were to do the same things... well, we'd be gone for a long long time. Here's another (in addition to today's story re the prison guards sexually exploiting women prisoners) story. You think if you or I "accidentally" (I call bullshit, it's a "negligent discharge"! True, that may be the reporter's terminology and not that of the Police Department, but I wouldn't be surprised if they (and the "union") also try to diminish the shooter's responsibility) shot someone in the abdomen while drunk that we'd get a whole 60 DAYS in prison? "Accountability"? What a fucking joke!

Bartender sues former HPD officer who accidentally shot her

http://www.hawaiinewsnow.com/story/35046774/bartender-sues-former-hpd-officer-who-accidentally-shot-her

A Honolulu bartender is suing the former HPD officer who accidentally shot her.

The incident happened on April 3rd, 2015 at King's Sports Bar.

Then 40-year-old Hyun Ju Park was working as a bartender.

The lawsuit states that former HPD officer Sgt. Anson Kimura was at the bar drinking with friends, including two other off-duty officers.

Around 1:45 a.m., Kimura took out his 38-caliber revolver and was handling it recklessly. That's when he accidentally shot Park in the abdomen.

"My client has had her life ruined by this," said Eric Seitz, Park's attorney.

Seitz said Kimura had a history of alcohol abuse and emotional distress and that HPD failed to give him adequate treatment, support and counseling.

He said the officers with Kimura that night should also be held responsible.

"I think the police department bears responsibility if they know someone is impaired and knows somebody should not be entrusted with a weapon, they have a duty to the public to see to it that weapon is taken away," Seitz said.

Police sources said the revolver was Kimura's department approved, off-duty weapon and that he was known to pull out the gun when out with friends.

Kimura was sentenced to 60 days behind bars after pleading guilty to assault in August 2016.

Seitz said the charges are an insult to his client.

"There was permanent damage to all her organs in her chest," he said. "She was in the hospital in intensive care for an extensive period of time and she's still under care. She can't stand, she has no energy, she is in pain and she will continue to be disabled for the rest of her life."

Hawaii News Now reached out to HPD but did not receive an immediate response.

That'll probably cost the taxpayers about $5M.

so....does this guy work for Securitas now??

so....does this guy work for Securitas now??

Ah ha.... now the dog shooting makes more sense! Great observation!

so....does this guy work for Securitas now??

That'll probably cost the taxpayers about $5M.

I don't know. It would be hard to show HPD was somehow at fault in this.

I don't know. It would be hard to show HPD was somehow at fault in this.

Did you even read the article?  [/rhetorical question]

The lawsuit states that former HPD officer Sgt. Anson Kimura was at the bar drinking with friends, including two other off-duty officers.

Around 1:45 a.m., Kimura took out his 38-caliber revolver and was handling it recklessly. That's when he accidentally shot Park in the abdomen.

"My client has had her life ruined by this," said Eric Seitz, Park's attorney.

Seitz said Kimura had a history of alcohol abuse and emotional distress and that HPD failed to give him adequate treatment, support and counseling.

He said the officers with Kimura that night should also be held responsible.

The guy was drinking with two cops and showing off a loaded gun.  HPD representatives were there.  Cops are never 100% off duty if they witness a public safety problem.

The guy was drinking with two cops and showing off a loaded gun.  HPD representatives were there.  Cops are never 100% off duty if they witness a public safety problem.

1. We've already seen "justice" mete out the "harsh" penalty of 60 days in jail for this "offense". So we already know how the government is dealing with one of it's own "only ones" in this case. They're never going to change the "special privileged status" of their enforcers. There are innumerable examples that these people can literally "get away with murder".

2. They'll just cite Castle Rock v. Gonzales, Warren v. District of Columbia, et al.:  "[t]he duty to provide public services is owed to the public at large, and, absent a special relationship between the police and an individual, no specific legal duty exists". So if they can stand there and watch someone get beat to death by a known criminal and "choose" not to intervene for any reason or no reason at all without any legal repercussions for themselves (cops), I hardly think a case will stand up that the other officers ought to have intervened when they witnessed a fellow officer merely drunkenly recklessly brandishing a firearm that resulted in someone being debilitated for life. That's small potatoes. Besides, the other officers were probably drunk too. And besides that, they nokea. I think the results of the case prove that. And we'll see the same attitude in this civil suit.

Cash pay day.  Shes lucky lol.

HPD will lose this on one thing and one thing alone,

the only reason he had a loaded firearm in a bar whilst drinking is because HE WAS A POLICE OFFICER at the time.

No other person except law enforcement can posses a firearm (legally) in a public place, As such HPD is 100% at fault for the shooting.

i expect a quick settlement for around 2 million

so....does this guy work for Securitas now??

If I remember correctly, the news I was watching about the airport police did say Kimura and the cop that beat his girlfriend and the one involved in the gaming room beating all worked for Securitas as armed guards.

If I remember correctly, the news I was watching about the airport police did say Kimura and the cop that beat his girlfriend and the one involved in the gaming room beating all worked for Securitas as armed guards.

Is that "worked" or "work"?

One of the big reasons I avoid Oahu, is all the idiots are open and concealed carry armed and all the good guys are disarmed.
Not much better on my island, but we can't afford as many idiots and we generally know where they
live, so they are more polite.  Not as many good guys either.
Aloha.

Is that "worked" or "work"?

I understood it to be both past and present tense.

If the cop consumed alcohol, in my eyes, he's guilty as hell and needs to get his arse kicked royally!

The guy was drinking with two cops and showing off a loaded gun.  HPD representatives were there.  Cops are never 100% off duty if they witness a public safety problem.

I do believe policy says that officers are not to be armed if they are consuming alcohol or other substance that would mess with their judgement. That is what is going to protect the department from this officer's actions then and there. They had a rule and he clearly violated it.

As you pointed out the off duty officers who were there and witnessed some portion of what happened didn't take action. I would bet that HPD also has a policy about that and if they disciplined those officers appropriately again they had the rule protecting the department.

As for allegations of inadequate treatment for substance abuse it is impossible to know if there is grounds there without more information. She might have a case there.

I do believe policy says that officers are not to be armed if they are consuming alcohol or other substance that would mess with their judgement. That is what is going to protect the department from this officer's actions then and there. They had a rule and he clearly violated it.

As you pointed out the off duty officers who were there and witnessed some portion of what happened didn't take action. I would bet that HPD also has a policy about that and if they disciplined those officers appropriately again they had the rule protecting the department.

As for allegations of inadequate treatment for substance abuse it is impossible to know if there is grounds there without more information. She might have a case there.

Do you seriously believe if an HPD officer violates a department policy, the department isn't liable for damages or injuries?

Wow!   

Just ... wow!

Do you seriously believe if an HPD officer violates a department policy, the department isn't liable for damages or injuries?

Wow!   

Just ... wow!

 Of course. If the department told the officer not to carry a gun while drinking and he disobeyed, how is the department at fault?

Of course. If the department told the officer not to carry a gun while drinking and he disobeyed, how is the department at fault?

Because the officer wears a badge, and the injured party is allowed to sue the employer of the individual.  That's civil law 101.  Employers may be sued for the negligence of one of its employees.  You drive a mail truck and hit someone, the person you hit can (and will) sue the Post Office for damages.

Do some research. 

The case they are making is HPD knew about the guys drinking problems and didn't punish him in the past, so HPD indirectly allowed the shooting to happen.  Not something I agree with as he broke the rules, and is an overall idiot.

For civil suits, it's not necessarily suing the party at fault, it's about suing the party that has the money.

Because the officer wears a badge, and the injured party is allowed to sue the employer of the individual.  That's civil law 101.  Employers may be sued for the negligence of one of its employees.  You drive a mail truck and hit someone, the person you hit can (and will) sue the Post Office for damages.

Do some research.

By that logic if a mcdonalds employee hits me with his car on his way to work in uniform i can sue mcdonalds ?


The only reason they can sue HPD is because the only reason he had a gun with him is because he is a HPD officer and no private citizen is allowed to carry one. If CCW laws for the state were different and other people could carry firearms, HPD could argue that he was carrying a  civilian just like any one else can and as such his actions are not a representation of HPD.