Latest news with #DepartmentoftheAttorneyGeneral
Yahoo
25-05-2025
- Business
- Yahoo
HTA personnel woes put $100M Hawai‘i Convention Center project at risk
The planned closure of the Hawai 'i Convention Center in 2026 and 2027 for $100 million worth of repairs could extend even longer, putting the state at risk of losing even more millions of dollars in group tourism bookings if a new project manager is not promptly found. Isaac Choy, HTA vice president of finance and acting chief administrative officer, who had been managing the project, was put on unpaid leave May 9 at the direction of the state Department of the Attorney General and the Department of Human Resources amid allegations he made racist and sexist remarks on the job. Choy, a former state tax director and lawmaker who was elected to five terms in the House of Representatives serving the Manoa district from 2008 through 2018, joined HTA in 2023. He has vehemently denied the allegations, calling them false and retaliatory. He said in an email to the Honolulu Star-Advertiser that the Department of the Attorney General has acknowledged him as a 'whistleblower ' who was working with the department, staff, other public bodies and the Legislature to report and resolve violations or suspected violations of law, rule or regulations and contracts executed by HTA. When queried about the attorney general's involvement or Choy's designation as a whistleblower, Toni Schwartz, spokesperson for the Department of the Attorney General, said in an email that the department 'will not make statements on the existence or status of possible pending investigations.' Teri Orton, Hawai 'i Convention Center general manager, asked members of the HTA Budget, Finance and Convention Center Standing Committee during a meeting Wednesday to find a way to put Choy back on the project, perhaps as a contractor, since the center is well into the planning phase to repair a leaky rooftop terrace deck and address other deferred maintenance such as the center's elevators. Orton told committee members the center already has relocated six of its largest citywide events in 2026 and 12 in 2027. The economic loss alone from Rotary International Convention, which Honolulu had planned to host June 5-9, 2027, is estimated at more than $35 million based on estimates from Rotary's 2020 convention, which was canceled due to the COVID-19 pandemic. 'We are pressed to start and finish this construction project within that time frame. We absolutely cannot let this project run behind schedule into 2028 because it will mean we will have to relocate additional business (and ) we have put out our word on the line, ' Orton said. 'This is a sense of urgency and a plea to everyone in this committee that we find someone to spearhead this project, ' she said. 'We are so late in the game in the planning process for this project that to bring anyone in at this point other than Isaac is going to be a huge undertaking in bringing this person up to speed. We have $100 million in projects in two years.' Caroline Anderson, HTA director of planning and interim HTA president and CEO, told the Star-Advertiser on Friday that the agency had sent the state Department of Accounting and General Services a request for proposals and the current contracts to review. 'I am meeting with them next week to get their assistance. They know how important this project is for the state, ' Anderson said. James Kunane Tokioka, director of the state Department of Business, Economic Development and Tourism, estimated at the HTA Budget, Finance and Convention Center committee meeting Wednesday that it would cost more than $561, 000 to hire outside professional services if other state agencies cannot provide a project manager to take over Choy's duties at the center. One reason HTA is having difficulty finding a project manager from within its staff is that the agency has multiple vacancies, and many HTA staff members including Anderson already are working multiple jobs or do not have the necessary skills to oversee a large-scale construction project. To be sure, State Sen. Kurt Fevella (R, Ewa Beach ), HTA contractors, former HTA employees and some board members alleged in a May 4 that HTA and DBEDT failed to respond promptly to complaints about a hostile work environment, including alleged racist and sexist comments, that they claim contributed to the recent resignations of five Native Hawaiian members of HTA's leadership team. First 90 days The convention center threat is just the latest challenge Anderson has had to steer HTA through as she embarks on a 90-day action plan to shore up the state's top tourism agency following its latest major leadership scramble. Daniel Naho 'opi 'i, HTA's last interim president and CEO, abruptly resigned March 21 after just 18 months on the job. His resignation letter to the HTA board characterized the work environment as 'toxic ' and fraught with power struggles. Anderson is working closely with HTA Board Chair Todd Apo, who assumed the role March 27. Apo replaced Mufi Hanne mann, who stayed on the HTA board but resigned as chair following blowback from a recent state financial audit. Anderson told the HTA board during a May 1 meeting that she plans in the next 90 days to focus on stabilizing the agency's leadership and organizational structure and strengthening strategic communication. She also aims to improve the HTA board by defining roles and duties, establishing intraboard relations and board and staff relations, consolidating board committees and identifying necessary and beneficial board training. Anderson said the plan's goals include achieving a collaborative and cohesive team that communicates and coordinates efforts and works together efficiently ; reducing overdue invoices by 100 % and identifying other outstanding contractor issues ; reviewing and updating HTA policies and procedures ; and improving board work and efficiencies. She also set a goal by July 1 to fill several key staff leadership vacancies, including a public affairs officer, brand manager for the stewardship team and chief stewardship officer. Anderson said she wants to prioritize effective tourism policy development by setting clear direction while empowering staff to implement its annual Strategic Tourism Management Plan, which she said is due around November along with the next round of Destination Management Action Plans, or DMAPS, the community-driven tourism management plans for each island. It's been a challenging start. Some HTA board members already are pushing to evaluate Anderson's performance in her new role and for her to complete other employee evaluations by June. Increased scrutiny Since 2002, the state Office of the Auditor has conducted five management and financial audits of HTA, and the latest released this month was as unfavorable as the last four. 'HTA's lack of accountability, lack of measurable results, and lack of tracking of progress have been recurring themes in past audits by the Office of the Auditor, ' the audit read. 'HTA's inability to demonstrate its effectiveness undermines its credibility with the public and policymakers, as well as its ability to effectively make data-driven decisions and allocate.' The latest audit called HTA's destination management efforts 'not new or effective, ' and said action plans for each island were 'poorly planned and executed ' and that many of the efforts 'did not address hot spots.' Anderson said that prior to the state audit, HTA had conducted an internal audit and since then has been 'putting more metrics, milestones, targets into not only DMAPs, but also our strategic plan as well.' HTA entered this legislative session in a better place with a $63 million recurring budget and no threat of dissolution after years of struggles. Last year, state lawmakers tightened oversight of HTA by removing its exemption from the administrative supervision of boards and commissions, which put DBEDT in the driver's seat when it went into effect July 1. The exemption was its last after the Legislature took away its procurement exemption in 2021, and in 2022 the agency lost its special fund status. However, this year state lawmakers moved swiftly to pass Senate Bill 1571, which if signed by Gov. Josh Green will change HTA's governance model and tighten oversight of the agency. They were reacting to a state financial audit of HTA, which was conducted by Accuity LLP and released in late March, that determined procedural deficiencies allowed for inappropriate freebies at the Hawai 'i Convention Center. Apo told the HTA Administrative and Audit Standing Committee on April 7 that based on input from HTA staff that he did not 'see an abuse of discretion ' and recommended putting the matter 'to bed.' John Cole, state deputy attorney general, told the Star-Advertiser that the matter had been referred to the Department of the Attorney General, but it was determined there was not enough information to open an investigation. The Department of the Attorney General has declined to provide status updates ; however, it has been directed by Green to review the Choy matter. It also has been asked by HTA to determine whether the agency must pay $780, 000 in interest for millions of dollars in to its largest contractor, the Hawai 'i Visitors &Convention Bureau. On Friday, HVCB said it was still due $3.8 million in unpaid invoices, down from the more than $11 million in back payments it was owed by HTA some months ago.
Yahoo
06-05-2025
- Politics
- Yahoo
Senator seeks tourism ousters amid racism, sexism complaints
State Sen. Kurt Fevella called on Gov. Josh Green to seek the resignations of two top state officials from the two main state agencies overseeing tourism on Monday due to allegations of a hostile work environment, which he said included alleged racist and sexist comments against Native Hawaiians. Fevella (R, Ewa Beach ), said, 'There is a toxic and hostile work environment at HTA. Because of the efforts to sweep this matter under the rug, I am calling for the resignations of James Toki oka, director of the (Department of Business, Economic Development and Tourism ), and Issac Choy, HTA's acting chief administrative officer.' The news conference followed a sign-waving in front of the state Capitol, which was attended by about a dozen people, and was a follow-up to a request that Fevella made Thursday to state Attorney General Anne E. Lopez to investigate complaints that Choy allegedly had referred to an HTA contractor, the Council for Native Hawaiian Advancement, as 'dumb Hawaiians ' and also was alleged to have 'demeaned and belittled ' female HTA board members. Fevella also alleged that a hostile workplace contributed to the recent resignations of several HTA employees who were Native Hawaiian, including Daniel Naho 'op 'i, former interim HTA president, who resigned from HTA on March 21. Other recent resignations by Native Hawaiian staff have included Maka Casson-Fisher, HTA brand manager ; 'Iwalani Kaho 'ohanohano, HTA senior brand manger ; Ilihia Gionson, HTA public affairs officer ; and most recently Kalani Ka 'ana 'ana, HTA chief stewardship officer and interim public affairs officer, whose resignation was effective Friday. Choy responded to the Honolulu Star-Advertiser in an email Monday saying, 'I deny Senator Fevella's false allegations. The Attorney General will investigate these matters, and I have been advised to reserve specific responses for the investigation.' Choy, a former state tax director and lawmaker who was elected to five terms in the House of Representatives serving the Manoa district from 2008 through 2018, joined HTA in 2023. For more than a year, he said, he has worked with staff, the Department of the Attorney General, other public bodies and the Legislature to report and resolve violations or suspected violations of law, rule or regulations and contracts executed by HTA. 'To protect against retaliation, the Attorney General's office has acknowledged my staff and me as whistleblowers, ' he said. 'It is unfortunate that the recent allegations appear to be in retaliation for the work done by me and the staff of the HTA Finance-Procurement Section.' When queried about the attorney general's involvement or Choy's designation as a 'whistleblower, ' Toni Schwartz, spokesperson for the Department of the Attorney General, said in an email Monday, 'The Department of the Attorney General will not make statements on the existence or status of possible pending investigations.' Makana McClellan, Green's director of communications, said in an email, 'The Governor has directed Attorney General Lopez and DHRD Director Hashimoto to thoroughly investigate these allegations, determine the facts and identify any appropriate next steps.' HTA board Chair Todd Apo said the board also is waiting for the attorney general's guidance. State Sen. Lynn DeCoite (D, Hana-East and Upcountry Maui-Molokai-Lanai-Kahoolawe ), chair of the Senate Committee on Energy, Economic Development and Tourism, told the Star-Advertiser in a phone interview Monday, 'HTA is in the paper every week. We've had many challenges with them. I'm not going to second-guess what people are saying. I want accuracy and I want facts.' DeCoite added, 'I've known Issac Choy for years and worked with him on countless numbers of bills as a female, and I've never felt him to be sexist, and as a Hawaiian I've never felt him to be racist towards me or when around other Hawaiians.' House Majority Leader Sean Quinlan (D, Waialua-Haleiwa-Punaluu ) said, 'The AG's Office is going to look into the situation, and I think it's really premature to call for anyone's resignation based off of allegations, which may or may not be true.' Choy said, 'I believe that the results of the AG investigation will confirm that the work done by me and the HTA Finance and Procurement staff has been and will continue to be in the best interests of HTA and the state and not racially discriminatory in any way.' However, Tyler Gomes, administrator of the Council for Native Hawaiian Advancement's Kilohana, filed a complaint Nov. 25 alleging that Choy called Gomes and the rest of the CNHA team 'dumb Hawaiians ' during an August 2023 meeting, and afterward embarked on a pattern of behavior that was 'race-based in its inequity.' Tokioka said Friday in an email that CNHA officials were not present at the August 2023 meeting but that he was there and that he had heard Choy use derogatory language during a conversation about CNHA with other HTA staff members. He said that he placed a written warning in Choy's personnel file in October 2024 after learning that Naho 'opi 'i, who was also present when the remark was made, had not taken further action. He said Choy apologized to staff, and the matter was considered resolved. But Hinaleimoana Wong-Kalu, community leader and CNHA ambassador, who was at Fevella's action Monday, said, 'For too many years, Kanaka of Hawaii have allowed elephants in the room to multiply exponentially in both overt and covert ways—negatively impacting our existence in our homeland.' During the news conference, Fevella alleged that Choy also had made unresolved racist and sexist remarks to two Native Hawaiian female board members and had threatened staff. He said DBEDT's human resources was aware of complaints, but alleged that Tokioka protected Choy because they were friends. Tokioka told the Star-Advertiser in an email Monday, 'After allegations were made, the DBEDT human resources officer met with former interim HTA President &CEO Daniel Naho 'opi 'i on a number of occasions regarding the complaints. Mr. Naho 'opi 'i stated in numerous meetings with Deputy Attorney General John Cole present that he would address the allegations but did not follow up with VP of Finance Isaac Choy or anyone else.' Naho 'opi 'i told the Star-Advertiser on Saturday that a key reason he left HTA was that he was prevented from effectively addressing numerous complaints involving Choy, including two formal complaints from HTA board members, two complaints from HTA contractors, one formal complaint from an HTA employee and multiple other informal employee complaints. Naho 'opi 'i said he felt threatened because Tokioka had tried to discipline him, unsuccessfully, after Naho 'opi 'i represented the HTA board's position on a bill in 2024 that was not aligned with DBEDT's position.
Yahoo
24-04-2025
- Business
- Yahoo
Bill sets aside $807.5 million for Maui wildfire claims
Hawaii legislative leaders have agreed to fully fund the state's share of Maui wildfire damage claims slated to be paid out over four years. A select group of lawmakers in the House and Senate agreed Tuesday to terms for a bill that would deposit about half of the state's $807.5 million obligation into a trust fund next fiscal year followed by the balance a year later. State attorneys in August agreed with five other defendants in mass litigation over the Aug. 8, 2023, wildfires to settle all loss claims for about $4 billion, with payments spread over four years. The fire killed 102 people, destroyed around 3, 500 homes along with other property and resulted in more than 650 lawsuits seeking damages. The total number of loss claims subject to settlement payments is expected to be over 17, 000. House Bill 1001 was sought by Gov. Josh Green to fund the state's portion of the settlement, and essentially would prefund much of the payout intended to be made in four annual installments. During one public hearing on the bill last month, Sen. Glenn Wakai, chair of the Senate Committee on Energy and Intergovernmental Affairs, expressed concern over other defendants possibly not being able to pay their share. Don 't miss out on what 's happening ! Stay in touch with breaking news, as it happens, conveniently in your email inbox. It 's FREE ! Email 28141 Sign Up By clicking to sign up, you agree to Star-Advertiser 's and Google 's and. This form is protected by reCAPTCHA. Wakai singled out Hawaiian Electric, which agreed to pay about $2 billion, representing the single biggest share. 'So it looks like you are in good shape to cover your first two payments, so about half of the $2 billion, ' Wakai said to Scott Seu, president and CEO of the utility's parent company, Hawaiian Electric Industries Inc., during a March 18 hearing. 'How are you going to pay the last billion dollars ?' Seu told Wakai that HEI anticipates raising the sum by issuing debt and by selling new shares of stock in the company. The committee led by Wakai (D, Kalihi-Salt Lake-Pearl Harbor ) amended HB 1001 in part to require that other settlement payers have a plan for making their payments approved by the state Department of the Attorney General and to make their payments a little ahead of state contributions. Subsequently, the Senate Ways and Means Committee eliminated those new proposed terms in its own draft of HB 1001 after the Department of the Attorney General raised concerns about the terms conflicting with the settlement agreement overseen by a state court judge. On Tuesday, a joint House-Senate committee made agreed-upon tweaks to the bill before a Friday deadline to hash out differences. 'This is a very important measure, ' Rep. David Tarnas, chair of the House Judiciary and Hawaiian Affairs Committee, said during the committee meeting after an agreement with Senate negotiators was announced. 'We have a bill, a very important bill.' Final legislative approval still depends on votes by the 51-member House and 25-member Senate before the end of this year's legislative session on May 2. If the Legislature balks at funding the state's share of the wildfire settlement, it could delay or derail the resolution of costly litigation and getting financial help to victims. 'By resolving these claims quickly, victims and their families can begin rebuilding their lives much sooner than if litigation were to drag on for years, ' the Department of the Attorney General said in written testimony on the bill. Other contributors to the settlement are Kamehameha Schools, which is responsible for $872.5 million, and Spectrum Oceanic LLC, Hawaiian Telcom and affiliates of West Maui Land Co., collectively responsible for about $300 million. Most or all of settlement payers previously contributed $175 million to a victim-compensation fund led by the state that recently began paying personal injury and death claims detached from the litigation, though this sum is being credited to the $4 billion settlement deal. If the settlement receives final court approval, a settlement administrator will decide how much to distribute to each claim holder. Attorneys representing plaintiffs in the litigation are also expected to receive a significant share of settlement proceeds. Seu said in February that the utility company anticipates making its first wildfire settlement payment toward the end of this year or in early 2026. If HB 1001 becomes law, $400 million would be deposited into a trust account overseen by the Department of the Attorney General during the fiscal year starting July 1, and then the $407.5 million balance would follow in the following fiscal year. The department would be in charge of using the fund to make the planned four annual installment payments compensating fire victims.
Yahoo
23-04-2025
- Yahoo
Hawaii set to pay $750,000 in wrongful death settlement
COURTESY PHOTO Delmar Espejo : The 28-year-old was shot by a sheriff's deputy at the state Capitol in 2019 COURTESY PHOTO Delmar Espejo : The 28-year-old was shot by a sheriff's deputy at the state Capitol in 2019 The state Legislature is expected to approve a $750, 000 settlement in the 2019 wrongful shooting death of an unarmed, disabled, homeless man by an on-duty state deputy sheriff, who was not criminally held responsible but since faces scrutiny in the deaths of two more people in 2021 and 2022 while a police officer in San Diego. Delmar Espejo, 28, was shot in the back at close range and killed on Feb. 18, 2019, at the state Capitol rotunda by former Deputy Sheriff Gregory Bergman. The victim's family filed a civil wrongful death lawsuit against the state and Bergman on Feb. 17, 2021. A jury awarded $2.27 million to Espejo's mother, Cresencia Espejo, including $1.52 million in punitive damages. The shooting of Espejo was the 12th in a string of 16 shootings by Oahu law enforcement officers from 2018 to March 2019, eight of them deadly. The fatal shootings by Bergman and a second by a prison guard in March 2019 were the first fatal shootings in at least the previous 10 years by Department of Public Safety officers. The state sought to overturn both the jury's verdict and a judge's findings and conclusions against the state and Bergman, who left Hawaii shortly after Espejo was killed. He became a police officer in San Diego, where he was involved in the shooting of a suicidal man ; the other, a man shot in the back, on his knees allegedly surrendering. Bergman was never held criminally responsible for Espejo's death. The Department of the Attorney General in September 2019 cleared him, saying there was insufficient evidence to charge him, despite the Honolulu Police Department having opened a second-degree murder case after an autopsy revealed Espejo was shot in the back at close range. Don 't miss out on what 's happening ! Stay in touch with breaking news, as it happens, conveniently in your email inbox. It 's FREE ! Email 28141 Sign Up By clicking to sign up, you agree to Star-Advertiser 's and Google 's and. This form is protected by reCAPTCHA. The AG spokesperson at the time said the Attorney General's Office reached its conclusion by relying on HPD's preliminary findings and did not conduct its own investigation. After the verdict in the civil case, the state and Bergman, who claimed self-defense, had filed a motion for a new trial, but instead a closed settlement conference was held Feb. 6. The parties reached a confidential agreement. The state's $750, 000 portion was made public when it sought approval by the Legislature in House Bill 990 with other judgments against the state and settlement of claims. The Department of the Attorney General did not respond to requests for comment. On the evening of Feb. 18, 2019, Bergman was making his rounds and encountered Espejo, who had been drinking alcohol at about 8 :20 p.m. at the Ewa-makai corner of the state Capitol rotunda. At a news conference the following day, then-Public Safety Director Nolan Espinda told the public the shooting resulted from an 'extreme struggle ' between a deputy sheriff and Espejo, who refused to dispense of his drink container, was combative and failed to obey numerous commands to stop fighting. Instead of waiting for backup, the deputy got up close enough to Espejo so that according to Espinda's narrative, Espejo wrapped his arms around the deputy sheriff who, at over 6 feet 2 inches tall and 205 pounds, towered above the 5-foot-3, 117-pound shooting victim. Espinda said that's when the deputy's gun discharged and killed Espejo. Espejo walked with a limp and had withered legs from congenital polio as a child, which required surgery, his family and his family's attorney, Myles Breiner, said. Espinda said there was no surveillance footage of the shooting at the state Capitol, despite numerous security cameras there. Circuit Court jurors, in an overwhelming majority—11 to 1—found Nov. 29 that punitive damages in the amount of $1.52 million should be awarded to Espejo's mother and against Bergman. Jurors found that compensatory and /or general damages of $750, 000 should also go to Espejo's mother. The majority of jurors, 10 to 2, found Bergman was negligent in his use of force. But a majority did not find that, based on the evidence, Bergman used excessive / unreasonable force, and none found he committed battery on Espejo. The jury unanimously found the state breached its duties to properly train and /or supervise Bergman. Circuit Judge Dean Ochiai, in his Jan. 10 findings of fact and conclusions of law, awarded $750, 000 in general damages to Cresencia Espe jo, 'in which Bergman and the State of Hawaii are jointly and severally liable.' The judge found Bergman violated training, department policy on use of force, failed to wait for backup, failed to remain 6 feet away, and shot Espejo in the back while pushing him down onto his stomach. The lawsuit was initially filed against the state, Public Safety Department, Sheriff Division, Bergman in his individual capacity and Public Safety Director Nolan Espin da individually and in his official capacity. The judge found Bergman, who had been a deputy sheriff for less than two years, called but failed to wait for backup. He confronted Espejo for drinking alcohol, a petty misdemeanor, and ordered him to pour out the drink. 'From the time Bergman reached toward Espejo to force him to pour out the bottle in less than 1 minute, (he ) had shot Espejo in his upper back, ' the judge said. An Internal Affairs investigator and Bergman testified he had at least six opportunities to call for backup and maintain a 6-foot distance and use a baton or pepper spray, but instead rushed to tackle Espejo for refusing to pour out the drink. 'While pushing Espejo down onto his stomach, Bergman discharged one round into the unarmed Espejo's back, ' the judge found. The judge quoted Bergman's testimony as to why he did not follow the department's crisis intervention training that avoids injury to officer and citizens and the need to deescalate and wait for backup. Bergman said, 'I thought I could take him, ' according to the Internal Affairs investigator's testimony. The court also found that numerous items of evidence, which should have been in the state's custody and control, were lost. They include footage from eight HPD body cameras, Bergman's interview with HPD and video footage from the state Capitol. The San Diego Police Department confirmed with the Honolulu Star-Advertiser that Bergman was hired in 2019 shortly after the Hawaii shooting, but would not respond to questions concerning the San Diego shootings, nor whether he is in good standing. The California Department of Justice is investigating Bergman and another officer in the Dec. 8, 2022, shooting of John Ray Romero, the Office of the Attorney General's website shows. In that case, Romero had a gun pointed to his own head when police arrived, according to news reports. He asked police to shoot him. Bergman and another officer reportedly did. In a July 23, 2021, case, Bergman was one of two officers involved in the shooting death of Jesus Veleta, a 22-year-old armed man who was shot in the back. The Veleta family filed a $20 million legal claim against San Diego County, alleging Veleta was in the process of surrendering and was on his knees with his back turned when he was shot. The complaint accuses the officers of using excessive and lethal force. The San Diego County District Attorney's Office had previously cleared Bergman and the other officer of criminal liability. The DA's report said Veleta stumbled and fell, and officers ordered him to drop the gun. He 'raised it up behind him back towards the officers.' Officers fired and struck him in the back. 'Veleta threw his handgun in front of him as the officers discharged their weapons, ' the report said. The DA concluded Veleta ignored multiple commands to drop the gun and made no indications he was going to surrender, and that the officers reasonably believed he would shoot them unless they fired.
Yahoo
23-04-2025
- Yahoo
State set to pay $750,000 in wrongful death settlement
COURTESY PHOTO Delmar Espejo : The 28-year-old was shot by a sheriff's deputy at the state Capitol in 2019 COURTESY PHOTO Delmar Espejo : The 28-year-old was shot by a sheriff's deputy at the state Capitol in 2019 The state Legislature is expected to approve a $750, 000 settlement in the 2019 wrongful shooting death of an unarmed, disabled, homeless man by an on-duty state deputy sheriff, who was not criminally held responsible but since faces scrutiny in the deaths of two more people in 2021 and 2022 while a police officer in San Diego. Delmar Espejo, 28, was shot in the back at close range and killed on Feb. 18, 2019, at the state Capitol rotunda by former Deputy Sheriff Gregory Bergman. The victim's family filed a civil wrongful death lawsuit against the state and Bergman on Feb. 17, 2021. A jury awarded $2.27 million to Espejo's mother, Cresencia Espejo, including $1.52 million in punitive damages. The shooting of Espejo was the 12th in a string of 16 shootings by Oahu law enforcement officers from 2018 to March 2019, eight of them deadly. The fatal shootings by Bergman and a second by a prison guard in March 2019 were the first fatal shootings in at least the previous 10 years by Department of Public Safety officers. The state sought to overturn both the jury's verdict and a judge's findings and conclusions against the state and Bergman, who left Hawaii shortly after Espejo was killed. He became a police officer in San Diego, where he was involved in the shooting of a suicidal man ; the other, a man shot in the back, on his knees allegedly surrendering. Bergman was never held criminally responsible for Espejo's death. The Department of the Attorney General in September 2019 cleared him, saying there was insufficient evidence to charge him, despite the Honolulu Police Department having opened a second-degree murder case after an autopsy revealed Espejo was shot in the back at close range. Don 't miss out on what 's happening ! Stay in touch with breaking news, as it happens, conveniently in your email inbox. It 's FREE ! Email 28141 Sign Up By clicking to sign up, you agree to Star-Advertiser 's and Google 's and. This form is protected by reCAPTCHA. The AG spokesperson at the time said the Attorney General's Office reached its conclusion by relying on HPD's preliminary findings and did not conduct its own investigation. After the verdict in the civil case, the state and Bergman, who claimed self-defense, had filed a motion for a new trial, but instead a closed settlement conference was held Feb. 6. The parties reached a confidential agreement. The state's $750, 000 portion was made public when it sought approval by the Legislature in House Bill 990 with other judgments against the state and settlement of claims. The Department of the Attorney General did not respond to requests for comment. On the evening of Feb. 18, 2019, Bergman was making his rounds and encountered Espejo, who had been drinking alcohol at about 8 :20 p.m. at the Ewa-makai corner of the state Capitol rotunda. At a news conference the following day, then-Public Safety Director Nolan Espinda told the public the shooting resulted from an 'extreme struggle ' between a deputy sheriff and Espejo, who refused to dispense of his drink container, was combative and failed to obey numerous commands to stop fighting. Instead of waiting for backup, the deputy got up close enough to Espejo so that according to Espinda's narrative, Espejo wrapped his arms around the deputy sheriff who, at over 6 feet 2 inches tall and 205 pounds, towered above the 5-foot-3, 117-pound shooting victim. Espinda said that's when the deputy's gun discharged and killed Espejo. Espejo walked with a limp and had withered legs from congenital polio as a child, which required surgery, his family and his family's attorney, Myles Breiner, said. Espinda said there was no surveillance footage of the shooting at the state Capitol, despite numerous security cameras there. Circuit Court jurors, in an overwhelming majority—11 to 1—found Nov. 29 that punitive damages in the amount of $1.52 million should be awarded to Espejo's mother and against Bergman. Jurors found that compensatory and /or general damages of $750, 000 should also go to Espejo's mother. The majority of jurors, 10 to 2, found Bergman was negligent in his use of force. But a majority did not find that, based on the evidence, Bergman used excessive / unreasonable force, and none found he committed battery on Espejo. The jury unanimously found the state breached its duties to properly train and /or supervise Bergman. Circuit Judge Dean Ochiai, in his Jan. 10 findings of fact and conclusions of law, awarded $750, 000 in general damages to Cresencia Espe jo, 'in which Bergman and the State of Hawaii are jointly and severally liable.' The judge found Bergman violated training, department policy on use of force, failed to wait for backup, failed to remain 6 feet away, and shot Espejo in the back while pushing him down onto his stomach. The lawsuit was initially filed against the state, Public Safety Department, Sheriff Division, Bergman in his individual capacity and Public Safety Director Nolan Espin da individually and in his official capacity. The judge found Bergman, who had been a deputy sheriff for less than two years, called but failed to wait for backup. He confronted Espejo for drinking alcohol, a petty misdemeanor, and ordered him to pour out the drink. 'From the time Bergman reached toward Espejo to force him to pour out the bottle in less than 1 minute, (he ) had shot Espejo in his upper back, ' the judge said. An Internal Affairs investigator and Bergman testified he had at least six opportunities to call for backup and maintain a 6-foot distance and use a baton or pepper spray, but instead rushed to tackle Espejo for refusing to pour out the drink. 'While pushing Espejo down onto his stomach, Bergman discharged one round into the unarmed Espejo's back, ' the judge found. The judge quoted Bergman's testimony as to why he did not follow the department's crisis intervention training that avoids injury to officer and citizens and the need to deescalate and wait for backup. Bergman said, 'I thought I could take him, ' according to the Internal Affairs investigator's testimony. The court also found that numerous items of evidence, which should have been in the state's custody and control, were lost. They include footage from eight HPD body cameras, Bergman's interview with HPD and video footage from the state Capitol. The San Diego Police Department confirmed with the Honolulu Star-Advertiser that Bergman was hired in 2019 shortly after the Hawaii shooting, but would not respond to questions concerning the San Diego shootings, nor whether he is in good standing. The California Department of Justice is investigating Bergman and another officer in the Dec. 8, 2022, shooting of John Ray Romero, the Office of the Attorney General's website shows. In that case, Romero had a gun pointed to his own head when police arrived, according to news reports. He asked police to shoot him. Bergman and another officer reportedly did. In a July 23, 2021, case, Bergman was one of two officers involved in the shooting death of Jesus Veleta, a 22-year-old armed man who was shot in the back. The Veleta family filed a $20 million legal claim against San Diego County, alleging Veleta was in the process of surrendering and was on his knees with his back turned when he was shot. The complaint accuses the officers of using excessive and lethal force. The San Diego County District Attorney's Office had previously cleared Bergman and the other officer of criminal liability. The DA's report said Veleta stumbled and fell, and officers ordered him to drop the gun. He 'raised it up behind him back towards the officers.' Officers fired and struck him in the back. 'Veleta threw his handgun in front of him as the officers discharged their weapons, ' the report said. The DA concluded Veleta ignored multiple commands to drop the gun and made no indications he was going to surrender, and that the officers reasonably believed he would shoot them unless they fired.
