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31 Jul, 2025
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Case dismissed against city in killing of unarmed man
@Source: staradvertiser.com
The civil trial in the wrongful death case brought by the widow of Lindani Myeni, an unarmed Black man shot by police in 2021, abruptly ended Tuesday when the judge dismissed the case. Judge Karin Holma ruled in favor of the city on its motion for judgment filed Friday afternoon before the city had finished presenting its evidence, and after the plaintiff’s attorneys completed their case Friday. The city’s motion alleged the two police officers, who shot the 29-year-old former South African professional rugby player four times the night of April 14, 2021, did not do so with malice, which is a civil rule, and that the plaintiff did not put forth any evidence to show Plaintiff’s law firm, Bickerton Law Group, issued a statement Tuesday that said seven days of testimony included body worn camera footage of the officer pointing a gun behind a flashlight and failing to identify himself as a police officer, arguing Myeni was provoked to throw a defensive punch. The officer shot him 16 seconds later, then called him a (expletive) punk.” “The entirety of Plaintiff’s Complaint fails because Plaintiff has not introduced any evidence that Defendants (Garrick) Orosco and (Brent) Sylvester acted with malice,” the city argued, therefore the officers are immune from liability. James Bickerton, attorney for L. Lindsey Myeni, Myeni’s widow, said of the ruling: “It came as a surprise to us, and we did feel that there was evidence, and it’s hard to understand the ruling, but we have to, as officers of the court, we have to live with these rulings. “Our remedy is to appeal and not criticize the court.” Bickerton said most people want to know if a police officer shines a flashlight in a person’s face in the dark, and fails to identify himself, which he or she is required to do so, whether that violates a civilian’s civil rights. “Police should not have immunity if they break those rules,” he said. He questioned whether they should still be allowed to break the rules if they were not malicious. “This rule that protects individual officers isn’t supposed to protect the city itself,” he said. The city Department of the Corporation Counsel had recommended to settle the case for $1.5 million, but the City Council rejected the proposal. Honolulu Prosecutor Steve Alm in a news release said that his office conducted an independent investigation and concluded that the officers involved acted professionally and appropriately, “with zero evidence of racism.” “While the outcome was tragic, Mr. Myeni brought this on himself and, by his actions, caused the officers to use deadly force,” Alm said. Mayor Rick Blangiardi also said in a news release that he stands by the “I am pleased that the court affirmed the city’s position that the officers involved did not act out of malice in the death of Lindani Myeni. From the beginning, this has been a deeply painful and emotional matter for everyone involved,” the mayor said. “No legal decision can undo the loss experienced by the Myeni family. We extend our heartfelt condolences to them,” he said.
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