Family files wrongful death lawsuit after fatal police shooting in Kona

Peter Boylan, The Honolulu Star-Advertiser
·3 min read
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Apr. 7—The family of a 32-year-old Kailua-Kona man who was shot and killed in a car he was driving by Hawaii police during a hunt for an attempted murder suspect filed a wrongful death lawsuit Thursday against the two officers and the county.

The family of a 32-year-old Kailua-Kona man who was shot and killed in a car he was driving by Hawaii police during a hunt for an attempted murder suspect filed a wrongful death lawsuit Thursday against the two officers and the county.

The lawsuit, filed by the parents of Kainoa Kahele-Bishop, who was allegedly March 10 by Hawaii island police, names officer Justin Gaspar, detective Chad Taniyama, the county and other unnamed defendants.

"Although Kainoa did not attempt to flee and posed no threat to the officers, Defendants Gaspar and Taniyama immediately fired several shots into the Vehicle striking and killing Kai ­noa, " reads the complaint, which also accuses the detectives of violating department policies governing the use of force. "Since Kainoa's death Defendants Gaspar, Taniyama, and certain of the Doe Defendants have harassed Plaintiffs' family members and repeatedly have made false, misleading, and /or threatening statements about the relevant events to support the narrative that the shooting of Kainoa was justified."

Kahele-Bishop's family's attorney, Eric Seitz, declined comment.

Hawaii police declined comment on pending litigation. Gaspar is a police officer III and has been with the department for 13 years, according to Hawaii police, and Taniyama has been with the department for 25 years.

"The current investigations in the officer-involved-shooting are ongoing at this time, " said Denise Laitinen, public relations specialist for the Hawaii Police Department, in a statement to the Honolulu Star-Advertiser.

State of Hawaii Organization of Police Officers President Robert Cavaco told the Star-Advertiser in a statement that police officers are forced to make split-second decisions based on the "totality of circumstances they confront to protect themselves and the public."

"We're confident that after the full review of facts and evidence is complete, it will show that our officers acted lawfully and appropriately to protect themselves based on the suspect's actions. Following the incident, multiple firearms were recovered from the vehicle driven by the suspect, " said Cavaco.

On March 10, Hawaii plainclothes vice detectives Gaspar and Taniyama were looking for suspect Ronald Patrick Keahonui Kahihikolo, 44, who was wanted for attempted murder, domestic abuse, car theft and gun crimes in the Kona area. Kahihikolo was with people who had allegedly stolen two vehicles, a silver Chevy Malibu and a white Dodge sedan, according to police.

As the detectives began canvassing the area, they spotted the Chevy Malibu, driven by Kahele-Bishop, heading southbound on Kamakaeha Avenue.

"When detectives attempted to contact the pair (Kahele-Bishop and a female companion ) as the Malibu came to a stop at the intersection of Kamakaeha Avenue and Palani Road, Kahele-Bishop ignored the officers' lawful commands to show them his hands and began reaching for an object. Fearing for their safety, two detectives discharged their duty weapons, striking Kahele-Bishop, who unfortunately died at the scene, " read a Hawaii Police Department news release March 11.

After executing a search warrant on the Chevy Malibu, detectives from the Area II Criminal Investigation Section recovered a loaded sawed-off shotgun and an unloaded bolt-action rifle, more than 25 rounds of ammunition, one spent round of ammunition and eight credit cards that did not belong to Kahele-Bishop or his female companion, the statement said.

Kahele-Bishop had an outstanding parole violation with the Hawaii Paroling Authority and was "also a person of interest in an attempted burglary Feb. 26, " according to Hawaii police.

The complaint said Gaspar and Taniyama's "use of deadly force was unnecessary, unwarranted, and in violation of applicable policies and practices of HPD and laws of the State of Hawaii."