Today, we honor and recognize Dr. Martin Luther King, Jr. and the path he forged for all people around the world. His most noted speech, “I Have a Dream,” is topical today as millions of citizens perceive the promise of America to be slipping away. Currently about 30 percent of conservatives support Donald Trump who vows to “make America great again.” Nearly half of progressives rally behind Bernie Sanders, a self-labeled Democratic Socialist, who challenges the influence of Big Money and Global Corporations in defense of common families. Both unorthodox candidates attract supporters who believe the opportunity to dream and succeed in America is no longer possible. I document here how the corrupt and incompetent leadership of Kauai’s police chief, Darryl Perry, destroys the promise of America.
2015 was not a good year for law enforcement in America. There have been an unacceptable number of high profile police shootings — which look a lot like murders to citizens and family members. The ubiquitous presence of smart phones and video recorders has focused a spotlight on police behavior. These new technologies reveal unacceptable levels of police brutality and corrupt behavior by law enforcement. The daughter of Eric Garner, a Black man placed in a fatal chokehold by New York police officer Daniel Pantaleo, wrote “Our entire political system justifies the murder of black citizens, and the ‘failure to supervise’ goes all the way to the top.” [1]
Policing is a difficult job; serving as a police officer is heroic. There are thousands of hard-working, honest and excellent cops. Unfortunately, we are aware of many bad apples today. As citizens must respect the badge and uniform, the bad apples tarnish the reputation of other officers and the system. Citizens must be able to trust the competence of police — but we can’t. Our family had four major dealings with KPD. They got it wrong each time. This cost us job opportunities while KPD protected criminals. The incompetence and corruption of KPD forced us to spend over $20,000 in legal fees and associated costs. As I show here, the corrupt and incompetent leadership of Kauai’s police chief, Darryl Perry, represents a failure to supervise. His tenure is a failure of leadership.
In the Democratic debate last evening, Hillary Clinton told viewers “One out of three African American men may well end up going to prison.” Although current trends suggest conditions have improved somewhat for African American males, something is wrong here in the islands. Nationally, US Department of Justice figures highlight a decrease in the number of prisoners held in federal and state correctional facilities since its peak in 2009. The opposite has occurred here — the number of prisoners under the jurisdiction of state or federal correctional authorities increased by 4.2 percent (4.5% for males; 1.2% for females) for the most recent year of reporting. [2]
In one situation where KPD responded, two men were “shaking me down,” i.e., they were attempting to extort money from me and illegally blocked me from my home. My phone, car keys and wallet were inside; there was no other entrance. After I pushed my way past the criminals into my residence, the thugs called KPD. Officer Jason Scalzo [K2594] arrested me for allegedly “twisting the arm” of the man who was blocking my path. His name is Paul Bun Chong Say. He’s a felon who’s been in prison for many years. Shortly after threatening me, he “beat his girlfriend black and blue” (his words). KPD protected his violent and anti-social behavior. The incompetence and corruption of KPD under the direction of Chief Perry has hurt many residents.
Innocent Until Proven Guilty is Dead
Over Incarceration of citizens isn’t the only problem. Being arrested in America is a guilty sentence as well. People do not consider one who has beeb arrested as “innocent until proven guilty.” One arrest can lead to a job termination — or worse — the inability to land a job. Millions of citizens, particular Black and minority, have been arrested on false allegations or for petty violations. This keeps them out of the work force and destroys opportunity. We are building more prisons than schools.
Officers under the command of Chief Darryl Perry frequently make mistakes. They rush to play judge and jury in the field before they have all the facts. They are poorly trained, do not appear to be highly educated or experienced, and supervision and leadership are poor. More concerning, department oversight is corrupt and covers up errors of officers. Citizens are falsely penalized and society suffers. The bottom line is our Criminal Justice system is broken.
Living on Kaua’i isn’t easy. Costs are high; wages low; and there is tremendous frustration within the local population. Millions of people would love to live here and competition is fierce. In an 2015 podcast with Lewis Howes, professional Big Wave surfer/Pro Athlete, Laird Hamilton, discussed his experiences growing up in the islands.
“That was the most intense part, the racist thing. It’s in your school, in your home. I never think I’m not a Ha’ole (White guy). Everything is affected by it.
But it wasn’t the Hawaiians who were the racists … it was a lot of the other cultures that were here — that were brought here by the missionaries to be migrant workers. Some of those other guys, you were incapable of earning their respect, because they didn’t even respect themselves.” [3]
We Had a Dream
In 2013 I suffered a devastating and rare injury. It was the talk of the town throughout the medical community. A freakish surfing accident completely ruptured both quad tendons. It was doubtful I would return to surfing … my goal was simply to be able to walk again. Facing at least a year of intense rehab, I gained control of the depression and frustration that tore apart my generally positive mental attitude by focusing on changing my career. While bedridden and locked down by heavy leg braces, I studied and earned my national and State of Hawai’i real estate licenses.
My faith and optimism paid off. I landed a position working on the north shore of Kaua’i in July 2014. Previous work on island centered around the south and west shores. Like all who come to the islands, my wife and I “had a dream.” We were drawn to lazy palm trees that gently sway in tropical breezes, golden sands, warm temperatures and breath-taking beauty. We adored and respected Hawaiian culture. We spent the 4th of July camping with our Hawaiian family, who presciently warned us of Kauai’s north shore culture. Our aunties claimed the people were “cray-cray up there.”
The injury forced me to remain on mainland to complete my rehab. As medical limitations prevented me from traveling, we found accommodation on the north shore using CraigsList online. We rented a room from a guy named David Rodgers. When we arrived shortly after the July 4th break, we found we had been duped. Rodgers was a low-life, career drug dealer. He was dealing from the home and the place was a mess. We met with on-property landlord, Paul Bun Chung Say. Paul is “rough around the edges” but he persuaded us to stay. He told us Rodgers was a problem tenant and needed help to clean up the property. He thanked us for our assistance and issued Rodgers an eviction notice. Unfortunately, Hawai’i law allows an existing tenant 45 days to depart. Removing an undesirable tenant more quickly is costly and time consuming.
My wife and I soon learned Rodgers was on criminal probation. He had violently beat and abused his significant other and she fled the island with their son. Rodgers was seeking roommates to save the house. He worked rarely and survived dealing drugs. He lived a “cash-only” life, didn’t pay taxes, and sponged off society. Rodgers needed additional tenants to cover the monthly $2,400 rent and utilities. Rodgers appeared to suffer acute addiction to alcohol and marijuana. Some claimed Rodgers was a “ice head” as well. Rodgers told me routine drug tests were included in the terms of his probation. Although he smoked weed and drank alcohol from dusk to dawn, his probation officer never held him accountable for the drug violations. The incompetence of the probation officer endangered local residents and failed Rodgers. He needed professional help with his addiction issues.
The eviction notice frustrated Rodgers tremendously. Similar to many people who struggle with addiction, this latest failure added to his massive downward slide. Drinking and drugging led to the loss of his love partner and child. Years prior, he had capsized his fishing boat after a long session of binge alcohol consumption, and now, he had lost the home where he had resided for more than three years. This wounded animal was angry and wanted someone to blame. He spent his days drinking alcohol heavily, constantly smoking weed, and in an inebriated state, sped around Kaua’i roads in a massive 4X4 truck. Rodgers was a public tragedy waiting to happen! A close friend lost his family on Christmas eve years ago — something one does not forget. For these reasons, I contacted Kaua’i police and local authorities. Not only was Rodgers difficult to be around, he was a major threat to people on the island.
Boys Will Be Boys
I was heading to a favorite surf spot after a long day at work and spotted two Kaua’i police officers at the Hanalei Pavilion. I stopped to discuss the situation about Rodgers with them informally. It was my first encounter with Officers Burns and Anderson. They were pleasant but laughed about my concerns. “Boys will be boys,” they said after I mentioned the excessive drinking and drugging. They warned that my living condition could become difficult if I reported the behavior officially. I thanked them for the advice and said I would think about it. A few days later, I ended up calling KPD 911 about 9pm, as Rodgers was drunk and threatening me. Officer Burns responded. He told me there was nothing he could do because he had not witnessed the violent behavior.
A couple years prior, I had been a finalist for a position with the Kaua’i Office of the Prosecuting Attorney so I emailed my concerns to chief prosecutor, Justin Kollar. When I didn’t hear back from him, I contacted County Councilor, Gary Hooser. We had worked together in the past. He petitioned Kollar on my behalf. Kollar responded and said he would forward my information to KPD. Yet nothing happened to Rodgers. Neither KPD nor OPA appeared to be alarmed about his drugging, drinking and driving. Justin Kollar simply did not care about this menace to society!
Target On My Back
As the weeks dragged on, Rodgers became increasingly frustrated. He begged Mr. Say to allow him to stay. He contacted the off-property owner to seek a stay of eviction. Rodgers created confusion between the owners and was angry with me, as he considered me the source of his problems. This is common when someone suffers addiction. They blame others for their problems rather than accept responsibility for their actions. I had a target on my back and Rodgers continued to threaten me. I had to call KPD 911 a number of times. The last time I contacted KPD, Officer Jason Scalzo [K2594] responded. He angrily chastised me. “Do not call us again!” he screamed. “We do not want to be involved. Deal with your landlords or get a TRO (temporarily restraining order).” Officer Scalzo warned, “If I come here again, I’m going to arrest you.” When I next saw Officer Scalzo, on November 13th, he fulfilled his promise and arrested me. I had pissed of the Kaua’i Police Department for reporting a violent drunk and drug dealer. That’s why there’s so much Ice in Paradise!
Localism
As Laird Hamilton pointed out regarding his challenging experience with localism in the islands, “it wasn’t the Hawaiians who were the racists … it was a lot of the other cultures that were here,” I was bucking the local, non-Hawaiian, culture as well. Hamilton learned “Some of those other guys, you were incapable of earning their respect, because they didn’t even respect themselves.” This is how it was with Rodgers, his family and friends. They did not respect themselves and one could not earn their respect. Further, KPD was protecting these losers. On August 27th, the failure of KPD to be professional and competent led to my arrest. I was 56 years of age at the time and had a clean criminal history. That didn’t matter to the corrupt KPD police force. They were more interested in protecting local friends.
I arrived home from work on August 27th about 2pm. I found Rodgers in a heated argument with Mr. Say. Rodgers had returned his large fishing boat to the property. Owners had directed him to remove the boat by the first of July. Rodgers didn’t and this was one reason for the eviction. Mr. Say was highly agitated and upset. He was visibly shaking when he spoke with me. Both owners had signed a final, written directive to Rodgers to remove the boat by August 22nd or the boat would be towed. They assigned me as lead tenant to assist the matter. Rodgers removed the boat temporarily on the 22nd but returned it. Mr. Say asked me to do what I could to get Rodgers to remove the boat or call to have it towed. Before I could speak with Rodgers, he fled the property.
I was about to call the towing company, located in Lihue about 45 minutes away, when a friend of Rodgers arrived. I had a decent relationship with Cain Aaron Sergieff, SS# [Redacted], who had just celebrated his birthday with us on [Redacted] and was currently 32 years of age. I appealed to his judgment to see if we could remedy the problem. I walked about 30-40 feet from the house to the location where Sergrieff was working on the boat. I showed him the Removal Notice. Sergieff told me Rodgers was seeking permission to keep the boat on premises a bit longer. Mr. Say appeared, denied Sergieff’s request, and walked away. I recorded the conversation:
“Paul, Paul … help me out here. Paul, come on. I just had a kid. Let us leave the boat here for an hour and a half. He’s giving me a hard time. Help me out. Please Paul, help me out. You’ve known me for before you’ve know this guy.”
Paul ignored him and walked away. Sergieff is shown with screwdriver in hand and is some 30-40 feet from the entrance to the home. Moments later, I headed toward the house. Sergieff shouted at me, “I will not allow you to hurt David.” I had my back to Sergieff as I neared the three-step landing to the home. Just as I started to climb the stairs, Sergieff hit me from behind on the shoulder.
I had been in the bright sun without sunglasses and the carport area was shaded. It wasn’t easy to see, as my eyes were adjusting from the bright light. I turned and saw a flash of steel in Sergieff’s hand. He jabbed his screwdriver toward my ribs. It happened quickly but scared the shit out of me. I reacted instinctively. As Sergieff jabbed, I thrust my hand forward to block his arm. Sergieff’s arm holding the screwdriver recoiled and I believe the butt of the screwdriver caught Sergieff under left his eye. This caused a minor abrasion.
I reached in my pocket, pulled out my phone and began recording. The video shows Sergieff standing over a propped plank of wood as he dials his phone. He had been holding a part for the boat in one hand; screwdriver in the other. His work area and tools are near the boat — visible in the background.
Sergieff had been working outside the carport — about 30-40 feet from the entrance to the home. After attacking and threatening me, he returned to his work area.
Sergieff picked up a pipe from his tool box and came back at me with the pipe in hand. I called to random person (not visible in picture) to dial 911 and summon the police. I picked up a lamp to block him and protect myself.
Sergieff then threatened me with the pipe. In most jurisdictions, this would be assault with a deadly weapon. Not in Kaua’i, I’m not a local boy to the Kaua’i Police Department.
When KPD arrived, Officer Mackenzie Metcalfe [K2413] handled the report. I showed him the video but he refused to talk with me initially, claiming Sergieff had been the person to file the 911 complaint. Sergieff made the following false allegations:
- Sergieff claimed he had been working by the boat, did nothing to me, and I hit him for not moving the boat.
- Sergieff claimed he was talking on the phone to his friend Rodgers when I allegedly attacked him.
- Sergieff claimed he grabbed the pipe because I was threatening him with the lamp.
- Sergieff claimed he had permission to have the boat on the property.
- Sergieff claimed he resided in the home, as my roommate.
Sergieff did not live on property. He lived with his significant other, Ariel Avandeyev, and she just had a baby about a week prior to the incident. Due to Sergieff’s fifth false statement (above), Officer Metcalfe arrested me for “Abuse of Family,” which assigns $1,000 in bail and a 48-hour Stay Away Notice to the accused. I repeatedly asked the Officer Metcalfe to check. He refused. I asked him to look in the home for Sergieff’s bedroom, as there was not one. The officer refused.
Officer Metcalfe arrested me because I wasn’t a “local boy.” Simple as that. This is no different from White cops beating up a Black man in the inner city. Officer Metcalfe’s action was discriminatory and corrupt. This is also a “failure of supervision.” No honest officer or detective would look at the facts and arrest me. I had no motive to strike Sergieff. I had written authority to tow the boat, which I showed Officer Metcalfe. It would cost Rodgers about $300 to get this boat back. This is sufficient penalty. Sergieff had a motive to lie about the incident and the video supports my story.
Although Officer Metcalfe viewed the video and the written directive to remove the boat, he did not take either as evidence. The video shows Sergieff (1) left the boat area and pursued me into the carport; (2) was not on the phone but dialed the phone after the incident occurred; (3) first grabbed a pipe, which forced me to defend myself; (4) did not get permission from Paul Say to keep the boat on property; and (5) recently had a kid and did not live on property. This is obstruction of justice. Both items are evidence and were relevant to this matter.
The Nightmare Begins
Officer Metcalfe handcuffed and transported me to the detention cell around 4pm. My wife, who was on mainland in a time zone four hours later, began working on my release. It cost her about $250 to secure my bail. KPD released me around 9pm. I was wearing slippahs, board shorts and a sleeveless t-shirt. I had only my driver’s license and a credit card. The bail bondsman dropped me off at a taxi stop near the airport. The island closes down early, and without cash, I could not hire a taxi. I was over 20 miles from home. It was cold and rainy as I walked. After about ten miles attempting to hitchhike, a passing motorist offered me a ride. He agreed to take me to Hanalei if I filled up his gas tank, which cost about $50.
Due to the Stay Away Notice, I could not return to my house without police escort. I had to wait at a closed KPD substation in Princeville until officers arrived. I was exhausted so I laid down on the concrete near the building and used my bright yellow jail blanket to stay warm on the raining night. Around 3am, two officers arrived: Cabrera and Clayton Okamoto [K410]. Officer Cabrera put me in his vehicle, as he wanted to talk in private.
It was about 4am when we finished up at my residence. The house was empty — I learned Rodgers had stayed at Sergieff’s home — and the two officers supervised me as I grabbed essential items. I had to be at work at 7am, would need to take a cold shower at the beach in the frigid morning air, and after work, planned to camp on the south shore until I could return. Fortunately, my wife was arriving and I would have her help. I was a disaster at work. I hadn’t slept in over 24 hours and a close coworker asked me what was wrong. She mentioned she had never seen me look so harrowed and stressed. I didn’t dare tell her the truth. Being arrested is not something one spreads around their workplace when they’ve just started a new job. Needless to say, I wasn’t successful that shift.
On September 8th, my wife and I were enjoying a beautiful afternoon at Black Pot beach. It was a warm, sunny day and the beach area was crowded. I was still shell-shocked from the incident about ten days ago. I caught myself looking over my shoulder, felt highly anxious, and wasn’t comfortable around people. I just wanted to be with my wife and stay away from everyone.
We ate some snacks and I went out to surf. The waves were fun and playful and this relaxed me. The events of August 27th began to melt away. When I returned to the shore, I had that post-surf-smile that every surfer knows. Life was becoming good again! My wife walked with me as I washed off my board and took a shower. She helped me secure the board on our vehicle and then remarked, “See the new baby!”
I looked over and answered, “Oh, that’s Ariel, Cain’s wife. That’s their new baby.” At that point, Ariel Avandeyev recognized me. We greeted each other. Avandeyev said, “I’m really bummed you punched my husband.” I answered calmly, “Actually, what happened was Cain punched me in the shoulder first and then threatened me with the blade of the screwdriver. So I defended myself.”
Ariel Avandeyev responded, “I’m glad to know the other side. I was worried because I didn’t know where Cain was and I just had the baby.” I reintroduced my wife to Ariel Avandeyev. She had met her once before when we first arrived. We congratulated Ariel Avandeyev on the new baby and my wife asked her baby’s name. “Lela,” she responded. We both commented how beautiful her baby was and watched Ariel walk away toward the pier.
We didn’t know Ariel Avandeyev well. She had been at our house 3-4 times. She was pregnant with Sergieff’s baby and they lived further west in Wainiha. Ariel Avandeyev needed to be at our house on occasion claiming their stove was broken and she wanted to bake. She used their Food Stamp allotment to buy ingredients for banana bread and then sold the banana bread near the street in front of our home. They used the money for other items. This is theft. She was diverting Food Stamp money to use for purposes not intended by the program. Rodgers, Sergieff and Ariel Avandeyev spent their days cheating the system. KPD protected them!
The Set Up
The next morning while preparing for my shift at work, a KPD officer entered our building. Officer Clayton Okamoto [K410] walked over to me and sternly directed me to follow him outside. In an intimidating tone, he asked, “Where you at Black Pot Beach last night.” I answered, “Yes.” The officer said, “Tell me what happened!” “My wife and I arrived around 5pm. I surfed until about 6:30pm. We watched the sunset and left for dinner at Tahiti Nui about 7:30pm. We returned to Black Pot about 10pm and watched the moon and waves until about 11pm. Then we went home to sleep. What’s going on?”
Officer Okamoto asked again, “Tell me what happened! You can make this hard or easy, but if you make this hard, I’m going to arrest you!” I responded, “What are you talking about?” He angrily replied, “You know what I’m talking about!” I said, “I have no idea what you’re talking about. I told you what my wife and I did last night.” He said, “I should arrest you right now!” “What for?” I demanded. “You know what for,” he stated. I repeated, “I have no idea what you’re talking about!” This seemed to go on for about five minutes — he was interrogating me and I had no idea what he was talking about. He just became angrier with me. I was highly agitated at this point and began sweating. This upset me because I was scheduled to work with customers in a few minutes. The officer told me a couple times, “Wipe that smirk off your face – or I’ll arrest you.” I said, “I’m not smirking. You need to tell me what is going on!”
Officer Okamoto claimed Ariel Avandeyev filed a report of assault against me for an alleged incident the previous night. It was a false allegation — similar to the August 27th false report. Clearly, this woman was being manipulated by Sergieff and Rodgers, and fortunately, my wife had been with me. Okamoto also claimed there was a witness. I demanded he produce the witness. I objected strongly to his questioning and accusations because I knew nothing negative had happened. Under pressure, Okamoto backtracked about the witness.
Officer Okamato then told me he was confused. He said he tended to believe a woman with a baby. This frustrated me. I said, “You found me guilty because I’m a man?” He answered, “Yes, you’re a big guy and a woman with a baby doesn’t lie.” I responded, “So I’m automatically guilty because I’m a big guy?” I added, “Someone lied to you!” I again asked about the witness. “That person has lied to you! And, there is no witness – because nothing happened!”
I returned to work but my managers were upset. They had observed the officer scolding me and didn’t like what they saw. I asked to leave work. I had just started my job and this was not good for my career. My wife had to spend a couple hours with KPD to convince them we were telling the truth. We then filed a complaint with KPD Internal Affairs over the incident. Months later, Chief Perry answered — “not enough information” for the department to make a decision. KPD dropped the matter.
Around mid-October, I filed a complaint with KPD over the two false allegations — the first by Cain Sergieff, and the second, by Ariel Avandeyev, his significant other. KPD took our complaint. It was reviewed by another Metcalfe, Mackenzie’s brother, and the department squashed our complaint and took no action. KPD had arrested me incompetently and negligently; KPD incompetently pulled me from work and threatened me with arrest. KPD covered up their internal failures. They destroy lives and continue with their jobs! This is the failure of leadership under the direction of Chief Darryl Perry.
Thugs Rule Kaua’i
David Rodgers didn’t give up his campaign against me. He continued to blame me for the loss of his rented house and furthered disparaging stories about me. His friend, Ronald Wildasinn, DOB: 7/8/1955, told me he believed I had been unfair to David. Wildasinn also wanted to copy Rodgers’ scheme to make money from renting the home. I was a problem because I held a lease with the off-property owner. On about October 14th, Wildasinn leased the extra bedroom in the home to some random guy for $800 without consulting me. When I protested his action, he called 911 KPD. Officer Burns responded and informed Wildasinn that the legal agreement held by my wife and I prevented him from subletting to other tenants. Wildasinn was furious. My wife and I could afford to pay rent in expensive Hanalei. Rodgers and Wildasinn could not. Most disputes in life seem to revolve around money. This was the source of tensions at this address. I overheard him later that night speaking to Paul Say. Wildasinn told Say they had to get rid of me.
On November 13th, Wildasinn and Paul Say filed a false report about me to KPD. Wildasinn and Say were extorting money from me. When I refused to pay, Say used his muscular arm to block me from entering my home. I repeatedly asked him to move but he refused. With no other way to enter the home and my car keys, phone and wallet in my room, I pushed Say’s arm upward and slid underneath. Say then jumped backward and blocked the door with his boot. I had to pull the screen door a number of times and push him away to open the door. I told the two I was going to call the police. Wildasinn then directed Say to call KPD. He said he would back him up. I listened as they conspired to make a false report about me. I walked to the curbside to wait for police.
When Officer Jason Scalzo [K2594] arrived, he refused to talk with me. Although I had called KPD 911, he claimed Say had called minutes earlier and KPD policy was to speak with the first person who called. I simply wanted the officer to interview everyone separately. This would allow me to defend myself, as their fabricated stories would not match. Yet Scalzo allowed them to give their statements jointly. His incompetence and negligence destroyed evidence and obstructed justice. Paul Say reported I had “grabbed and twisted his right arm.” He backed his false allegation claiming that I “hit a person a couple months back and cut his forehead open and assaulted a woman on the beach. This man is dangerous.” Although this was hearsay, Officer Scalzo arrested me. Judge and jury!
Paul Bun Chung Say is a disturbed man. He spent years in prison for felony crimes. He rarely works and lives off rent income from the house. His mother represented his brother’s interest in the home when I lived there. She hates her son, Paul. She told me multiple times she wanted him dead. Paul’s criminal activity led to the death of her other son years ago. I didn’t rent from Paul. Due to his conflict with his mother, I rented from her. She said she was trying to clean up the property, same thing Paul had told me when I first met him, and wanted to collect rent money for her other son. My wife and I signed a six-month lease with her and paid faithfully each month. This arrangement upset Paul. Legally blocked, Paul and Ron used KPD to hurt us.
At this point, you must be wondering, “How can this guy be so stupid? Why was he living around criminals and losers?” You are correct. I made serious errors in judgment — I trusted the system. I have teamed up with police and municipal authorities frequently in the past. With a background in criminal justice, I have served courts, worked with law enforcement on community policing, and regularly collaborated up with political leaders. Outside Kaua’i, had I contacted police about illicit drug dealing and drunk driving, police would have responded immediately to shutter the activity. They would not have said, “Oh well, boys will be boys,” as Kaua’i officials did.
Housing on Kauai’s north shore is difficult to obtain. Had we been able to easily move somewhere else, we would have — especially after we discovered how incompetent and corrupt the police were. That’s what most White People of Privilege do when facing bad elements in their neighborhoods. This is why so many powerful and wealthy people fled cities to suburbs decades ago. They abandoned the less fortunate. This is also, in part, why we stayed. There is a famous slogan displayed frequently after the 9/11 attacks: These Colors Do Not Run. We have never run from crime. My mistake was being too trusting of public servants and law enforcement on Kaua’i. OPA chief prosecutor, Justin Kollar, and police chief, Darryl Perry, are corrupt losers. I failed because I trusted in their professional response. Big mistake!
Our Broken Criminal Justice System
It remains my belief most police departments and officers would have competently handled the incident of August 27th. Maybe I’m wrong; maybe I’m simply too naive. After what I’ve observed personally, after what we all have witnessed over the past year, maybe we should learn never to count on law enforcement. There are too many news reports that document similar corruption and incompetence across the nation. The Guardian highlighted the cozy relationship between prosecutors and law enforcement:
“In about one in three cases that were ruled justified, including Lugod’s, the criminal inquiry work was done by the officer’s own police department, meaning the evidence used to decide if an officer should be prosecuted was prepared by the officer’s co-workers. Only 12.5% of killings by police that were ruled justified in 2015 were handled completely independently.” [4]
Ginger Grimpas was a lead prosecutor in my case. I was appalled by her behavior with me. I asked my attorney why she was so hostile. The attorney said she spoke with Grimpas and learned KPD officers considered me a “bad guy” and wanted her to punish me harshly. This was not about facts — this was professional retaliation. I had challenged KPD; had filed grievances with KPD Internal Affairs against officers; and had video recorded KPD officers making procedural errors. I had become a threat to an incompetent and corrupt system and the system wanted to punish me for standing up against the machine.
My failure was caring about drunk drivers on our streets; working to end drug dealing in our neighborhood; and battling to deter criminal behavior. For getting involved and championing a society that ALL Americans want, I was heavily punished. And, this systemic failure is what has angered Bernie and Trump supporters — the system is broken and rigged against decent, hard working citizens. Tens of millions of Americans have lost confidence in our system. Our story is just one more example of how the fundamental fabric of America has been destroyed.
In a competent system that controlled corruption and furthered community values, KPD would not have arrested me — part of a family working to clean up unwanted behavior — and the dangerous and undesirable criminals would have been removed. This would have discouraged others from engaging in anti-social and criminal behavior. Yet KPD discriminates to protect friends and long-term locals — losers who profit by making false allegations about those who stand up to their illegal activity and cheating society. The incompetence, negligence and corruption of KPD, OPA, Police Chief Perry, and prosecutors Kollar and Grimpas have emboldened other losers. Not only were they not held accountable for their actions, but these authorities and losers alike collaborate to diminish the opportunities for success and a piece of the American Dream for others.
SOURCES
[1] Garner, Erica and Kemi Alibi, “‘Failure to Supervise’ Goes All the Way to the Top”, Huffington Post, January 11, 2016, http://www.huffingtonpost.com/erica-garner/failure-to-supervise-all-the-way-to-the-top_b_8952058.html.
[2] Carson, E. Ann, “Prisoners in 2014”, US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, September 2015, NCJ 248955.
[3] Howes, Lewis, “Laird Hamilton on the Power of Breathing to Succeed”, The School of Greatness, Podcast Aug 9, 2015, https://www.youtube.com/watch?v=sTU3reidiWY.
[4] Swaine, Jon, Oliver Laughland, Jamiles Lartey and Ciara McCarthy, “The Counted: Ties that Bind”, The Guardian, December 31, 2015, http://www.theguardian.com/us-news/2015/dec/31/ties-that-bind-conflicts-of-interest-police-killings.
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