A rare court filing stays the trial of four HPD officers accused in a near-fatal crash

HONOLULU (HawaiiNewsNow) – The high-profile criminal case against four Honolulu police officers has been put on hold until a higher court can rule on the defense team’s interim appeal.

The appeal is rare but must be decided before trial because the decision could wipe out the most serious charge against Officer Joshua Nahulu and upend the case overall.

Nahulu is charged with causing a collision resulting in serious bodily harm and failure to render aid.

The dispute could affect many driver-related criminal cases, according to legal expert Alexander Silvert, a retired federal public defender.

Nahulu and two other officers are accused of pursuing a white sedan for several miles on Farrington Highway in September 2021.

Was Nahulu actually involved in the collision before it flew over a field along Farrington Highway in September 2021, flipped over and then crashed into a neighbor’s yard?

Several witnesses reported that night that a police vehicle rammed the limousine, causing the driver to lose control.

Six people were critically or seriously injured and some have lasting medical problems.

But a car expert and a trial witness, as well as other evidence, show Nahulu’s car made no contact with the sedan during the high-speed chase.

Therefore, the defense wants Nahulu’s charges dismissed.

“The defense argues that the law is too vague,” Silvert said, saying there is no direct evidence that the defendant caused or was involved in the collision.

The appeals court must decide whether the charge requires actual contact between the two vehicles.

On the other hand, Silvert said Nahulu should have known what happened because the accident occurred in front of him, based on surveillance and city bus videos, just before the car became airborne.

“You were still involved and a normal person would know that you should stop and render aid.”

Three other officers: Erik Smith, Jake Bartolome and Robert Lewis are charged with obstruction of law enforcement and conspiracy.

The surveillance videos show the officers all gathering at an intersection after the accident and driving in the opposite direction. They all return to the scene after the 911 calls are made by neighbors trying to help the victims.

An example of the argument and how it can impact other motor vehicle criminal cases is this: The driver of car one changes lanes without noticing that car two is already in that lane in the blind spot.

The driver of the second car has to slam on the brakes to avoid a collision and is then hit from behind by car three.

Is the driver of car #1 actually involved in the accident? Is the driver committing a crime if he continues driving without realizing the collision has occurred?

“I think it’s definitely a valid argument that needs to be tested by the appellate courts,” Silvert said he believes the law will still be upheld in the end because prosecutors are making a reasonable interpretation of the law.

In this case the trial version will be reset.

The county has already paid $17 million in civil lawsuits and one case is still pending.