Rare court filing puts trial on hold for 4 HPD officers accused in near-fatal crash

HONOLULU (HawaiiNewsNow) – The high-profile criminal case against four Honolulu police officers has been shelved until a higher court can rule on the defense team’s interlocutory appeal.
The appeal is rare but must be decided on prior to trial because the decision could throw out the most serious charge against Officer Joshua Nahulu, upending the case altogether.
Nahulu is charged with causing a collision involving serious bodily injury and failing to render aid.
The argument could affect a lot of driver-related criminal cases, according to legal expert Alexander Silvert who is a retired federal public defender.
Nahulu and two other officers are accused of chasing a white sedan for several miles on Farrington Highway in September 2021.
At issue, was Nahulu actually involved in the collision before it flew across a field, rolled, then slammed into a neighbor’s yard in September 2021 along Farrington Highway?
Multiple witnesses that night reported that a police vehicle hit the sedan causing the driver to lose control.
Six people were critically or seriously injured and some have permanent medical issues.
But an auto expert and trial witness, plus other evidence show Nahulu’s car did not make contact with the sedan during the high speed chase.
Therefore, the defense wants Nahulu’s charge dismissed.
“The defense is arguing that the statute is too vague,” Silvert said there is no direct proof that the defendant caused the collision or was involved.
The appeals court will have to decide if the charge requires actual contact between the two vehicles.
On the flip side, Silvert said Nahulu should have known what happened because the crash happened in front of him based on surveillance and city bus video in the moments before the car went airborne.
“They were still involved and an everyday person would know that you should pull over and render assistance.”
Three other officers: Erik Smith, Jake Bartolome and Robert Lewis are charged with hindering prosecution and conspiracy.
The surveillance videos show the officers all gather together at an intersection after the crash and drive in the opposite direction. They all return to the scene after the 911 calls are made by neighbors trying to help the victims.
One example of the argument and how it can affect other, motor vehicle criminal cases is this: The driver of car one changes lanes without realizing car two is already in that lane in the blind spot.
The second car’s driver has to slam on the brakes to avoid colliding and is then hit from the back by car three.
Is driver of car one actually involved in the crash? If the driver continues without realizing the collision occurred, is that driver committing a crime?
“I think it’s definitely a valid argument that needs to be addressed by the appellate courts,” Silvert said he does think the statute will still be upheld in the end because the prosecution is making a reasonable interpretation of the law.
If that happens, the trial will be reset.
The county has already paid $17 million dollars in civil lawsuits, with one case still pending.
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