Dallas Pearce, Redacted Investigation Report Final

STEVEN S. ALM THOMAS J.
BRADY
PROSECUTING ATTORNEY FIRST DEPUTY
PROSECUTING ATTORNEY
%0, K.-
Department of the Prosecuting Attorney
City and County of Honolulu
Officer-Involved Shooting Report No. 2023-01
Report Date: May 5, 2023
Independent Investigation of Officer-Involved Shooting of
Dalias Pearce
Parking lot of Aikahi Gardens, Kailua, Hawaii 96734

I. OBJECTIVE.
The objective of the Department of the Prosecuting Attomey's (hereinafter,

"PAT)independent investigation in this matter is to assess the viability of ^riminal
prosecution of Honolulu Police Department(hereinafter^ Sergeant
(hereinafter,"Sergeant 1") and HPD Officer (hereinafter, "Officer T)for
any criminal offense under the Hawaii Penal Code for their intentional use of deadly
force against Dallas Pearce (hereinafter,"Pearce") on January 6,2020, in the Aikahi
Gardens parking lot near the intersection of Molo Street and Oko Street, Kailua, Hawaii
96734. In making this assessment, the PAT will use the proof beyond a reasonable
doubt standard.
This investigatiorônsidered materials and information provided by HPD.^ PAT

Investigator also assisted in this investigation and was the PAT's primary
investigator.
This investigation offers no opinion whether Sergeant 1 and Officer 1 complied

with HPD policy or whether non-compliance with any HPD policy subjects them to
administrative discipline.
II. FACTS.
A. General Background (Introduction).^
On April 11,2012, Pearce was convicted of Burglary in the First Degree in

violation of HawaPI Revised Statutes (hereinafter, "H.R.S.") Section 708-810(1)(c)
(2007 Repl.). The court sentenced him to five (5) years of probation. Subsequently, on
July 30, 2012,the court revoked his probation and re-sentenced Pearce to an
indeterminate term of ten (10) years of incarceration. In 2019, Pearce was placed in the
Laumaka work furlough program over the objections of the State.
On November 19,2019, Pearce failed to return to the Laumaka work furlough

program and an Escape in the Second Degree report was initiated against Pearce
under Sheriff's Department Number 19-12359.^ On November 27,2019, Sergeant 1
from the HPD District 4 Crime Reduction Unit (hereinafter, "District 4 CRUjjUienerated
an Escape in the Second Degree report under HPD Report Number in order
to document Pearce's escape status and generate an Attempt to Locate status in the
HPD computer system.*
^ The key report number for the investigation of the shooting is documented under
HPD Report Number
2 See, aenerallv. HPD Report Number 10-323425 and Circuit Court of the First Circuit
Criminal Number 11 -1 -1788(1 PC111001788)
3 See, aenerallv. HPD Report Number|
4 Id.
1 IPage
Report Date: May 5,2023
On January 6, 2020, District 4 CRU received information that Pearce was dating
a female whom they knew as (hereinafter,"Witness 1").^ The information
further noted that Witness 1 was living at 167 Oko Street in Aikahi Gardens and was
operating a 2006 Chrysler FT Cruiser (hereinafter,"FT Cruiser") bearing State of
Hawaii license plate number As a result, officers from the District 4 CRU
including Sergeant 1 and Officer 1 began to make checks around the Aikahi Gardens
area for Fearce and Witness 1J
On January 6, 2020, at about 3:00 p.m.. Officer 1 drove Sergeant 1 in a marked

blue and white vehicle to Aikahi Gardens to look for Fearce and Witness 1.® Both
Officer 1 and Sergeant 1 were in plain clothes and wore ballistic vests with "Police"
markings on the front and back of the said vests.® They also wore their police badges
and identification cards.^°
Upon their arrival at the Aikahi Gardens townhouse complex. Officer 1 and
Sergeant 1 traveled on Oko Street towards Molo Street." While doing so, they noticed
the aforementioned Chrysler FT Cruiser belonging to Witness 1 and parked behind it."
Office 1 and Sergeant 1 then exited the blue and white HFD vehicle and approached
the FT Cruiser where they encountered Fearce who was seated in the driver's seat of
the said vehicle."
5
Reports by Sergeant 1 and Officer 1.
6
Id.
7
Id.
8
Id.
9
Id.
10
Id.
11
Id.
12
Id.
13
Id.
2I Pa ge
Report Date; May 5, 2023
B. The Weather.
A surveillance camera video recording taken from an apartment unit at Aikahi

Gardens indicated that the weather was partially cloudy at the date and time of the
incident."
■I:;-'.-' -
1
. :■ I
\• •
iV-
■ >• V"*,'.'
.ft-
Screenshot taken from surveillance video recording submitted under HPD Report
Number HIHH-
3I Page
C. The Scene.
As previously noted, the scene of the shooting was at the parking lot of the Aikahl
Gardens town houses located In Kailua."
https://www.google.eom/maps/@21.4271592,-157.7569849,135m/data=l3m1!1e3
4I Pa ge
The photo below is the same photo as above but with a close up view of where
the incident occurred near the intersection of Molo Street and Oko Street."
In addition, the diagram below is of the location where the PI Cruiser was parked
in relationship to Molo Street and Oko Street:^'
16
Id.
Diagram by HPD Evidence Specialist; (hereinafter,"Evidence
Specialist 1").
5I Page
Hlnd$ifrio PyosccMCoft
F^S«5
Oko St. & Molo St.
• .a
m cc Q (9
Oko St.
Molo St.
Items Recovered:
RaoiMtftd bv ES C COPP
Mglg,g-ggaodb.g
rEsiiHHH
I CtM M Ow dOMt^ tMI
Ai MBttttWMnti Am Appratfrati
6 Page
D. Participants in the Event
1. Pearce."
In addition to the aforementioned noted Burglary in the First Degree conviction,

Pearce also had in 2012, prior felony convictions for the offense of Promoting a
Dangerous Drug in the Third Degree, in violation of H.R.S. Section 712-1243(2007
Repl.), a class C felony and the offense of Prohibited Acts Related to Drug
Paraphernalia, in violation of H.R.S. Section 329-43.5(2010 Repl.), which at the time,
was a Class 0felony offense. He was convicted of said offenses on March 23, 2011
Below is a mug photograph taken of Pearce under HPD Report Number 16-
102573 which documented his arrest on March 11, 2016 for a Parole Violation and
Contempt of Court:
The information background regarding Pearce was retrieved from the PAT's
computer data base system and the HawaiM State Criminal Justice Inquiry System
(CJIS).
See, generally, Circuit Court of the First Circuit Criminal Number 10-1-1619
(1PC101001619).
71 P a g e
8IPage
2. Sergeant 1 20
Sergeant 1 has been employed as an HPD officer since April 24,1997. At this
time of writing, he has over twenty-five (25) years of service. His assignments at HPD
have been as follows:
START DATE END DATE LOCATION
April 24,1997 June 15,1998 Training

June 16,1998 December 15,1998 Central Receiving
December 16,1998 October 18, 2008 District 1
October 19, 2008 October 3, 2009 District 7
October 4, 2009 December 19, 2015 District 6
December 20, 2015 September 9, 2017 NarcoticsA/ice
September 10, 2017 Present District 4
Based on the use of force records(UOF records) provided by PSO,Sergeant 1

has two (2) sustained use of force or use of deadly force investigations resulting in two
(2) suspensions for one (1) day each. The suspensions occurred on October 17, 2008
and September 28,2010. Sergeant 1 does not have a criminal record.^^ Lastly,
Sergeant 1 is a law enforcement officer as defined by H.R.S. Section 701-118(2014
Repl.)."
20 This information, provided by HPD's Professional Standards Office (PSO), is as of

November 14, 2022.
21 The PAT'S computer data base system along with the records obtained from PSO
indicate that HPD PSO submitted six (6) criminal cases involving Sergeant 1 under the
following HPIêpoiûmbers:
I, and^Hjj^H. The cases documented under HPD Report Numbers ■
]and are related and were submitted under two(2) different report
numbers because thereweretwo (2) complainants. With the exception of the case
documented under which the district court dismissed with prejudice on April
14, 2009 (District Court Number du® fo the State being not ready to
proceed, the PAT declined to prosecute Sergeant 1 on the said cases based on
insufficient evidence to prove case beyond a reasonable doubt.
22 '"Law enforcement officer' means any public sen/ant, whether employed by the State
or county or by the United States, vested by law with a duty to maintain public order or,
to make arrests for offenses or to enforce the criminal laws, whether that duty extends
to all offenses or is limited to a specific class of offenses."
9I Pa g e
3. Officer 1."
Officer 1 fias been employed as an HPD officer since October 1, 2009. At this
time of writing, he has over thirteen (13) years of service. His assignments at HPD
have been as follows:
START DATE END DATE LOCATION
October 1, 2009 February 19, 2011 Training

February 20, 2011 August 6, 2011 Central Receiving Division
August 7, 2011 August 29,2015 District 6
August 30,2015 present District 4
Based on the use of force records(UOF records) provided by PSO,Officer 1 has

no prior sustained use of force or use of deadly force investigations. Officer 1 does not
have a criminal record. Lastly, Officer 1 is a law enforcement officer as defined by
H.R.S. Section 701-118.
E. Factual Narrative for January 6,2020.
1. Statement by Sergeant 1
On November 19,2019, Pearce had not returned to the Laumaka Work Furlough
Center and was therefore wanted for Escape in the Second Degree. On November 25,
2019, Sergeant 1 then received information that Pearce was possibly dating Witnes^l
who may have been living in Aikahi Gardens. On November 27, 2019, Sergeant 1
generated an Escape in the Second Degree report under HPD Report Number 19-
439121 in order to document Pearce's escape status and generate an Attempt to
Locate status in the HPD computer system
On January 6, 2020, at about 3:00 p.m.. Sergeant 1 was on duty as a part of

District 4 CRU and was attired in plain clothes. He was wearing his police issued vest
that had "Police" written on its front and back. He also had his HPD badge which was
displayed on the right side of his belt. Officer 1 drove a marked HPD vehicle and
Sergeant 1 was a passenger in the said vehicle as they made checks for Pearce at
Aikahi Gardens.
Entering Aikahi Gardens, Officer 1 travelled on Oko Street. While they were
heading towards the Oko Street and Molo Street intersection, Sergeant 1 observed a
silver colored PT Cruiser that was parked within a marked Guest parking stall. The
vehicle was parked in a manner that it would need to reverse out of the stall. As Officer
1 drove towards the PT Cruiser, Sergeant 1 noted that both the front and back
This information, provided by HPD's Professional Standards Office (PSO), is as of

November 14, 2022.
The statement below was taken from Sergeant 1's report.
10 I P a g e
passenger side windows had very dark tint, so much so that Sergeant 1 could not see
into the PT Cruiser and could not tell if there were occupants within the said vehicle. As
they approached to within twenty-five from the PT Cruiser, Sergeant 1 noticed that the
rear passenger window was rolled down about two (2) inches. Officer 1 then stopped
his marked police vehicle towards the rear oHh^T Cruiser. At that point, Sergeant 1
saw that the rear license plate number was Sergeant 1 also observed what
appeared to be a head moving around in the front driver's seat of the PT Cruiser.
Sergeant 1 exited the HPD marked vehicle and approached the rear passenger
side of the PT Cruiser. As he passed the rear passenger area, Sergeant 1 noticed that
the rear passenger area was unoccupied while the front driver's seat was occupied by a
male. Sergeant 1 then stopped and looked through the front passenger window which
was partially rolled down at about four(4)inches. While doing so. Sergeant 1 saw that
the male was wearing a baseball cap on his head with the visor forward facing, a dark
colored t-shirt, grey sweat pants and a camouflage type garment under the said sweat
pants. Because the visor partially blocked the male's face. Sergeant 1 did not
immediately recognize him.
Noticing that the male in the driver's seat was fidgeting with a key in his right
hand and trying to stick the key into what appeared to be a damaged ignition of the PT
Cruiser, Sergeant 1 said, "Police, what is your name." After the male responded
"James", Sergeant 1 asked for his last name. The male, who then said that he was
going to call "his girl" was holding a cell phone in his left hand. Sergeant 1 also noticed
that the male then placed his right hand by his right thigh, near the pocket area of his
sweat pants. Upon seeing so. Sergeant 1 alerted Officer 1, who at this point was on the
driver's side of the PT Cruiser, that Pearce was reaching by his side. Sergeant 1 also
noted that he then recognized the male in the driver's seat to be Pearce.
Observing Officer 1 open the driver's side door of the PT Cruiser. Sergeant 1
then went to the driver's door by going around the PT Cruiser's trunk area. As he was
going around the trunk area, Sergeant 1 obsen/ed that Officer 1 was physically
engaging with Pearce by trying to pull him out of the PT Cruiser. As Officer 1 was
between Pearce and himself. Sergeant 1 could not assist Officer 1. As a result,
Sergeant 1 then tried to open the rear's driver's side door of the PT Cruiser. Realizing
that the rear driver's side door was locked, Sergeant 1 was able to reach to the open
driver's side door control panel to unlock the rear driver's side door. Sergeant 1 then
opened the rear driver's side door and leaned into the rear seat area where he pulled at
Pearce's right arm to gain control of him.
Officer 1 and Sergeant 1 both used verbal commands and physical force in their
attempt to arrest Pearce. However, Pearce kept resisting their efforts to do so. While
they were struggling with Pearce, Sergeant 1 then observed a female who was later
Identified as Witness 1 near the front hood of the PT Cruiser. As Witness 1 then began
to move towards the front driver's door area of the PT Cruiser, Sergeant 1 exited the
rear area of the said vehicle. Witness 1, who appeared to have just gotten out of the
shower, stated,"Leave him alone."
11 I P a g e
As Witness 1 approached the driver's side door of the PT Cruiser, Sergeant 1

pushed her away. Sergeant 1 then went back into the rear driver's seat of the vehicle to
assist in Officer 1's attempt to apprehend Pearce. During the struggle, Sergeant 1 then
heard Officer 1 state, "He's got a gun." As a result. Sergeant 1 then punched the right
side of Pearce's head several times. Officer 1 then stated, "I'm losing him ... shoot him,
shoot him." Upon hearing so, Sergeant 1 then drew his firearm out with his right hand.
However, Sergeant 1 realized he did not have a clear shot at Pearce because Officer 1
and Pearce were entangled in the driver's seat of the PT Cruiser.
Sergeant 1 then observed Pearce creating space between himself and Officer 1
by moving towards the front passenger seat. Sergeant 1 also saw that Pearce's right
hand was next to his right front pocket of the camouflage garment that was underneath
his sweat pants. It appeared that Pearce was trying to pull something out from the said
pocket. Fearing for his life and Officer 1's life. Sergeant 1 then shot at the back area of
Pearce several times. Pearce then leaned back into the driver's seat and his right hand
was still moving next to his right thigh area.
Sergeant 1 then noticed the front passenger door of the PT Cruiser opening. He
then saw Witness 1 screaming and crying while appearing to pull Pearce out of the
vehicle. As a result, Sergeant 1 gave several verbal commands to Witness 1 to get
away from the vehicle. He then heard Officer 1 yell out "moving" which Sergeant 1 took
to mean that Officer 1 was going to address Witness 1. As such. Sergeant 1 said,"Go"
and held cover of Pearce while Officer 1 moved towards Witness 1. After Officer 1
reached Witness 1, Sergeant 1 then announced "moving." While keeping cover of
Pearce, Sergeant 1 then moved to the front passenger side of the PT Cruiser to assist
Officer 1. Sergeant 1 also notified dispatch of the shooting and informed dispatch to
expedite an ambulance to their location.
After Officer 1 secured Witness 1, Sergeant 1 started to search the area where
the suspect was reaching. He checked the camouflaged garment's front right pocket
and retrieved what appeared to be a black semi-automatic handgun. Attempting to
render the apparent handgun safe, Sergeant 1 checked the bottom of where the
magazine would have been inserted. While doing so, Sergeant 1 then noticed that
there was a hatch where a C02 cartridge would be inserted and realized that the
"handgun" was either a pellet gun or airsoft gun. Sergeant 1 then placed the item on
the roof of the PT Cruiser.
Sergeant 1 then pulled Pearce out of the vehicle in order to provide medical
treatment for him. After handcuffing Pearce, Sergeant 1 applied chest compressions
while Officer 1 went to his police vehicle to retrieve medical equipment. Sergeant 1
then cut Pearce's shirt off so that they could check his wounds and assess what
treatment was needed for him. After rolling Pearce on his stomach. Sergeant 1 noticed
gunshot wounds to Pearce's back. After Officer 1 then placed gauze on his wounds.
Officer 1 and Sergeant 1 rolled Pearce onto his back again. They then gave Pearce
chest compressions until other officers arrived to assist.
12 I P a g e
2. Statement by Officer 1."
On January 6, 2020, at about 3:00 p.m., Officer 1 was driving Sergeant 1 in the
Aikahi Gardens area to look for Pearce. Officer 1 stated that he was driving a marked
police vehicle(HPD 1667) and was attired in plain clothes with a ballistic vest having
"Police" markings on its front and back and with his HPD badge and identification on a
lanyard around his neck. Officer 1 stated that he decided to check the area because he
had seen Witness 1's vehicle parked in the guest stalls area in the past but had never
seen anyone within or near the PT Cruiser. He also noted that from seeing the vehicle
parked there in the past, he noticed that the PT Cruiser had dark tinted windows except
for the rear window.
As they got to the area of Oko Street and Molo Street, Officer 1 observed
Witness 1's vehicle. Pulling up behind the PT Cruiser, Officer 1 observed a male
seated in the driver's seat of the car. Sergeant 1 and Officer 1 then exited their vehicle
and approached the PT Cruiser. While Sergeant 1 approached the passenger side of
the PT Cruiser, Officer 1 approached the driver's side of the vehicle and noticed that the
driver's side door was cracked open.
Sergeant 1 initiated contact with the male in the drivers' seat of the PT Cruiser by
asking him for his identity. The male at first refused to answer and then stated that his
name was "James". At that point. Officer 1 got to the driver's side door that was ajar.
Officer 1 could see that the male was holding a cellular phone in his left hand and was
trying to hide something next to his right leg and center console with his right hand.
Officer 1 then was able to see the male's face and he then positively identified the male
as Pearce.
Upon positively identifying Pearce, Officer 1 pulled open the already ajar driver's
side door and stated, "Dallas, it is over, give it up." Officer 1 then observed Pearce
digging his right hand into his right pocket vigorously. In addition. Officer 1 also heard
Sergeant 1 announce that Pearce was digging into his pocket. Upon making the said
observations and based upon his training and experience. Officer 1 believed that
Pearce was attempting to create distance between himself and Officer 1 in order to
draw and utilize a weapon. As a result. Officer 1 drew his firearm, pointed the same at
Pearce and ordered him to show his hands. Pearce refused to comply with the order
while saying that he wanted to text his girlfriend and while continuing to pull something
out of his pocket with his right hand.
Believing that Pearce posed an immediate threat. Officer 1, who still had his
firearm in his right hand, punched Pearce in the face with his left hand in order to
disorient him. Again, using his left hand. Officer 1 then grabbed hold of Pearce's right
hand which was at that point, deep into his right pocket. While trying to pry his right
hand from Officer 1's grip and also trying to get into the front passenger seat, Pearce
The statement below was taken from Officer 1's report.

13 I P a g e
was pulling Officer 1 into the PT Cruiser. Continuing to control Pearce's right hand,
Officer 1 found himself on top of Pearce. Officer 1 then looked down towards Pearce's
right pocket of what appeared to be his sweat pants and saw in Pearce's right hand a
black back strap, trigger mechanism and magazine of what appeared to be a pistol.
Upon making the said observation. Officer 1 yelled,"He has a gun" twice to Sergeant 1.
Pearce began to struggle more for control of his right hand and used his leverage
inside the car to break his right hand from Officer 1's grip. As a result, Officer 1 realized
that he was at a disadvantage in terms of maintaining control of Pearce's right hand.
He also believed that if Pearce were to gain control of what appeared to be a firearm in
his right pants pocket, he would be able to shoot Officer 1 in a vital area of his body.
Losing his grip of Pearce's right hand, Officer 1 yelled to Sergeant 1 to shoot Pearce.
Officer 1 broke contact with Pearce's right hand as at least one gunshot was fired
by Sergeant 1. Pearce looked at Officer 1, yelled,"You fucker" and continued to try and
draw what appeared to be a pistol from his right pants pocket. Fearing for his life and
Sergeant 1's life. Officer 1 then pushed away from Pearce to exit the PT Cruiser and
discharged one shot at Pearce. Officer 1 then saw Pearce slump in the passenger seat
as a female who was later identified as Witness 1 opened the front passenger side door
and began grabbing Pearce.
Officer 1 ordered Witness 1 to stay away as she continued to grab Pierce who
was still believed to be in possession of what appeared to be a pistol. As a result.
Officer 1 moved to the passenger side of the vehicle to control Witness 1 who refused to
follow Officer 1's instructions. Witness 1 then placed her hands behind her back as
Officer 1 tried to control her hands. Officer 1 finally put Witness 1 down to the ground
and was able to handcuff her.
Officer 1 further noted that he notified dispatch that shots were fired and
requested for an expedited ambulance to go to the scene. Sergeant 1 took possession
of what appeared to be a firearm and pulled Pearce out of the car. Sergeant 1 and
Officer 1 tfien began to administer first aid to Pearce.
3. Video Surveillance.^^
The photograph below shows Pearce walking to the PT Cruiser.
2® All of the below screenshots were taken from the video surveillance recording
recovered under HPD Report Number The video surveillance recording
does not show the actual shooting incident which would have been hidden from the
camera view regardless due to the structure blocking the driver's side of the PT Cruiser.
There are also gaps in the camera recording. Per Detective 1, the surveillance video
was motion activated by the movement of the palm trees located near the camera was
activating the video, and not by the activity near the PT Cruiser.
14 I P a g e
15 I P a g e
The next photograph depicts the HPD vehicle operated by Officer 1, stopping
behind the PT Cruiser.
16 I P a g e
The next four photographs show Sergeant 1:1) exiting the passenger side door
of the HPD vehicle to approach the PI Cruiser; 2)standing outside of the front
passenger side of the PI Cruiser; 3) running to the back of the PI Cruiser; 4) and
running behind the PT Cruiser to get to the driver's side of the PT Cruiser.
17 I P a g e
18 I P a g e
19 I P a g e
201 P a g e
The next sequence of photographs depict: 1) Sergeant 1 pulling Pearce out of

the vehicle while Officer 1 is at the trunk of the HPD vehicle: 2) Sergeant 1 and Officer 1
rendering aid to Pearce; 3) Sergeant 1 putting something on top of the roof of the PI
Cruiser; 4) back-up officers arriving to assist; 5) Honolulu Fire Department personnel
running to give first aid to Pearce; and 6) an ambulance arriving at the scene.
21 I P a g e
•w--. '• ;; «
22 I P a g 8
w-- 1
23 I P a g e
4. Statement by Witness 1.^'
On January 7, 2020, HPD Detective (hereinafter, "Detective 1")

and HPD Detective (hereinafter, "Detective 2) conducted a recorded
interview with Witness 1. Witness 1 said that Pearce was an on-and-off boyfriend and
that she knew that he was an escapee sometime during Thanksgiving (2019) after
watching the news. As a result, she confronted Pearce about his status and told him
that he could not stay with her. However, she did allow him to take a shower at her
house on Oko Street about once a week. Witness 1 further said that Pearce told her
that he did not want to turn himself in until after the holidays and his birthday, which was
sometime in January.
On January 6, 2020, Pearce called her and said that he was outside of her
residence. He wanted to take a shower but he could not since she was already taking a
shower. As a result. Witness 1 gave Pearce the keys to her PT Cruiser and told him to
wait in her car. After Witness 1 got out of the shower, she received a phone call from
Pearce who told her that someone was going to shoot him. As a result, she looked out
the window and saw commotion, which she described as being movement within her PT
The information below was taken from a recorded statement of Witness 1, taken by
Detective 1 and Detective 2.
24 I P a g e
Cruiser which was shaking. Witness 1 then ran outside and was yelling stop towards
everyone.
After running outside, Witness 1 observed Pearce in the FT Cruiser's driver's

side. She also saw two other males, one who was on top of Pearce and one who was
in the back of the vehicle. Witness 1 stated that she knew both males were police
officers because there was a police car parked behind the PT Cruiser. Witness 1
further said that both males were hitting and beating Pearce who kept struggling with
the officers and appeared to be trying to free himself from them. She also said that she
could not see Pearce's hands and did not know why he kept struggling with the officers.
Stating that the police were not saying anything to Pearce, Witness 1 also said that one
of the two officers then told her to back off and pushed her away after she yelled at
everyone to "stop."
While standing in a grassy area. Witness 1 then heard three gunshots and ran to
the front passenger side of her PT Cruiser. She opened the passenger door, grabbed
Pearce and held him. She said that the officers then grabbed her, threw her on the
ground and handcuffed her. The officers then put her in the police car.
Witness 1 stated that Pearce did not own a gun but had seen him with a toy BB
gun. She said that the BB gun resembled a pistol and had an orange tip to show that it
was not a real gun. When shown a photograph of the gun that was recovered from
Pearce's pocket, she said that the gun that she had seen on Pearce resembled the gun
in the photograph except that in the photograph, the tip was black. She also
acknowledged that the gun depicted in the photograph resembled a real gun.
5. Statements by
(hereinafter,'Witness 2") provided written and audio statements to

Detective 1. As to his written statement. Witness 2 said that he was outside of his
condominium when he heard yelling. He then observed a police officer who was
partially in a vehicle and who was wrestling with someone who was in the driver's seat
of the said vehicle. Witness 2 said that he then obsen/ed a female. The female was
yelling at the aforementioned officer to leave the person in the driver's seat alone.
Witness 2 said that he saw another officer who was trying to assist the other
officer and who was also trying to keep the female away from the struggle. He said that
both officers told the female to stay away and the male in the driver's seat of the car to
get out and "stop." The struggle lasted for about thirty (30)seconds and the female
then moved to the other side of the car. After the struggle intensified a little. Witness 2
heard the female say,"Don't shoot him." Witness 2 then saw what he assumed to be a
28 The information below was taken from: 1) a 252 statement written and signed by
Witness 2; and 2)a recorded statement of Witness 2, taken by Detective 1 and
Detective 2.
25 I P a g e
taser gun come out. He then heard one (1) to two (2) gunshots. He also saw what
appeared to be another gun and heard another one (1)to two (2)shots.
Hearing the female scream, Witness 2 then saw the officer who had been In the
vehicle, come out of the vehicle and handcuff her. Both officers then opened the
passenger side door of the vehicle and took the male who had been seated In the
vehicle out. The officers did a quick search of the said male and treated him.
In his recorded statement. Witness 2 confirmed that on January 6,2020, at about

3:15 p.m., he was outside of his condominium when he heard a female yelling and saw
commotion. Witness 2 then saw a PT Cruiser and an officer within the vehicle who was
yelling "stop" and "get out of the car." Witness 1 said he was about twenty-five (25)
yards away from the front of the silver PT Cruiser when he made the observations. He
also noted that he had seen the PT Cruiser In the past frequently near his condominium.
Witness 2 also said that he observed a marked police vehicle parked behind the PT
Cruiser.
Witness 2 stated that the female was on the driver's side of the PT Cruiser and
within a few feet from the car. She was yelling, "Don't do that" to the officers and
appeared to be Interfering with them. Meanwhile, Witness 2 observed a police officer In
In the driver's side of the PT Cruiser. The said officer was wrestling with someone In
the PT Cruiser and trying to get that person out of the vehicle while another police
officer who was outside of the vehicle was trying to assist. Per Witness 2, the female
kept coming back towards the car and the officer who was outside of the vehicle kept
trying to get her to move back so that he could focus to what was happening In the PT
Cruiser.
Per Witness 2, the female who kept saying,"Leave him alone, don't do that", was
Interfering with the police officers. The officer outside of the vehicle had to push her
back and tell her to stay back twice. Witness 2 could also hear the police officer In the
PT Cruiser saying,"Stop, stop" and "Get out of the car."
The commotion within the car started to escalate. The female then went around
to the passenger side of the vehicle and at that point. Witness 2 saw both officers In the
car wrestling with the person within the PT Cruiser. After hearing the female yell, "Don't
shoot him," Witness 2saw what appeared to be a gun or a taser. Witness 2then heard
about two(2)shots. He then saw another gun and heard approximately two (2) more
shots.
After hearing the shots, Witness 2 saw the police officer who was initially In the
PT Cruiser, come out of the said vehicle and handcuff the female. The officer then put
her Into the police vehicle and came back to the PT Cruiser. Both police officers then
went to the passenger side of the vehicle. One of the officers pulled out a black pistol
from within the PT Cruiser and left the Item on top of the vehicle. Both officers then
pulled a male out of the PT Cruiser and began to check his wounds and administer first
aid.
26 I P a g e
6. Statement by
(hereinafter,"Witness 3") provided a written statement to the police.

Witness 3 wrote that on January 6,2020, at about 3:00 p.m. to 3:15 p.m., he heard a
female scream. Pape saw a female and two (2) police officers outside of a gray colored
vehicle. Witness 3saw that the officers had their guns drawn while the female was
screaming "Don't shoot him" a number of times to them.
Witness 3said that he heard the police officers continue to yell "Get out of the
car" and "Keep your hands visible." He then heard "pop, pop and pop." The officers
then began to give CPR to a person.
7. Post Shooting Events.
Following the shooting, other officers arrived at the scene and assisted in
providing medical attention to Pearce.^ An ambulance then arrived and EMS and
Honolulu Fire Department personnel continued to administer first aid to Pearce." The
ambulance then transported Pearce to the Adventist Health Castle Hospital where Dr.
pronounced him dead on January 6, 2020 at about 4:06 p.m.^^
Subsequently, on January 6, 2020, at about 8:20 p.m.. Memorial Transport of Hawaii
transported Pearce's body to the Officer of the Medical Examiner, City and County of
Honolulu.
F. Pearce's Cause of Death, Recovered Evidence, and Toxicology

Results.^^
On January 7, 2020, at about 9:00 a.m., FP performed an autopsy on Pearce. In

his examination, FP ifound that Pearce had: 1) a penetrating gunshot wound to his
upper left back (hereinafter,"gunshot wound 1"), located eleven (11) inches below the
top of his head and eight and a half (8.5) inches left of his posterior midline; 2)a
penetrating gunshot wound to his left arm (hereinafter,"gunshot wound 2"), located
twelve and a half(12.5) inches below the top of his head and ten (10) inches left of the
posterior midline; 3)a penetrating gunshot wound to his back hereinafter,"gunshot
wound 3"), located fifteen and a half (15.5) inches below the top of his head and seven
and a half (7.5) inches left of his posterior midline; 4)a penetrating gunshot wound to
his back (hereinafter,"gunshot wound 4"), located seventeen (17) inches below the top
The information below is taken from a 252 statement written and signed by Witness
3.
3° See, generaliy, HPD Report Number|
See, report by HPD Officer I
32 See, report by HPD Officer|
33 The facts in this section are from Forensic Pathologist Dr. (hereinafter,
"FP's") report except when othenwise noted.
27 I P a g e
of his head and three and a half (3.5) inches right of the posterior midline; and 5)an
incipient gunshot wound to his left lower abdomen (hereinafter,"gunshot wound 5"),
located thirty one (31) inches below the top of his head and six and a half (6.5) inches
left of the anterior midline abdomen.
As to gunshot wound 1, FP noted that the skin surrounding the entrance wound
revealed searing, soot within the wound, and a surrounding muzzle imprint. The
examination showed that the wound path was sequentially: penetration of the skin, soft
tissue, the 3"^ and 4"^ left ribs before lodging in Pearce's left anterior chest. The wound
path trajectory was oriented from back to front, from left to right and slightly downward.
The bullet was recovered from Pearce's superior-anterior left chest. HPD Criminalist
(hereinafter,"Evidence Specialist 2") recovere^hî^let and
submitted the same into evidence under HPD Report Number
With respect to gunshot wound 2, FP noted that there was no evidence of close-
range firing. He stated that the wound path was sequentially: penetration of the skin,
soft tissue and the upper lobe of the left lung and bone before lodging in his inferior left
anterior chest. He stated that the wound path trajectory was from back to front, from left
to right and slightly downward. The bullet was recovered from Pearce's left anterior
chest. Evidence Specialist 2recovei^ the bullet and submitted the same into evidence
under HPD Report Number
In regard to gunshot wound 3, FP stated that examination of the skin revealed

gunpowder stippling surrounding the said wound. FP wrote that the wound path was
sequentially: penetration of the skin, soft tissue, the right 6®^ rib, the upper lobe of the
right lung and soft tissue before lodging in the right anterior chest. He said that the
wound path trajectory was from back to front, from left to right and upward. The bullet
was recovered from Pearce's superior-anterior left chest. Evidence Specialist 2
recovered the bullet and submitted the same into evidence under HPD Report Number
As to gunshot wound 4, FP stated that examination of the skin surrounding the

said wound revealed soot within the wound and gunpowder stippling surrounding the
wound. He noted that the wound path was sequentially: penetration of the skin, soft
tissue, the right 6''' rib, the upper lobe of the right lung and soft tissue before lodging in
the right anterior chest. The bullet was recovered from the right side of Pearce's chest.
Evidence Specialist 2 recovered the bullet and submitted the same into evidence under
HPD Report Number
With regard to gunshot wound 5, FP mentioned that the examination of the skin
surrounding the wound revealed no evidence of close range firing. He said that the
^ See, report by Evidence Specialist 2.

35 Id.
36 id.
37 Id.
28 I P a g e
wound path was sequentially: penetration of the skin and soft tissue. FP further stated
that the wound path was oriented from front to back and slightly left to right. No
projectile was recovered.
Lastly, FP noted that Pearce had abrasions to his head,forehead and elbows
and bruises to his bilateral wrists.
FP opined that the cause of death of Pearce was multiple gunshot wounds.
Lastly, a toxicology done on Pearce confirmed the presence of

methamphetamine(800 nanograms per milliliter) and amphetamine(90 nanograms per
milliliter) in his blood.
G. Recovered Evidence.
Personnel from HPD SIS recovered the followin^|ele^t items that were
submitted into evidence under HPD Report Number
HPD Description Where Recovered

Item
Number
2 One (1) magazine containing seventeen (17) From Officer 1
cartridges. following the shooting
3 One (1) magazine containing nineteen (19) Same as Item #2
cartridges.
4 One (1) Glock 19X Austria pistol. FrorrUHTO Officer
who
received item from
Officer 1
5 One (1) cartridge recovered from the chamber Same as Item #4
of Item #4.
6 One (1) magazine containing seventeen (17) Same as Items #4
cartridges recovered from Item #4.
12 One (1) bullet. On parking lot outside
the passenger door of
the PT Cruiser
13 One (1) cartridge case On driver's seat of the
PT Cruiser
14 One (1) Glock magazine containing FromH^ Officer
seventeen (17) cartridges who
received item from
Sergeant 1
Evidence reports by Evidence Specialist 1 and Evidence Specialist 2.

29 I P a g e
HPD Description Where Recovered

Item
Number
15 One (1) Glock 19 Gen 4 handgun with one (1) Same as Item #14
9mm cartridge from receiver and one (1)
Glock magazine with thirteen (13)9mm
cartridges.
16 One (1) Glock magazine with seventeen (17) Same as Item #14
9mm cartridges
17 One (1) GAMO PT80 handgun-caliber 4.5 mm FronUITO Officer
(.177)
24 Four(4) slugs/bullets labeled as follows; left From Pearce's body
inferior chest, left superior chest, right inferior during autopsy
chest, and right superior chest
25 One (1) cartridge case 9mm From center of the
trunk floor of PT
Cruiser
26 One (1) cartridge case 9mm From trunk floor, right
side of PT Cruiser
27 One (1) cartridge case 9mm From rear seat hitch
nook of PT Cruiser
28 One (1) cartridge case 9mm From floor at the right
rear seat area
30 I P a g e
H. Relevant Photographs of Evidence In this Case.
1. Replica Handgun that Pearce was Carrying In Pocket.

39
1^007600^
39
Photographs by Evidence Specialist 1.
31 I P a g e
-in-.',
^007600
32 I P a g e
2. Shell Casing in Front Driver's Seat.
The photograph immediately below is the shell casing left on the front driver's
seat of the PI Cruiser.^" The casing was later identified as not being able to be
eliminated from Officer 1's firearm, but being eliminated from Sergeant 1 's firearm."^
40
Id.;
Id.: See, report by SIS Criminalist (hereinafter, "Criminalist 1").
33[ P a g e
3. Photographs of rear/passenger trunk area of the PT Cruiser."^

34 [ P a g e
35 I P a g e
43
4. Photographs of Shell Casings from Firearm Used by Sergeant 1.
The four following photographs are the shell casings left on the back
passenger/trunk area of the PT Cruiser and the said casings were all determined to
have been fired from Sergeant 1's firearm."

Id.; See, report by Criminalist 1.
36 [ P a g e
37 I P a g e
e.
38 1 P a g e
39 I P a g e
5. Photographs of Bullet/Slug Located Outside of PT Cruiser/^
The photographs beiow are of the bullet located outside of the PT Cruiser and a
close up of the bullet.

40 I P a g e
1^007600^^ 63
41 I P a g e
I. Scientific/Forensic Evidence.
1. Gunshot Residue Collection Kit.^
Gunshot residue(GSR)collection kits were used on the hands of Sergeant 1,

Officer 1, and Pearce.'*^ Criminalist 2 analyzed the kits. Her findings and conclusions
are as follows:
Sergeant 1: Nine (9) particles characteristic of GSR confirmed and three

(3) particles consistent with GSR
Officer 1: Three (3) particles characteristic of GSR confirmed and one
(1) particle consistent with GSR
Pearce: Ten (10) particles characteristic of GSR detected
The presence of GSR on a person's hands indicates one or more of the

following*®:
• The person may have discharged a firearm.

• The person may have been in the vicinity of a firearm when it was discharged.
• The person may have come into contact with an item with GSR on it.
Criminalist 2 further noted that particles classified as "characteristic of GSR"

contain the elements iead-barium-antinomy while particles "consistent with GSR"
contain only two (2) of those three (3) elements.
2. Firearms and Tool Marks.*®
Criminalist 1 analyzed the relevantfirearm and ammunition submitted into

evidence under HPD Report Number as Item Numbers 4,12,13,15,18, 24,
and 25-28. She concluded that the service firearm belonging to Sergeant 1 (Item
Number 4)and to Officer 1 (Item Number 15) were operable.
Criminalist 1 determined that the cartridge casing recovered from the front seat of
the PT Cruiser could not be identified or eliminated as having been fired from Officer 1's
pistol, but was eliminated as being having been fired from Sergeant 1's firearm. As to
the four(4) casings (Item Numbers 25-28) located in the backseat/trunk area of the PT
Cruiser, they were identified as having been fired from Sergeant 1's pistol.
The facts in this section are from HPD SIS Criminalist (hereinafter,
"Criminalist 2") except as otherwise noted.
See. Reports by Evidence Specialist 1 and Evidence Specialist 2.
Report by Criminalist 2.
The facts in this section are from Criminalist 1.
42 I P a g e
As to the recovered bullet located outside of the PT Cruiser(Item Number 13),

Criminalist 1 identified the Item as having been fired from Sergeant 1's firearm. With
respect to the four bullets recovered from Pearce's body, Criminalist 1 determined the
following: a)the bullets recovered from Pearce's left anterior chest(gunshot wound 1),
Inferior left anterior chest(gunshot wound 2)and right anterior chest(gunshot wound 4)
were fired from Sergeant Vs firearm; and b) the bullet recovered from Pearce's
superior-anterior left chest(gunshot wound 3) was fired from Officer 1's firearm.
III. LEGAL PRINCIPLES.
A. Definitions.
"Believes" means reasonably believes.®"
"Bodily injury" means physical pain, illness, or any impairment of physical

condition.®^
"Deadly force" means force which the actor uses with the intent of causing or
which the actor knows to create a substantial risk of causing death or serious bodily
harm. Intentionally firing a firearm in the direction of another person or in the direction
which another person is believed to be constitutes deadly force. A threat to cause
death or serious bodily injury, by the production of a weapon or otherwise, so long as
the actor's intent is limited to creating an apprehension that the actor will use deadly
force if necessary, does not constitute deadly force.®^
"Force" means any bodily impact, restraint, or confinement, or the threat

thereof.®®
"Unlawful force" means force which is employed without the consent of the
person against whom it is directed and the employment of which constitutes an offense
or would constitute an offense except for a defense not amounting to a justification to
use the force. Assent constitutes consent, within the meaning of this section, whether
or not it othen/vise is legally effective, except assent to the infliction of death or serious
or substantial bodily injury.®^
"Serious bodily injury" means bodily injury which creates a substantial risk of
death or which causes serious, permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.®®
50 HawaPi Revised Statutes (hereinafter,"H.R.S.") Section 703-300(2014 Repl.).

51 H.R.S.§ 707-700(2014 Repl.).
52 H.R.S. S 707-300.
53 Id.
54 Id.
55 H.R.S. S 707-700.
43 I P a g e
B. Potential defenses in this matter.
Two H.R.S. Chapter 703(2014 Repi.)justification defenses apply to this case.®®

Each is referenced below:
1. Use of Force in Self-Protection.
H.R.S. Section 703-304 (2014 Repi.) states in relevant part as follows:
(1) Subject to the provisions of this section and of section 703-308. the
use of force upon or toward another person is justifiable when the
actor believes that such force is immediately necessary for the
purpose of protecting himself against the use of unlawful force by
the other person on the present occasion,
(2) The use of deadly force is justifiable under this section if the actor
believes that deadly force is necessary to protect himself against
death, serious bodily injury, kidnapping, rape, or forcible sodomy.
(3) Except as otherwise provided in subsections (4) and (5) of this

section, a person employing protective force may estimate the
necessity thereof under the circumstances as he believes them to
be when the force is used without retreating, surrendering
possession, doing any other act which he has no legal duty to do,
or abstaining from any lawful action.
(5) The use of deadly force Is not justifiable under this section if:
(a) The actor, with the intent of causing death or serious bodily
injury, provoked the use of force against himself in the same
encounter; or
(b) The actor knows that he can avoid the necessity of using
such force with complete safety by retreating or by
surrendering possession of a thing to a person asserting a
claim of right thereto or by complying with a demand that he
abstain from any action which he has no duty to take, except
that:
®® H.R.S. Section 703-301(1)(2014 Repl.) states, "In any prosecution for an offense,
justification, as defined in sections 703-302 through 703-309. is a defense."
44 I P a 9 e
(i) The actor is not obliged to retreat from his dweiling or

place of work, unless he was the initial aggressor or is
assailed in his piace of work by another person whose
place of work the actor knows it to be; and
(ii) A public officer justified in using force in the

performance of his duties, or a person justified in
using force in his assistance or a person justified in
using force in making an arrest or preventing an
escape, is not obiiged to desist from efforts to perform
his duty, effect the arrest, or prevent the escape
because of resistance or threatened resistance by or
on behalf of the person against whom the action is
directed.
(6) The justification afforded by this section extends to the use of

confinement as protective force only if the actor takes all
reasonable measures to terminate the confinement as soon as he
knows that he safely can, unless the person confined has been
arrested on a charge of crime.
The use of deadly force in self-defense involves consideration of two issues.

First, did the actor use deadly force? Secondly, was the use of deadly force justified?®^
The use of deadly force upon or toward another person is justified if the actor
reasonably believes that deadly force is immediately necessary to protect himself on the
present occasion against death or serious bodily injury.®® The reasonableness of the
actor's belief that the use of protective deadly force was immediately necessary shall be
determined from the viewpoint of a reasonable person in the actor's position under the
circumstances of which the defendant was aware or as the defendant reasonably
believed them to be when the deadly force was used.®®
2. Use of Force for the Protection of Other Persons.
H.R.S. Section 703-305 (2014 Repl.) states in relevant part:
(1) Subject to the provisions of this section and of section 703-310. the
use of force upon or toward the person of another is justifiable to
protect a third person when:
HAWJIC7.01A.
®® HAWJIC7.01A
®® HAWJIC7.01A
45 I P a g e
(a) Under the circumstances as the actor believes them to be,

the person whom the actor seeks to protect would be
justified in using such protective force; and
(b) The actor believes that the actor's intervention is necessary

for the protection of the other person.
The use of deadly force in the defense of others involves the consideration of two
issues. First, did the actor use deadly force? Secondly, was the use of deadly force
justified?®®
The use of force upon or toward the person of another is justifiable to protect a
third person when, under the circumstances as the actor believes them to be,the
person whom the actor seeks to protect would be justified in using such protective force;
and the actor believes that the actor's intervention is immediately necessary to protect
the third person.®^ The reasonableness of the actor's belief that the use of deadly force
was immediately necessary shall be determined from the viewpoint of a reasonable
person in the actor's position under the circumstances of which the actor was aware or
as the actor reasonably believed them to be when the deadly force was used.®^
IV. Analysis.
A. Use of Deadly Force in Self-Protection.
The first question is whether Sergeant 1 and Officer 1 were legally justified In
using deadly force in self-protection as both stated that they shot Pearce to protect
themselves from Pearce whom they believed was reaching for a firearm in his right
pocket area. This question involves a two-part inquiry: 1) Did Sergeant 1 and Officer 1
use deadly force; and 2) Was their use of deadly force justified?®®
As to the first question, both Sergeant 1 and Officer 1 stated they intentionally
shot at Pearce. As intentionally shooting at someone constitutes the use of deadly
force, it is not disputed that they used deadly force when they shot him.
As to the second question. Sergeant 1's and Officer 1's use of deadly force was
justified if they reasonably believed that deadly force was immediately necessary to
protect themselves from death or serious bodily injury. The reasonableness of their
belief that the use of protective deadly force was immediately necessary is determined
from the viewpoint of a reasonable person in Sergeant 1's and Officer 1's position under
the circumstances of which they were aware or as they reasonably believed them to be
when they used deadly force.
®o HAWJIC 7.02A.
®i HAWJIC 7.02A.
®2 HAWJIC 7.02A.
®3 HAWJIC 7.01 A.
46 I P a 9 e
First of all, as law enforcement officers wfio were trying to arrest Pearce for
Escape in the Second Degree, Sergeant 1 and Officer 1 were under no duty to retreat.®^
Secondly, as to Sergeant 1, under the circumstances that existed based on

Sergeant 1's belief, it was objectively reasonable that he used deadly force to protect
himself from death or serious bodily injury when he discharged his firearm at Pearce. In
Sergeant 1's report, he described a scene of chaos as they tried to arrest Pearce. As
they approached the PT Cruiser, Sergeant 1 spoke to Pearce to ascertain his identity.
Pearce said he wanted to call his "girl" and started to reach for his right pocket. After
Sergeant 1 then announced to Officer 1 what Pearce was doing. Officer 1 opened the
front driver's seat door and physically engaged with Pearce.
Sergeant 1, then quickly ran around the back of the car and tried to assist Officer
1 who was trying to pull Pearce out of the PT Cruiser. Because Officer 1 was in his
way, Sergeant 1 had to unlock the back driver's side door to help pull Pearce out of the
vehicle. Pearce, however, kept resisting and both Sergeant 1 and Officer 1 could not
control Pearce's right arm. However, Witness 1 then approached the PT Cruiser and
yelled "leave him alone." As a result. Sergeant 1 had to get out of the said vehicle and
push her away from the vehicle. He then went back into the PT Cruiser and while trying
to control Pearce, Officer 1 then alerted to Sergeant 1 that Pearce had a firearm.
As a result. Sergeant 1 punched Pearce several times but then heard Officer 1
state that he was losing grip of Pearce. After Officer 1 then told Sergeant 1 to shoot
Pearce, Sergeant 1 pulled out his firearm but could not shoot Pearce because he did
not have a clear shot. Noticing that Pearce was then creating distance between himself
and Officer 1 and also seeing Pearce's right hand reaching into his pocket and
appearing to pull something out. Sergeant 1 then finally discharged his firearm.
Sergeant 1 later pulled out what appeared to be a firearm from Pearce's right pocket
after the shooting.
As such, based on 1) Pearce's action of reaching into his pocket with his right
hand and appearing to try and pull something out from within; 2) Officer 1's
announcement to Sergeant 1 that Pearce had a gun; 3)Sergeant 1's and Officer 1's
inability to control Pearce's right arm; 4) Pearce's actions of pulling away from Officer 1
in order to create distance between fiimself and Officer 1; and 5)Sergeant 1's proximity
to Pearce as they were both within the PT Cruiser, Sergeant 1 had a very reasonable
belief that Pearce was going to shoot him and either kill him or cause serious bodily
injury to him.
^ HAWJIC 7.01 A, as modified, states in relevant part:

"When the defendant is a public officer justified in using force in the
performance of his duties, the defendant is not obliged to desist from
efforts to perform the duty or effect the arrest or prevent the escape,
because of resistance or threatened resistance by or on behalf of the
person against whom the action is directed."
47 1 P a g e
Thirdly, as to Officer 1 and under the circumstances that existed based on Officer
1's subjective belief, it was objectively reasonable that he used deadly force to protect
himself from death or serious bodily injury when he shot Pearce. Here, Officer 1
observed Pearce, who was within the PT Cruiser, trying to pull something out from his
right pocket. Upon seeing this. Officer 1 punched Pearce to disorient him and then
reached and tried to control Pearce's right hand. As he was on top of Pearce in the PT
Cruiser, Officer 1 then saw in Pearce's right hand, the black back strap, trigger
mechanism and magazine of what appeared to be based on Officer 1's training and
experience, a pistol. Although the "pistol" was later determined to be a replica firearm,
as the photographs of the recovered "pistol" showed, the "pistol" significantly resembled
a firearm.
Officer 1 then started to lose grip and control of Pearce's right hand. As Officer 1
was in the vehicle along with Pearce and in obvious close contact with him, he had a
reasonable belief that if had lost control of Pearce's right hand and body, he would not
have been able to retreat and Pearce would have easily shot him. Because they were
in such close proximity to each other. Officer 1 also had a reasonable belief that he
would have suffered death or serious bodily injury from being shot. Officer 1 finally
discharged his firearm at Pearce after hearing a gunshot and Pearce say "you fucker"
while pulling himself out of the PT Cruiser.
As a result, this investigation finds that both Sergeant 1 and Officer 1 were
justified in using deadly force in self-protection when they shot Pearce.
B. Sergeant 1's Use of Deadly Force for the Protection of Other

Persons.
Here, Sergeant 1 also noted that he shot Pearce to protect Officer 1 who was in
the front seat of the PT Cruiser wrestling with Pearce and trying to gain control of him.
As such,the defense of others when deadly force is also applicable here to Sergeant 1.
The Use of Deadly Force for the Protection of Other Persons defense involves the
consideration of two questions: 1) Did the actor use "deadly force;" and 2) Was the use
of deadly force justifiable?®®
As to the first question, as explained hereinabove, it is uncontroverted that

Sergeant 1 used deadly force when he intentionally shot Pearce.
As to the second question, the use of deadly force upon or toward another
person is justifiable to protect a third person if, under the circumstances as the actor
reasonably believed them to be, the third person would be justified in using deadly force
to protect himself against death or serious bodily injury and the actor reasonably
believes that his intervention is immediately necessary to protect the third person. The
reasonableness of the actor's belief that the use of deadly force was immediately
®® HAWJIC 7.02A.
48 I P a g e
necessary shall be determined from the viewpoint of the reasonable person in the
actor's position under circumstances of which the actor was aware or as the actor
reasonabiy believed them to be when the deadly force was used. The actor's belief that
the use of deadly force was immediately necessary may be mistaken, but reasonable.
Officer 1, the third person here, was under no duty to retreat as he was employed
and on duty as a law enforcement officer as he tried to arrest Pearce for being an
escapee.
Next, the facts support the conclusion that Sergeant 1's use of deadly force was
justifiable to protect Officer 1. As already noted hereinabove, under the circumstances
that Sergeant 1 believed existed at the time, Officer 1, who was losing control of
Pearce's right hand as Pearce was reaching for what appeared to be a firearm in his
right front pants pocket, would have been justified in using deadly force to protect
himself from death or serious bodily injury. In fact, Officer 1, who already said that
Pearce had a gun, announced to Sergeant 1 that he was losing control of Pearce and
then told Sergeant 1 to shoot Pearce. At that point Sergeant 1 drew his firearm and
eventually shot Pearce after Pearce created space between himself and Officer 1 and
moved towards the front passenger seat of the PT Cruiser.
As a result, this investigation finds that Sergeant 1's belief that his use of deadly
was immediately necessary to protect Officer 1 was objectively reasonable. He and
Officer 1 could not gain control of Pearce as Pearce was reaching for what appeared to
be a firearm in his right pocket. He objectively believed that Pearce was then going to
shoot and kill or cause serious bodily injury to Officer 1 and he therefore was justified in
shooting Pearce to protect Officer 1.
V. CONCLUSION
To secure a conviction for an offense under the Hawaii Penal Code, the
prosecution must disprove an applicable defense—other than an affirmative defense—
beyond a reasonable doubt.®® The defenses codified in H.R.S. Section 703-304,
See. H.R.S. Section 701-114(2014 Reol.). H.R.S. Section 701-115(2014 Repl.) and
H.R.S. Section 702-205 (2014 Repl.).
H.R.S. Section 701-114 states:
(1) Except as otherwise provided in section 701-115. no person may be

convicted of an offense unless the following are proved beyond a
reasonable doubt:
(a) Each element of the offense:
(b) The state of mind required to establish each element of the offense;
(c) Facts establishing jurisdiction;
(d) Facts establishing venue; and
49 I P a g e
H.R.S. Section 703-305 and H.R.S. Section 703-307 are not affirmative defenses. As
such, where these defenses are applicable they must be disproved (or negated) beyond
a reasonable doubt.®^
Here, the PAT declines prosecution of Sergeant 1 and Officer 1 for any offenses
under the Hawaii Penal Code for using deadly force against Pearce because the PAT
cannot disprove beyond a reasonable doubt that (1) Officer 1's use of deadly force was
not justified for self-protection; and (2) Sergeant 1's use of deadly force was not justified
for protection of others. Therefore, the PAT further concludes that Sergeant 1 and
Officer 1 were both justified in shooting Pearce and no charges will be filed against
either Sergeant 1 or Officer 1 in connection with the shooting of Dallas Pearce on
January 6, 2020.
(e) Facts establishing that the offense was committed within the time
period specified in section 701-108.
(2) In the absence of the proof required by subsection (1), the innocence of
the defendant is presumed.
(1) Except as otherwise provided in section 701-115. no person may be

convicted of an offense unless the following are proved beyond a
reasonable doubt:
(a) Each element of the offense;
(b) The state of mind required to establish each element of the offense;
(c) Facts establishing jurisdiction;
(d) Facts establishing venue; and
(e) Facts establishing that the offense was committed within the time
period specified in section 701-108.
(2) In the absence of the proof required by subsection (1), the innocence of
the defendant is presumed.
The elements of an offense are such (1) conduct,(2) attendant circumstances,

and (3) results of conduct, as:
(a) Are specified by the definition of the offense, and
(b) Negative a defense (other than a defense based on the statute of
limitations, lack of venue, or lack of jurisdiction).
See, e.g., State v. Culkin, 97 Hawai'i 206, 215, 35 P.3d 233, 242(Sup. 2001)
(stating that "Self-defense is not an affirmative defense, and the prosecution has the
burden of disproving it once evidence of justification has been adduced.").
50 I P a g e
VI. Materials Considered.
A. HPD Report No.
1. Investigative
• HPD Detective (Homicide)
• HPD Detective Homicide)
• HPD Detective "(PSO)
• HPD Detective (PSO)
District 4 CRU, Patrol and Support Officers

Sergeant 1
Officer 1
Officer 2
HPD Lieutenant I
HPD Sergeant I
HPD Sergeant!
HPD Corporal[
HPD Corporal
HPD Corporal
HPD Corpor^
HPD Officer r
HPD Officer
HPD Officer
HPD Officer
HPD Officer
HPD Officer
HPD Officer
HPD Officer
HPD Officer
HPD Officer
HPD Officer!
HPD Reserve Officer
|
SCIENTIFIC INVESTIGATION SECTION
Criminalist 1
Criminalist 2
EVIDENCE SPECIALISTS
Evidence Specialist 1
51 I P a g e
• Evidence Specialist 2
B. Written Witness Statements
• Witness 1
• Witness 2
• Witness 3
C. HPD Recorded Statements
• Witness 1
• Witness 2
D. Other Materials Received from HPD and PAT Independent Investigation
• Personnel information for Sergeant 1

• Personnel Information for Officer 1
E. PAT Independent Investigation
• General scene review

• Photographs
52 I P a g e

Dallas Pearce, Redacted Investigation Report Final

Uploaded by

Copyright:

Available Formats

You might also like

Dallas Pearce, Redacted Investigation Report Final

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Dallas Pearce, Redacted Investigation Report Final

Uploaded by

Copyright:

Available Formats

STEVEN S. ALM THOMAS J.

Officer-Involved Shooting Report No. 2023-01

Report Date: May 5, 2023

Independent Investigation of Officer-Involved Shooting of

Parking lot of Aikahi Gardens, Kailua, Hawaii 96734

The objective of the Department of the Prosecuting Attomey's (hereinafter,

This investigatior^onsidered materials and information provided by HPD.^ PAT

This investigation offers no opinion whether Sergeant 1 and Officer 1 complied

A. General Background (Introduction).^

On April 11,2012, Pearce was convicted of Burglary in the First Degree in

On November 19,2019, Pearce failed to return to the Laumaka work furlough

On January 6, 2020, at about 3:00 p.m.. Officer 1 drove Sergeant 1 in a marked

A surveillance camera video recording taken from an apartment unit at Aikahi

D. Participants in the Event

In addition to the aforementioned noted Burglary in the First Degree conviction,

START DATE END DATE LOCATION

April 24,1997 June 15,1998 Training

Based on the use of force records(UOF records) provided by PSO,Sergeant 1

20 This information, provided by HPD's Professional Standards Office (PSO), is as of

START DATE END DATE LOCATION

October 1, 2009 February 19, 2011 Training

Based on the use of force records(UOF records) provided by PSO,Officer 1 has

E. Factual Narrative for January 6,2020.

On January 6, 2020, at about 3:00 p.m.. Sergeant 1 was on duty as a part of

This information, provided by HPD's Professional Standards Office (PSO), is as of

As Witness 1 approached the driver's side door of the PT Cruiser, Sergeant 1

2. Statement by Officer 1."

The statement below was taken from Officer 1's report.

The photograph below shows Pearce walking to the PT Cruiser.

The next sequence of photographs depict: 1) Sergeant 1 pulling Pearce out of

4. Statement by Witness 1.^'

On January 7, 2020, HPD Detective (hereinafter, "Detective 1")

After running outside, Witness 1 observed Pearce in the FT Cruiser's driver's

(hereinafter,'Witness 2") provided written and audio statements to

In his recorded statement. Witness 2 confirmed that on January 6,2020, at about

(hereinafter,"Witness 3") provided a written statement to the police.

7. Post Shooting Events.

F. Pearce's Cause of Death, Recovered Evidence, and Toxicology

On January 7, 2020, at about 9:00 a.m., FP performed an autopsy on Pearce. In

In regard to gunshot wound 3, FP stated that examination of the skin revealed

As to gunshot wound 4, FP stated that examination of the skin surrounding the

^ See, report by Evidence Specialist 2.

Lastly, a toxicology done on Pearce confirmed the presence of

HPD Description Where Recovered

Evidence reports by Evidence Specialist 1 and Evidence Specialist 2.

HPD Description Where Recovered

H. Relevant Photographs of Evidence In this Case.

1. Replica Handgun that Pearce was Carrying In Pocket.

2. Shell Casing in Front Driver's Seat.

3. Photographs of rear/passenger trunk area of the PT Cruiser."^

Photographs by Evidence Specialist 1.

Photographs by Evidence Specialist 2.

5. Photographs of Bullet/Slug Located Outside of PT Cruiser/^

Photographs by Evidence Specialist 1.

1. Gunshot Residue Collection Kit.^

Gunshot residue(GSR)collection kits were used on the hands of Sergeant 1,

Sergeant 1: Nine (9) particles characteristic of GSR confirmed and three

The presence of GSR on a person's hands indicates one or more of the

• The person may have discharged a firearm.