Outside counsel sought for officer involved in fatal crash; Request headed to police commission Friday

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Attorney Brian DeLima is requesting funds for private legal counsel to represent Jody Buddemeyer, the Hawaii Police Department officer who authorities say struck and killed a Michigan man riding his bicycle in South Kohala.

DeLima said Wednesday that there is information about the March 1 incident that must be verified, and which he believes will shed light on the circumstances that led to 63-year-old Jeffrey Surnow’s death.

“We want to make sure he gets good representation,” DeLima said.

“Officer Buddemeyer is fully cooperating with the investigation and wants to make sure all the facts and circumstances are gathered and made public regarding this matter,” he said.

The request for counsel will be considered Friday by the county Police Commission. The meeting begins at 9 a.m. at the North Hawaii Education & Research Center in Honokaa.

Surnow, a successful developer and avid cyclist, was riding a bicycle east on Waikoloa Road near the 11-mile marker when he was hit by Buddemeyer, who was driving in the same direction. The 30-year-old officer, assigned to the department’s South Kohala District, was on duty at the time of the early morning incident. He was arrested on suspicion of negligent homicide and later released pending further investigation.

Buddemeyer has been placed on administrative leave pending the outcome of the investigation.

“He hasn’t been charged, and there is no civil case,” DeLima said.

While it is common to request private counsel in cases like this, DeLima said the decision to approve funds is up to the commission. His firm, Crudele and DeLima, is among those eligible to represent Buddemeyer moving forward, he said.

DeLima said he believes it’s in the best interest of the county to hire representation for its officer. He plans to request no more than $5,000 during Friday’s meeting.

“From my perspective, after a thorough investigation and all the facts come out as I believe they will, I think this will bring this matter to a conclusion for Mr. Buddermeyer,” he said.

Reached by phone Wednesday at their home in West Bloomfield, Mich., several members of the Surnow family declined to comment. One man, who identified himself as Michael Surnow, said the family is “destroyed” and asked for privacy in their time of grief.

Surnow was the owner of Birmingham, Mich.-based real estate firm Surnow Co. and founder of the annual Birmingham Bike Festival.

Email Chris D’Angelo at cdangelo@hawaiitribune-herald.com.