The Hawaii County Police Commission took no action during its meeting Friday on attorney Brian DeLima’s request for private counsel to represent Jody Buddemeyer, the Hawaii Police Department officer authorities say struck and killed a bicyclist March 1 in South Kohala.
Josie Pelayo, secretary for the commission, said the panel made its decision based on the fact that the officer currently is not being sued and has not been charged.
DeLima said he was hoping the commission would proactively make a finding that Buddemeyer was performing his duty as a police officer and agree he is entitled to an attorney should he be charged criminally, or be sued civilly.
Jeffrey Surnow, a 63-year-old visitor from Michigan, 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 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.
The officer was placed on administrative leave, according to officials.