KAILUA-KONA — A former South Kohala patrolman alleged to have struck and killed a bicyclist while on duty more than 19 months ago will make his initial court appearance Wednesday.
Jody Buddemeyer, 32, of Pahoa, turned himself in at the Kona police station on Friday after a bench warrant was issued for his arrest in the wake of an Oct. 3 Kona grand jury indictment of the former Hawaii Police Department officer. Buddemeyer faces charges of first-degree negligent homicide, tampering with physical evidence and making a false report to law enforcement in connection with the fatal March 1, 2015, crash that killed Jeffrey Surnow, a 69-year-old visitor from Michigan.
A police spokeswoman said Monday that Buddemeyer was arrested about 1:15 p.m. Friday. He posted the $10,000 bail about 30 minutes later.
His initial court appearance, where he will enter pleas to the three charges, will be before 3rd Circuit Court Judge Melvin Fujino in Kealakekua.
Contacted Monday regarding the indictment, Surnow’s older brother, Michael Surnow, provided a single-sentence statement to West Hawaii Today.
“Jeff was my brother for 63 years and nothing can assuage our pain nor bring my brother back,” he wrote.
Hilo Attorney Brian DeLima, reached Monday, confirmed he is representing Buddemeyer in the criminal case. He iterated that his client is presumed innocent until proven guilty.
“Once we get all the results of the investigation, our understanding is the results will demonstrate that he is not guilty, and once all that is revealed, we believe it will point out that he should not have been charged,” DeLima said.
Police say Buddemeyer was operating eastbound a subsidized patrol car and was on-duty when his vehicle struck and killed Jeffrey Surnow, of West Bloomfield Hills, Michigan, as he rode his bicycle eastbound up Waikoloa Road that March 2015 morning. The collision, which Buddemeyer reported at 6:25 a.m., occurred near mile marker 11.
First responders with the Hawaii Fire Department initially reported the incident as a hit-and-run after Surnow was found lying face down near a “severely damaged” bicycle on the road’s shoulder. HFD personnel determined Surnow died prior to their arrival and handed the investigation over to police, who subsequently arrested Buddemeyer on suspicion of negligent homicide and released him pending further investigation.
The following day, March 2, 2015, fire and police officials said they were in agreement that it was not a hit-and-run.
Buddemeyer was placed on administrative leave pending investigation. A police misconduct report presented to the Hawaii County Police Commission in February, which does not include names because of state law, said an officer was terminated in 2015 for tampering with the scene after being involved in a traffic fatality. Buddemeyer is no longer on the department’s sworn personnel list.
Surnow was the owner of Birmingham, Michigan-based real estate firm Surnow Co. and founder of the annual Birmingham Bike Festival.
According to Hawaii Revised Statutes, first-degree negligent homicide is a Class B felony punishable by up to 10 years in prison and fines up $25,000. The two other charges are misdemeanors, punishable by up to a year in jail and fines up to $2,000.