KEALAKEKUA — A Hawaii Police officer on Tuesday took the stand to recount the injuries his partner suffered in an altercation outside a popular Kailua Village restaurant last week.
“I saw a bunch of white wash in the water. When I got closer I saw the altercation in the water. He’d been holding him under (the) water, lunging punches at his head,” Officer Kaneala Abaya described of the altercation between defendant Shannon Ke and Officer Randall Hancock on March 26 outside Huggo’s On The Rocks.
Abaya’s testimony was part of Tuesday’s preliminary hearing for Ke, who is charged with attempted first-degree murder with the enhancement of a hate crime as well as disorderly conduct, two counts of first-degree assault on a law enforcement officer and resisting arrest. During the hearing, the officer recalled to the court the events leading up to the altercation in the ocean between his beat partner and Ke.
Abaya testified he and Hancock, responded to the oceanfront restaurant at about 6 p.m. on a report of a disorderly man. The complaint was the individual had been drinking vodka on the rocky ledge in front of the establishment, cursing at restaurant patrons and refusing to leave.
At the time of the incident, Abaya testified, he spoke to the restaurant manager and an employee who spoke to the suspect. He told the court the employee observed the defendant, later known as Ke, light a cigarette on one of the tiki torches, walked down a beach access path and sit on the rocky ledge.
Abaya stated Ke was allegedly heard yelling: “F—king haoles. Go back to the mainland!”
Abaya was told by the Huggo’s employee that she approached the man, told him it was private property and asked him to leave. She asked him to calm down or else they’d call the police.
While Abaya was speaking to the employee by the path, he testified Hancock went down to talk with Ke.
Abaya had only been speaking with the employee for about two minutes when he told the court he saw multiple patrons trying to get his attention yelling, “my partner needs my help.”
Abaya explained he jumped into the ocean from the rocky ledge, which was 5 or 6 feet. The water was waist to chest deep.
“I yelled at Shannon to stop fighting already — grabbed him by his wrist,” the officer stated.
While he was holding on to Ke, Abaya recalled Hancock gasping for air and blood dripping from his nose and mouth.
Ke was handcuffed while still in the ocean then assisted to the rocky ledge by officers. Both Abaya and Hancock escorted Ke from the rocks out on the beach access path. As they were exiting the path, Abaya testified, Ke slipped away from Hancock and head-butted the officer.
During cross-examination by defense, Deputy Public Defender Ann Datta asked Abaya to explain more of what was said between the employee and Ke.
“He’d been swearing and drinking,” the officer said of Ke.
When the employee told him the area was private property, Ke allegedly told the employee it wasn’t.
When Abaya responded to the altercation, he testified he observed Ke pop up from the water and holding Hancock under water.
“I observed him punch (Hancock) with a closed fist two or three times in the head area. I told him to stop fighting, to stop resisting,” Abaya stated in relating his interaction with Ke while in the water.
Datta addressed Ke being handcuffed in the ocean, asking if that was common practice.
“It’s unusual to ‘cuff someone in the ocean,” Abaya responded. “He’d already been resisting and assaulted a police officer.”
Abaya testified Ke was told at the time of the incident, he was under arrest for disorderly conduct, resisting arrest and assaulting a police officer.
Abaya stated Ke didn’t make any aggressive action toward him, only toward Hancock.
The officer stated he knew Ke because Ke had dated one of his family members.
The preliminary hearing had to be continued because of other cases that were scheduled to be heard. The hearing will resume April 11 with Hancock expected to take the stand.