8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
INVESTIGATIVE QUESTIONS
QUESTION 1: Was the use of deadly force resulting
in the death of Michael Kahalehoe justified?
QUESTION 2: Will any charges be filed against the
Honolulu Police Department officers who shot and
killed Mr. Kahalehoe?
1
8/29/2022
CONCLUSION
1. The use of deadly force which resulted in the
death of Mr. Kahalehoe was justified.
2. No charges will be filed against the Honolulu Police
Department officers who shot and killed Mr.
Kahalehoe.
THE SCENE
Tuesday, November 12, 2019
The shooting events took place at a Shell Station
located at 577 Farrington Highway in Kapolei.
The weather was clear with lighting from the Shell
Station.
The Shell Station had surveillance video. Body-Worn-
Cameras are not used by Crime Reduction Unit (CRU)
officers. 4
2
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• On Tuesday, November 12, 2019, plainclothes officers
assigned to various CRUs and the Strategic Enforcement
Detail met for an operational briefing. They discussed
Michael Kahalehoe and Melvin Spillner as suspects in the
Sunday, November 10, 2019, armed robbery of a blue
Subaru, using a firearm, their involvement in other
robberies, and how each had outstanding bench warrants.
• They had reason to believe that both Mr. Kahalehoe and Mr.
Spillner were armed and dangerous. 5
MICHAEL KAHALEHOE
3
8/29/2022
MELVIN SPILLNER
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• These officers learned that the stolen Subaru was at the Shell
Station located at 577 Farrington Highway in Kapolei.
• The blue Subaru pulled up to Pump 3 with the driver’s side by
the gas pump. Mr. Spillner, shirtless, got out of the Subaru and
attempted to pump gas from Pump 3.
• A black Honda, driven by Spillner’s fiancée, was parked at Pump
4 on the other side of the island, facing in the opposite direction.
She briefly spoke to both Mr. Spillner and Mr. Kahalehoe. Mr.
Kahalehoe got out of the Subaru from the driver’s side and also
attempted to pump gas from Pump 3.
8
4
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The convenience store cashier was alerted to errors at both
Pumps 3 and 4.
• At 10:36 p.m., unmarked police vehicles, a Ford Expedition, a
Toyota 4Runner, a Nissan Rogue, a Ford Escape, and a Toyota
Sienna van, converged on the Shell Station.
• The 4Runner, driven by Officer 4, and the Rogue, driven by
Officer 9, stopped in front of the Subaru, facing and bracketing it,
with the 4Runner on the left and the Rogue on the right. 9
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• The Sienna, driven by Officer 8, pulled up and stopped five
feet behind the Subaru.
• Seeing the 4Runner and the Rogue approaching, Mr. Spillner
dropped the gas nozzle and attempted to flee across the
island and behind the black Honda.
• Mr. Spillner was swiftly tackled and apprehended by several
officers. No shots were fired at Mr. Spillner.
10
5
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Several officers converged on the Subaru, with Mr. Kahalehoe
behind the wheel. He revved the Subaru’s engine loudly.
• Multiple officers gave verbal commands to Mr. Kahalehoe (e.g.,
“TURN OFF THE VEHICLE, PUT YOUR HANDS UP!”).
• As Officer 2 approached the front passenger corner of the
Subaru, Mr. Kahalehoe started driving forward and to the right.
Officer 2 passed in front of the Subaru, and stopped by its front
left corner. Officer 2 identified himself and also gave Mr.
Kahalehoe commands. He saw Mr. Kahalehoe reaching under the
steering wheel, out of Officer 2’s view.
11
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Mr. Kahalehoe reversed the Subaru until it struck the Sienna
parked behind it.
• Officer 6 and Officer 5 approached the Subaru from the
passenger side with Officer 5 ordering Mr. Kahalehoe to get out
of the car and Officer 6 telling Mr. Kahalehoe to turn off the
ignition.
• Mr. Kahalehoe then drove forward and to the right. Officer 6
jumped back from her position on the passenger side and Officer
5 moved to the side as the Subaru accelerated towards him and
the gap between the Rogue and the 4Runner.
12
6
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• From his vantage point, Officer 7 said that officers had to “jump
out of the way to avoid being struck by the stolen Subaru.”
• Officers 1 and 2 both fired at the Subaru. Mr. Kahalehoe was not
struck.
• The Subaru appeared to lightly graze the 4Runner but scraped
hard on the passenger side of the Rogue as it accelerated swiftly
forward.
• Mr. Kahalehoe kept turning the Subaru to the right arcing
towards approaching Officers 6, 7, and 8. 13
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4, fearing that the Subaru would hit the approaching
officers, fired 11 times at the Subaru in the direction of the
back driver’s side window.
• Officer 4 stopped firing when the Subaru’s engine stopped
revving and when he saw Mr. Kahalehoe lean over the center
console to his right.
• Officer 1 saw Mr. Kahalehoe reaching for his waistband and
seat area (a common place to secure firearms).
14
7
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 1 fired several times with his rifle, striking Mr. Kahalehoe
in the right forehead, and four times in the right shoulder/chest.
• Officer 3 fired at Mr. Kahalehoe from approximately 15 feet
behind the rear passenger side and through the rear glass
window as Mr. Kahalehoe turned the Subaru toward the officers.
• Officer 3’s bullets struck Mr. Kahlehoe on the left shoulder, left
upper back, and left forearm.
15
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 7 shot Mr. Kahalehoe three times from the front
passenger side, striking him in the left chest, right abdomen,
and right shoulder.
• There was one gunshot wound in Mr. Kahalehoe’s right chest
that could have come from either Officer 1 or Officer 7. It
was a through-and-through wound and the bullet was not
recovered.
16
8
8/29/2022
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 approached the Subaru and assessed Mr.
Kahalehoe’s injuries.
• He then attempted First Aid. While performing CPR, Officer 4
saw a firearm in Mr. Kahalehoe’s waistband.
• The firearm was also observed by Officers 1, 3, and 6.
17
CHRONOLOGICAL SUMMARY OF EVENTS
Tuesday, November 12, 2019
• Officer 4 recovered the firearm from Mr. Kahalehoe. There
was no round in the chamber, but the magazine contained
ten rounds of ammunition.
• At 11:04 p.m., Dr. Michael Dung pronounced Mr. Kahalehoe
deceased.
18
9
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• On November 13, 2019, Chief Medical Examiner, Dr.
Masahiko Kobayashi, conducted the autopsy on Mr.
Kahalehoe.
• A toxicology screen was conducted on Mr. Kahalehoe,
revealing the presence of amphetamine, methamphetamine,
and caffeine.
19
MEDICAL EXAMINER’S FINDINGS
• Dr. Kobayashi concluded the cause of death was multiple
gunshot wounds. He documented 12 distinct gunshot
wounds.
• Honolulu Prosecutor Chief Investigator, Timothy Hegerty,
met with Dr. Kobayashi to review his report and the evidence
recovered in the investigation. Together, they created a chart
summarizing the gunshot wounds suffered by Mr. Kahalehoe
and the officer likely responsible for each of the gunshot
wounds. 20
10
8/29/2022
MEDICAL EXAMINER’S FINDINGS
• The officer responsible for the number of gunshot wounds
was as follows:
Officer 1 – 5X
Officer 3 – 3X
Officer 7 – 3X
One gunshot wound could have come from either
Officer 1 or Officer 7. It was a through-and-through
wound and no bullet was recovered. 21
CRIMINAL HISTORY
• Mr. Kahalehoe was on probation for Promoting a Dangerous
Drug in the Third Degree and Unauthorized Control of a
Propelled Vehicle. On May 28, 2019, a $20,000 Bench
Warrant had been issued for his arrest.
• Mr. Spiller was awaiting trial for Unauthorized Control of a
Propelled Vehicle and Accidents Involving Damage to Vehicle
or Property. On October 7, 2019, a $25,00 Bench Warrant
had been issued for his arrest.
22
11
8/29/2022
OFFICERS’ USE AND ATTEMPTED USE OF
NON-DEADLY FORCE
1. The officers used non-deadly force to pursue and apprehend Mr.
Spillner.
2. The officers involved were all wearing protective vests with the
word “POLICE” prominently displayed.
3. Multiple officers identified themselves as “Police!” and made
numerous attempts to get Mr. Kahalehoe to stop the car, turn off
the ignition, and get out of the vehicle.
4. Officer 2 commanded Mr. Kahalehoe to stop but was ignored.
23
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
The use of deadly force in the defense of others involves 2 issues:
1. Did the actors use deadly force?
Yes. Officers 1, 3, and 7 intentionally shot Mr.
Kahalehoe.
24
12
8/29/2022
ANALYSIS
Potential Defense/Justification
Use of Deadly Force in the Protection of Other Persons (HRS Sec.703-305)
2. Was the use of deadly force justified?
Yes. Mr. Kahalehoe was using his car as a weapon. After ignoring
repeated commands to stop the car and turn off the ignition, Mr.
Kahalehoe drove his car at several different officers. Mr. Kahalehoe
was also separately observed reaching for his waistband (an area
known to carry firearms) and reaching under the steering wheel.
Officers 1, 3 , and 7 shot Mr. Kahalehoe to protect the other officers.
25
CONCLUSION
1. The use of deadly force which resulted in Mr.
Kahalehoe’s death was justified.
Officers 1, 3, and 7 were justified in shooting Mr.
Kahalehoe in the defense of other officers.
2. No charges will be filed against any of the Honolulu
Police Department officers involved in the incident at
577 Farrington Highway on November 12, 2019.
26
13
8/29/2022
DEPARTMENT OF THE
PROSECUTING ATTORNEY
Independent Investigation
Officer-Involved Shooting of Michael Kahalehoe,
Shell Station, 577 Farrington Highway
Kapolei, HI
November 12, 2019
14
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