Family sues city over Kalaeloa fatal accident

Family sues city over Kalaeloa fatal accident
Thomas Davis
Thomas Davis
Chet Wilhite
Chet Wilhite

KALAELOA (HawaiiNewsNow) - On the night of September 5, 2014, Thomas Davis was riding his wheelchair on Enterprise Street.  The 44-year old was returning to a transitional living center in Kalaeloa when he was struck by a police car.

He died from multiple internal injuries.

"It was devastation. I was the one who ended up getting the call and it was hard for me to tell my parents -- very hard," said Davis' younger brother Sean.

The officer driving the blue and white had two juveniles in the back seat.  He was taking them to the Youth Challenge Academy.

The area of the accident has no streetlights or sidewalk. Davis was on the street when the car hit him.

His family in Massachusetts is now suing the city, claiming the cop was negligent and caused the collision by not keeping an eye out for pedestrians.

"In any accident there should always be someone held accountable," Sean Davis said.

After the accident the officer was not placed on restricted duty.  HPD said he is still with the department and an internal investigation is pending.

"Everybody makes mistakes. This policeman's mistake cost our friend his life," Paul Chapman said.

Davis was at a Bible study at Starbuck's in Kapolei before he wheeled himself onto Enterprise Street. He was wheelchair bound because of arthritis.

"He was in a wheelchair but his heart was not crippled," Chet Wilhite said. "He cared about people around him."

There's some suspicion the police officer was going faster than the 25 mile-per-hour speed limit.

"I miss my friend," Chapman said. "Nothing's happened. There's no word.  He needs justice."

It's been 15 months since the accident.

"My mother at times still cries," Sean Davis said."We definitely want closure but at the same time it's like, how do we go about it?"

The family's seeking damages for pain and suffering and reimbursement for Davis' medical, funeral and burial expenses.

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