Court orders police to turn over records in accidental shooting death of 11-year-old Boy Scout
HONOLULU (HawaiiNewsNow) - Hawaii County police will have to turn over evidence and details of their investigation into the accidental shooting death of an 11-year-old Boy Scout.
A judge granted a petition from the estate of Manuel Carvalho for an independent investigation.
Police and autopsy reports, body camera videos, and witness statements are among the evidence that must be provided by Oct. 26.
Attorney Kris LaGuire said the family “has a right to know what happened to their boy.”
Carvalho was accidentally shot and killed when another child picked up an AK-47 at the shooting range on the Boy Scouts campsite near Honokaa.
LaGuire told the court that they have been trying to investigate the events of that day but cannot go further without the information.
The county attorneys objected.
“The parents of this child are also witnesses to this particular case. They have been interviewed as witnesses,” said Deputy Corporation Counsel Sylvia Wan.
“If they were to review them and review the other evidence... it would naturally taint potential testimony.”
But LaGuire told the court that the police investigation is already complete and the department recommended 23 misdemeanor charges against three men who were at the range that day. One of them is the owner of the AK-47.
“The Carvalhos want justice pursued both on the criminal side and on the civil side,” LaGuire told the court.
“We’ve been trying to investigate this without the benefit of the most critical evidence available, what was seen, heard and said.”
Circuit Court Judge Henry Nakamoto ruled in favor of the estate, citing the time constraints for the family to file a civil lawsuit and other reasons.
As Hawaii News Now reported earlier this week, the Hawaii County Prosecutor’s Office conflicted out of the case because staff and family members were at the Scouts event.
The state Attorney General’s office could take over or assign another agency to review for possible criminal charges.
That could delay the investigation and the statute of limitations for filing a civil case is two years.
Nakamoto is allowing corporation counsel to redact some information, including Social Security numbers, addresses and phone numbers. But names of witnesses, including minors, must be provided.
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