From [HERE] The Honolulu City Council decided Thursday not to vote on a proposal that would have the city paying $1.5 million to settle a lawsuit over the 2021 police shooting of a South African rugby star.

Last month, the council postponed a vote to approve the settlement after hearing hours of highly charged testimony from the family of Lindani Myeni, Honolulu’s police chief, and a large number of police officers who appeared. alongside other city officials in a show of opposition to a proposed settlement. [MORE]

City Council members ultimately postponed voting on whether to approve the settlement

Council Chair Tommy Waters said in a statement: “I have decided to cancel the upcoming vote on the proposed lawsuit settlement, shifting the matter to the judiciary system, where it rightly belongs. This decision reflects the Council’s commitment to allowing legal experts to address the facts and merits of a civil case in court versus at a legislative hearing. The Council recognizes the importance of upholding judicial due process and believes that the courtroom is the most suitable setting to ensure a fair and transparent examination of these facts.

“During our last Full Council meeting in October, the discussion around the Myeni case escalated, turning the Honolulu City Council meeting at Kapolei Hale into what resembled a heated civil trial, with speakers presenting passionate arguments and facts from both sides. It is clear that the legal framework and procedural safeguards of the judiciary system are best equipped to handle this matter. I will not permit these public hearings to devolve into a spectacle for grandstanding or serve as a substitute for a court of law.”

Honolulu Prosecuting Attorney Steve Alm said in a statement Thursday:

“I am pleased that the settlement in the Myeni case was rejected.

“My office did an independent investigation of all the available evidence in this case and determined that the Honolulu Police Officers involved acted professionally and appropriately. Our investigation also determined that no charges would be filed as a result of the Officers’ use of deadly force in this incident.

“Settling this case would also say that the officers involved were motivated by racial prejudice. There was zero evidence of that.

The two officers who shot Myeni, Brent Sylvester and Garrick Orosco, who was seriously injured, were cleared of wrongdoing in June 2021 by Alm’s office, which declined to pursue charges against them. 

The officers had responded to the scene of an alleged unlawful entry call in April after Lindani mistakenly entered a house which was an Airbnb where an Asian couple was staying. Lindani, who was a tourist on vacation with his wife and 2 children, believed it to be the temple next door.

When he entered he alarmed the couple. A doorbell video shows the 29-year-old arriving at the house, taking off his shoes before entering through an open door and then quickly leaving after his presence confused the Asian couple. In the video Myeni is heard repeatedly apologizing to them as he exited. The couple frantically overreacted and called 911 and during an emotional call reported him as dangerous and claimed to be terrified. 

Due to the fact that the door was open and there was no signage indicating “no trespass” to the public, said entry most likely was not unlawful - despite being unwanted. in other words, Lindani did not commit a crime. Additionally, the couple gave inconsistent stories about what happened - and definitely did not appear to be “terrified” on the video. [MORE]

Police responding to the 911 call immediately approached and then shot and killed him a short time later outside the house. 

The video reveals the fact that cops never announced themselves in a very dark area at night as they shined a bright light into the Black man’s face. As the cops quickly ran up on him and put their hands on him he defended himself.

A lawsuit filed on his behalf said he likely mistook the home for a temple next door that’s open to the public. Unarmed, the Black man from South Africa was wearing a traditional Zulu headband with a tuft of fur at the forehead.

Doorbell and police bodycam camera footage had shown Myeni ignoring commands to get on the ground. The camera then shows a stun gun fired by police either malfunctioning or having no effect on Myeni.  

Most importantly the video also shows that an officer fired several gunshots at Myeni before identifying themselves as 'Police!' 

In this matter the cops were the aggressors who initiated a violent assault in the dark on a Black man without announcing themselves. The Black Man was unarmed and apparently trying to get away from his unknown assailants. Thus, deadly force, which was already unavailable to them because they were the aggressors, could not have been applied because the cops were not facing an imminent, deadly attack from an unarmed Black man defending himself against their aggression and trying to flee. [MORE]