KAILUA-KONA — A jury trial has been rescheduled for a former Hawaii Police Department officer who pleaded not guilty after being charged with negligent homicide in the death of a cyclist two years ago.
KAILUA-KONA — A jury trial has been rescheduled for a former Hawaii Police Department officer who pleaded not guilty after being charged with negligent homicide in the death of a cyclist two years ago.
Jody Buddemeyer appeared in 3rd Circuit Court on Thursday where the prosecution and defense made motions for a continuance. A jury trial is set to begin July 25.
Since a witness was unavailable, the state’s motion was for a continuance in part to determine voluntariness of the defendant’s statements made at the scene on March 1, 2015.
The defense also made a motion to continue in its entirety the voluntariness of the defendant’s statements and that a new trial date be set.
Motions were granted by Judge Melvin Fujino.
Buddemeyer, of Pahoa, pleaded not guilty in October to charges of first-degree negligent homicide, tampering with physical evidence and making a false report to law enforcement in connection with the crash that killed Jeffrey Surnow, a 69-year-old visitor from Michigan.
Police say Buddemeyer was operating a subsidized patrol car eastbound and was on duty when his vehicle struck and killed Surnow, of West Bloomfield Hills, Michigan, as he rode his bicycle east up Waikoloa Road. The collision, which Buddemeyer reported at 6:25 a.m., occurred near mile marker 11.
A police misconduct report, which does not include names, said an officer was terminated in 2015 for tampering with the scene after being involved in a traffic fatality. Buddemeyer is no longer on the department’s sworn personnel list.
First responders with the Hawaii Fire Department initially reported the incident as a hit-and-run after Surnow was found lying face down near a “severely damaged” bicycle on the road’s shoulder. They noted he had died prior to their arrival.
The Hawaii County Police Commission approved the police department’s request for legal counsel on behalf of Buddemeyer last month during its monthly meeting at the West Hawaii Civic Center.
Commissioners say Buddemeyer has the right to legal counsel since the incident happened while he was on duty.
Prior to trial, Buddemeyer is set to appear in court at 10 a.m. May 24.