The Hawaii Police Department has been ordered to turn over records of its investigation into the accidental fatal shooting of an 11-year-old Boy Scout on Aug. 28 to the parents of the slain boy.
Hilo Circuit Judge Henry Nakamoto on Wednesday ordered the department to give the records to the Kris LaGuire, attorney for the family of Manuel “Manny” Carvalho, by 10 a.m. Oct. 26.
Nakamoto on Oct. 7 issued a subpoena to Acting Deputy Police Chief Kenneth Bugado Jr. and the department’s records division, directing them to produce unredacted records about the case to the boy’s family. The department refused, however, citing the ongoing investigation and privacy laws regarding three potential criminal defendants and numerous potential witnesses.
LaGuire petitioned the court for enforcement of the subpoenas, while county Corporation Counsel Sylvia Wan filed motions objecting to the subpoenas and seeking to quash them.
According to LaGuire, Carvalho’s family “has a right to know what happened to their boy on Aug. 28, 2022, at Boy Scout Camp Honokaia, where he was shot with an AK-47.”
“HPD still comes before this court and says, ‘Oh, if we produce that to the estate, it will cause the potential for the destruction of evidence, witness tampering or other impact upon the prosecution of misdemeanors to a couple of gun owners who brought weapons to that camp,” he told the judge. “The only thing I can wonder is what are they trying to hide?”
Police have completed their investigation and referred 23 misdemeanor firearms-related charges to county Prosecutor Kelden Waltjen for potential prosecution of three individuals. One was identified in a court document filed by LaGuire as Elson Wong, a Hilo resident and the alleged owner of the AK-47 that killed Carvalho. The other two are, as yet, undisclosed, as is who discharged the weapon that killed the boy.
“We’ve been trying to gather as much evidence as possible to find answers for the family and enable us to do a responsible investigation of a potential wrongful death claim, not only against the Boy Scouts of America and Boy Scouts of America, Aloha Council, but any and all individuals who were there on that day who are culpable civilly as well as criminally,” La Guire said.
Wan told the judge that Waltjen has “conflicted out” of the criminal case and has referred it to the state attorney general. She also noted that Carvalho’s parents, David Carvalho Sr. and Michele Carvalho, are witnesses in the case.
“Disclosing the records to them … would naturally taint whatever potential testimony they would have and any potential criminal prosecution for that case,” Wan said.
“I have already informed Mr. LaGuire that the county is happy to … provide the records … once the prosecuting entity has made a determination that they’re going to decline,” she added. “If they’re going to prosecute, then that’s going to be a longer proceeding, because the records can only be turned over after prosecution is completed.”
The statute of limitations for bringing a wrongful death civil lawsuit is two years from the date of death, and Nakamoto pointed out that criminal cases sometimes take longer to prosecute.
“Does that mean Mr. LaGuire would not have information … if he has a civil case?” the judge inquired. “Wouldn’t the statute of limitations (expire) and he wouldn’t have any relief?”
“I understand, Your Honor,” Wan replied. “Unfortunately, if any of this information is released prematurely, there is no protections for this information being released outside of what is specifically being ordered.”
LaGuire said Carvalho’s parents want “justice pursued.”
“Nothing that they can do can bring Manny back to them,” he said. “And the only reasonable thing that they can do on their own is to pursue civil action against the responsible parties. And without the police reports to do that, their heartache and misery is just increased an unbelievable level. And this court has the authority to overrule these objections, order these subpoenas to be enforced, and require these documents to be produced as soon as possible.”
The judge is allowing certain redactions in the requested documents, including all but the last four digits of Social Security numbers, addresses and phone numbers of potential witnesses, and ordered that birth dates only include the month and year.
Wan asked that only the initials of minors who were present during the shooting incident be released, prompting LaGuire to object.
“Manny Carvalho was a minor. Everybody in Hawaii knows that boy’s name,” he said.
Nakamoto ordered the minors’ names to be released to the estate.
Asked afterward why he’s deferring prosecution to the attorney general, Waltjen said family members and children of several of his staffers were present “and are potential witnesses.”
He then offered condolences to the Carvalho family.
Email John Burnett at jburnett@hawaiitribune-herald.com.