Honolulu City Council has postponed their decision allowing the city to pay a $1.5 million settlement in a wrongful death lawsuit filed after Honolulu police fatally shot 29-year-old Lindani Myeni in 2021.
After fielding testimony on Wednesday, the council decided it wanted more time to consider whether to approve or deny the settlement, which was proposed by the City and County of Honolulu’s Department of the Corporation Counsel.
“I think a lot of councilmembers would like to be able to better digest everything that was said and flesh out a lot of the reports that we have not seen,” said Council Vice-Chair Esther Kiaʻāina.
The council could approve the settlement or let the case go to trial.
Myeni, who was from South Africa, was involved in a fatal altercation with Honolulu police at a Nuʻuanu home in 2021.
Three officers, who are part of the lawsuit, had responded to the property after a nighttime break-in call involving Myeni. Once they arrived, the interaction escalated quickly.
Myeni, who was unarmed, attacked the responding officers before they used a Taser on him and fatally shot him with a firearm.
The lawsuit, filed by Myeni’s wife, alleges that the police officers didn’t identify themselves to Myeni, but blinded him with their flashlights. It alleged that one of them then pointed their firearm at Myeni and ordered him to “get on the ground” without a purpose.
The lawsuit said Myeni acted out of fear for his life when he attacked the officers.
The Honolulu Police Department — represented at the council meeting by dozens of uniformed and armed officers — urged the council not to approve the settlement and let the case go to trial.
HPD Chief Joe Logan, Mayor Rick Blangiardi and Honolulu Prosecuting Attorney Steve Alm were among those who said the officers involved handled the situation properly.
“There are times to settle and there are times to go to court. I think this is the case … to go to court and say, you know what? Win or lose, we're standing behind our police department, and we're in support of that," Logan said.
However, the council had concerns about losing the trial and its impacts on the officers who responded. Councilmembers were also worried about the public’s perception if the settlement was denied. They wanted to make sure they properly reviewed all the information from the case.
Corporation Counsel Dana Viola said her department preferred the settlement, based on its analysis of the evidence, consultation with matter experts, and a mock trial it conducted.
The department’s evaluation took about three years.
“We facilitated a mock jury, and we engaged with a settlement judge and with a mediator. After evaluating all of the evidence, all of what we took three years to study, we do a risk analysis and then we try to determine what would be in the best interest of the city, the defendants and the officers, in this case,” Viola said.
She added, “I respect the positions of the mayor, the chief of police and the prosecuting attorney, but they have very different responsibilities.”
The Myeni family is in support of the council approving the settlement. Jim Bickerton, the attorney representing the family, said they had sought a higher settlement amount, but are willing to accept the proposed $1.5 million as a compromise.
Lindsay Myeni, Lindani Myeni’s wife, was also at the council meeting and made an emotional plea to the council.
She brought to the hearing some of the clothing and accessories her husband was wearing when he was shot.
“This is what I have left of my man. I brought it for a point of reality because I feel like you guys have decision fatigue because you have to decide on a hundred things in a day. … But this is a human, this is a man, this is my man,” she said.
She also spoke to the dozens of officers present at the council meeting, who had been there for hours waiting for the council to take up the agenda item.
“I know you feel bad because not one of you looked me in the eye. We've been here for hours. Not one of you looked me in the eye. Everyone looked away because you're human and this was an act against humanity — and you know it,” she said.
The council could make a decision on the settlement in November.
