Another Black Person's Lawsuit Against Police Dismissed w/o a Trial. Liberal Judge Tosses Case for Lindani Myeni: Honolulu Cops Ran Up on Unarmed Black Man w/o ID'ing Themselves and Fatally Shot Him
/A white liberal judge dismissed a wrongful death lawsuit Tuesday brought by the widow of an unarmed Black man shot by Honolulu police in 2021.
Lindani Myeni was murdered by police on April 14, 2021. Myeni, 29, was a South African national who had recently moved to Hawaii, where his wife grew up.
Honolulu attorneys had recommended paying $1.5 million to settle the lawsuit last year, but it never went to a vote before the full city council and the case went to trial.
Trial started July 14 and testimony included Myeni’s widow, Lindsay Myeni, taking the stand, according to her lawyers. Plaintiffs rested their case Friday.
The city filed a motion for dismissal that same day, arguing that no evidence was presented showing that the officers acted with malice and are immune from liability.
Judge Karin Holma, who is a white liberal, granted the motion Tuesday, according to court records.
Her ruling came after seven days of testimony including video of the incident showing an officer “hiding behind a flashlight and refusing to say he was a police officer,” according to a statement from lawyers representing Myeni's widow.
“While we wish the jury could have decided this, at least the appellate court can now review the record," attorney James Bickerton said in the statement.
ON VIDEO ASIAN WOMAN IS STANDING OUTSIDE SAYING TO 911, "IM SO AFRAID TO GO OUTSIDE." SHE ALSO CLAIMED TO BE TERRIFIED BUT ON THE VIDEO SHE DOESN'T LOOK OR SOUND SCARED . BECAUSE THE DOOR WAS OPEN LINDANI’S MISTAKEN ENTRY WAS PROBABLY NOT AN UNLAWFUL ENTRY, WHICH IS A CRIMINAL MISDEMEANOR. IT WAS MOST LIKELY SIMPLY AN UNWANTED, CIVIL TRESPASS ONTO THEIR PROPERTY THAT CAUSED NO MEASURABLE OR ACTIONABLE HARM TO THE ASIANS ABOVE.
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]
