Emotional testimony offered in preliminary hearing for man accused of killing Maui police officer

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Emotional testimony was received Wednesday from a Maui police officer and a caretaker of the Pāʻia Sugar Mill who shared details during a preliminary hearing, of the deadly shooting that took the life of beloved Officer Suzanne O on Friday night.

The defendant, Clembert Kaneholani, 38, is charged with first degree murder after allegedly firing the fatal shot from behind a concrete block at police who were dispatched to the scene for what was initially described as a case of terroristic threatening.

The hearing was moved to a larger courtroom to accommodate the family of the victim and the large number of officers present, including Maui Police Chief John Pelletier who was seated in the front row of the gallery. Earlier this week, he vowed the department would be “relentless in its pursuit of justice” for the fallen officer.

Timujin “Tim” Willems, caretaker at the Pāʻia Sugar Mill property called police after the suspect allegedly shot at him multiple times while trespassing on the 25-acre parcel.

The incident unfolded at around 8 p.m. when Willems was making checks of the property and observed a light in the nearby fields. Unlike hunters who are often seen with occasional lights on, Willems determined that this light was coming from someone who was walking toward one of several buildings on the property, located off of Baldwin Avenue.

Willems, who has worked for 2 1/2 years at the site and has lived on the property for about a year, described the structures as “dilapidated and run-down,” “old and decrepit.”

In an attempt to investigate further, Willems hopped in his Jeep with the lights off and went to a spot with a higher vantage, observing the individual enter a building and apparently “search” the structure with a light “moving all around,” before exiting.

When Willems turned on the vehicle headlights, he said the suspect “took off,” and headed toward Haleakalā Highway in the Kahului bound direction. Willems decided to drive his vehicle back, park in a lower area, and walk back on the road, where he then encountered the suspect.

Prompted by an audible noise, Willems said he turned on his Ryobi flashlight to find the suspect sitting within four feet of him, off to the side of the road, holding two handguns in his lap.

He was wearing a black tank top, camouflage pants, a camouflage backpack, and a facemask that “didn’t stay in place,” according to Willems, who was able to point out the suspect in court.

Willems testified that in response, he told the suspect: “You think this is the first time a weapon’s been pointed at me?”

According to Willems’ testimony, the suspect started retreating, walking uphill, further into the property. Willems took cover behind a telephone pole, at which point he said the suspect allegedly fired from about 30-40 feet away.

“He fired the pistol at me, blindly facing away, behind his back, pointing at me,” Willems testified. The suspect then made his way further, firing another shot behind his back, according to testimony.

At that point, Willems made a call to 911 as he pointed his light toward the suspect. According to Willems, Kaneholani could be heard saying: “Get off the f…ing phone. Get off the f…ing phone. Turn off the light,” before another shot was fired. “He lazily lifted it [the gun] up with his right hand, palm up, and fired a shot.”

Willems said it was possible that another shot was fired before he lost a visual on the suspect.

Familiar with the area, Willems made his way to the other side of the gulch and set his light on a metal post, aiming it to where he thought the suspect was. About a minute later, he said, the suspect fired again.

Willems said he was eager to hang up so he could call his girlfriend who was also on the property, so she could open the gate to allow police access.

At that point he could see the blue flashing lights of police cars making their way through Spreckelsville along Hāna Highway and could hear sirens coming up Baldwin Avenue. During the call, Willems’ girlfriend handed her phone off to Officer O who asked where the suspect was and other identifying information.

Officer Mousa Kawas, a nine year veteran of the department, was among the personnel that responded. He said upon arrival, he removed his department issued AR15 rifle from his vehicle and joined other officers who were gathering information on the suspect’s location.

At that point, an estimated six shots had already been fired.

According to testimony, officers on scene agreed to make their way to Willems’ point to get him out safely, make checks of the area, and work to establish a perimeter to ensure the suspect was contained.

Willems said 5-6 officers arrived to his location, advising him to seek safety at a nearby vehicle and make his way back to his girlfriend.

The officers eventually moved down a dirt pathway together, with Kawas using illumination from the light on his rifle to see ahead. He was flanked by Officer O to his immediate left and a relief officer to his right.

Kawas described an “uncomfortable” feeling he had as they approached a berm. He asked Officer O to check a corner cement block nearby to the left, and for another officer who was behind them to accompany her. To the right, attention was on a tunnel.

Then, Kawas said in tearful testimony, “I hear a pop to my left… and I hear Officer O scream… .”

She fell to the ground with a wound to her chest just below the left armpit. While other officers pulled Officer O out of the way to tend to her, Kawas said he could hear a “metal click,” and what he believed to be the “racking or slide of a gun,” or a “possible malfunction.”

That’s when the light on his rifle illuminated an area just to the right of the cement block where the edge of Kaneholani’s backpack could be seen. Kawas said he then observed the suspect crouching behind the pillar and began discharging his firearm.

“I shot multiple times until I heard him scream,” said Kawas. “He screamed and then I saw him put his hands up—one hand up—and I engaged directly to him… ran right up to him, put my gun to his head and asked to see his other hand.”

Kaneholani was reportedly struck in the left hip during the exchange.

On the ground where the defendant was being detained, officers recovered a handgun that was dug into the dirt. Kawas said the firearm had a “larger capacity, over 10 round magazine,” that “stuck out 3-4 inches” extending beyond the back.

Police also recovered a handgun with a wooden handle.

Officers on scene were wearing body cameras. Police plan to hold a press conference this afternoon to share further details from their investigation.

The preliminary hearing will reconvene on Friday afternoon, Aug. 22 before Judge Annalisa Bernard Lee.