State, deputy sheriff disallowed from claiming self defense in Capitol shooting trial

HONOLULU (HawaiiNewsNow) – A Honolulu jury is deliberating the wrongful death case over the fatal shooting of a homeless man in February 2019.
Jurors heard nearly four days of testimony before starting deliberations on Wednesday morning.
The family of Delmar Espejo, 28, is suing the state of Hawaii and the deputy sheriff who shot him in the back during a scuffle at the Capitol.
Espejo refused to pour out an open container of alcohol.
During trial, it was revealed that Espejo was diagnosed with polio as a child and had trouble walking.
The family lawsuit filed in February 2021 alleged wrongful death, negligence and excessive force.
Ahead of the trial, the court found that evidence, including audio recordings between the deputies and dispatch, were destroyed.
Other evidence, like videos, was turned over late to the Espejo family attorneys.
The judge said during a hearing, “the non-production in a timely manner of critical evidence” means jurors would be instructed that self defense could not be considered when deliberating.
“That eliminates an entire line of defense and probably the most likely line of defense that a law enforcement officer has,” said retired federal public defender Alexander Silvert.
The state attorney general’s office is defending the case.
Silvert said the court’s sanction is a tough one. “It makes it much more likely that the jury can make a finding of liability in favor of the plaintiff,” he said.
Attorney Megan Kau agreed that the destruction of recordings makes it difficult for jurors to see and hear the events surrounding the shooting.
Videos don’t lie, Kau said.
“Without that recording, we’re relying basically on people’s memories,” she said.
Court is closed for the Thanksgiving Day holiday, so deliberations will resume on Friday.

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