Killing of Lindani Myeni
| Date | April 14, 2021 |
|---|---|
| Location | Nuʻuanu, Hawaii |
| Type | Police killing |
| Cause | Gunshots |
| Filmed by | Bodycam footage, Ring camera footage, a couple at the residence as witnesses |
| Participants |
|
| Deaths | Lindani Myeni |
| Non-fatal injuries | Three Honolulu Police Department officers [1] |
| Charges |
|
On April 14, 2021, three officers from the Honolulu Police Department shot and killed 29-year-old Lindani Myeni fronting a home in Nuʻuanu, Honolulu County, Hawaii during an alleged burglary.[1] Myeni was a Black South African who played professional rugby and had two young children. The shot took place in a residence's driveway after him fighting with Honolulu police officers. All three police officers were injured, and one was hospitalized. [1]
After the killing, Myeni's widow Lindsay Myeni filed a wrongful death lawsuit against the city of Honolulu, while Honolulu Prosecutor Steve Alm decided not to prosecute any of the involved officers after an investigation by his office.
Background
Lindani Myeni was a Black South African man from the Zulu tribe,[3] raised in the town of Empangeni in KwaZulu-Natal,[4] who played professional rugby and had two young children.[5] He was married to Lindsay Myeni, who grew up in Hawaii. The couple met at a hotel in Durban, where Lindani was playing an away game of rugby and Lindsay had a layover during a worldwide Christian missionary trip. Their wedding was 18 months later, and they moved to the United States in January 2020 because of Lindsay's real estate career. Initially living in Tampa, Florida, the couple disliked the racial disparities there and did not feel safe as a mixed-race couple. They subsequently moved to Denver, where Lindani joined the Glendale Merlins while waiting for a work permit, but was arrested and released without charges while traveling with the Merlins in Austin, Texas, and was later stopped by police while walking to rugby practice in Denver. The couple moved to Hawaii as a result, arriving in February 2021[6] with their two children.[7] Lindsay began work selling real estate, while Lindani was a stay-at-home dad.[6]
According to Lindsay Myeni, the family were touring Oahu on April 14, 2021, the day Lindani Myeni was killed. Lindsay Myeni told The New York Times that while the family was driving home after visiting Hānaiakamalama, they stopped at a roadside stand selling wood carvings, and Lindani became fixated on a large carved fish hook which the carver told them was a source of spiritual protection. According to Lindsay, they did not purchase the hook because it was too expensive at $250, but Lindani continued to talk about it even after they arrived at home, saying that he felt a need for spiritual protection and that he wanted to go back and buy the hook. He felt uneasy and went for a drive alone to clear his head.[6]
In the documents that Honolulu Prosecutor Steve Alm released to the media during his press conferences on June 30th, they claimed that they had interviewed Myeni's martial arts instructor. The person said Myeni told him that he was going through some emotional and something along the lines of "crazy African spiritual stuff". The report mentioned another interview they conducted with a neighbor of Myeni, who said, "On most afternoons at approximately 3:30 p.m., Myeni would go to his second-floor lanai and smoke marijuana." The neighbor described Myeni as a strange person who would sometimes stand in the backyard at sunset for over an hour while chewing on a sugar cane stalk and staring up at the sky. In the same report, the neighbor also mentioned that he did not hear any arguments from the Myenis; they were generally quiet.[2]
According to Alm's investigation, about 20 minutes before the shooting, Myeni approached the scene of an unauthorized entry into a motor vehicle, talking to several investigating police officers and the victim. The victim told Myeni to go away. He asked one of the officers for money for food and wanted to get in the back seat of a police car. Myeni told another officer that he needed help contacting someone but then realized that he had his own phone. Myeni then drove in his car to a nearby house and followed a couple inside.[5][2] Alm commented that "several of (Myeni’s) statements and actions were strange, even bizarre”.[2]
Shooting
At 8:09 p.m. on April 14, 2021, a person in Nuʻuanu called the Honolulu Police Department (HPD) to say that someone was entering the caller's house. The call lasted nine minutes and 47 seconds. Five minutes into the call, at which point Myeni seems to have left the house, three HPD police officers arrived.[6] They approached him in the dark driveway and ordered him to get on the ground, and he subsequently attacked them while asking twice who they were.[8] The police deployed a Taser. As Myeni continued to fight, they shot and killed him.[9] One of the officers was hospitalized after he sustained facial fractures, a concussion, and bodily injuries. Another officer sustained multiple bodily injuries, and the third sustained a concussion and multiple abrasions to his body.[1]
Honolulu Police Department statement
The day after the killing, Chief of Police Susan Ballard told the press that officers responded to a reported burglary. Myeni had exhibited "erratic and odd behavior" inside the residence before assaulting three police officers outside. When the first officer arrived and ordered Myeni to get on the ground, she said Myeni charged at him, punching him several times. Another officer tried to intervene, and the third officer tried non-lethal force first, deployed a Taser, which didn't stop him. The first officer fired a single round, but Myeni "continued and straddled" another officer, and that's when "Officer two" fired three rounds. She added that all three officers had been sent to the hospital and that the officers' shooting of Myeni was justified because "(Myeni) seriously injured the officers and their lives were in jeopardy." [10] The department released a recording of the 911 call to the press, along with footage from police body cameras at the scene.[9]
Two days after the killing, Acting Deputy Chief Allan Nagata said that the three involved officers "were very brave and they fought for their lives," adding that the shooting "was not a case of overreaction."[6]
Wrongful death lawsuit
On April 21, 2021, Lindsay Myeni filed a wrongful death claim against the city. Her lawyer, James Bickerton, subsequently conducted depositions of witnesses, including the couple and the owner of the home. Bickerton was able to obtain more video footage with a subpoena as a result of the claim, including more body camera footage and a Ring video recording from the residence.[9]
Subpoenaed Ring camera footage
The redacted Ring camera footage, provided by Bickerton and described by Honolulu Civil Beat, depicts two cars pulling up to the residence at about 8 p.m. The couple walks into the house, and Lindani Myeni follows, wearing a face mask and a traditional Zulu headband[9] called an umqhele.[6][4] Myeni removes his shoes before entering the house, and is inside for about 40 seconds. He then backs out of the house while one of the couple who called 911 can be heard saying that someone has broken in. According to Bickerton, the caller said during their deposition that they were initially pretending to call the police but then decided to do so for real. Bickerton told Civil Beat that the Ring footage supports his theory that Myeni intended to enter the International Society for Krishna Consciousness temple adjacent to the property, saying that the Zulu headband he was wearing would be typical attire for a church or temple.[9] Lindsay Myeni additionally said that she believed Myeni had intended to enter the Hare Krishna temple.[6] While in an earlier interview with Hawaii News Now, Lindsay said she didn't know why Myeni was there but he wouldn’t burglarize. [3]
Scot Brower, a lawyer representing the couple and the house owner, disputed the idea that Myeni was looking for a temple. He said the ring camera was motion-sensitive and only record when movements occurred outside the home's front door, [11] in fact, Myeni was inside for several minutes, [12] during which Myeni behaved strangely, walking down the hallway and rummaging through things in rooms, claimed to own the home, and said "I have a video on you. You know why I’m here." He acknowledged that there was no recording to support his claims. He said although English was not the couple's primary language, they are fluent in English. Brower additionally noted that the couple worried that they were targeted because of their ethnicity due to Xenophobia and racism related to the COVID-19 pandemic. [8]
Alm, Honolulu Prosecutor, said that no facts were supporting Myeni was looking for the temple. Alm elaborated "If in fact Mr. Myeni was looking for the temple, it would have taken him maybe a few seconds after getting into the house to realize oh, no temple, wrong place, turn around, leave."[12] Alm additionally said that Myeni told the 911 caller “I have videos of you. You know why I’m here.” He then said he lived in the house, and a cat in the house was his. Alm said Myeni stayed inside for five minutes even though the 911 caller asked him to leave several times and told him they were calling the police. Alm said Myeni told the caller that he is not afraid of the police and he was on a hunt, on safari, [12] where the couple interrupted as threat and said that they were the hunted prey and he was the hunter. [2]
In his documents for the press, Alm also enclosed a statement from the president of the Hare Krishna temple. The president claimed, "we do not know Mr. Myeni and have no information concerning him or the events of April 14. We are not aware that he has ever been to our temple or had any intention to come to our temple on April 14.". He stated that the temple was closed during the time of the incident. [2]
911 call audio
In audio from the 911 call as described by Civil Beat, the caller tells Myeni to "please leave". Bickerton claims that the caller's spouse can be heard saying “we have no temple” in the background. The caller tells the dispatcher that Myeni identified himself as Lindani or Linden per New York Times,[6] that he said he was from South Africa, and that he was not armed or shouting. The caller is audibly crying for much of the phone call. In the Ring camera footage, Myeni is seen leaving while repeatedly apologizing and saying "I know you guys though. Can I see your phone". The caller tells the dispatcher that they are too afraid to go outside. As Officers arrive, the caller directs them to Myeni.[9]
Scot Brower disputed the claim that the spouse of the caller can be heard mentioning a temple in the background.[8] He additionally noted that Myeni went in the house without any permission or consent.[13]
Body camera footage
In body camera footage as described by Civil Beat, an officer points a handgun and a flashlight toward Myeni in the dark, and shouts at him twice to "get on the ground". Myeni begins to fight with the officers, causing the camera to shake, while repeatedly asking who they are. Another officer deploys a taser as Myeni continues to fight. someone yells "shoot him!", and one shot can be heard. Another officer says "fuck you" and three more shots are fired as the officer says "Police!"[9]
Prosecutorial response
In April,[timeframe?] Honolulu Prosecutor Steve Alm announced that his office was investigating the police response to the incident.[9]
On the shooting
On July 1, 2021, The New York Times reported that Alm had decided not to prosecute any of the three involved officers.[14] Alm said that the officers' use of deadly force was justified.[15] He noted that the officers tried to use multiple non-lethal, non-deadly force techniques to control Mr. Myeni before they used their service firearms.[2] Alm said that Myeni attacked the officers immediately as they arrived at the scene (identified by Alm as Officer one, two, and three), hitting Officer one. Officer three used his Taser, but ineffective. Myeni attacked Officer three, and Officer two tried to stop him by hand but failed. Myeni charged at Officer one again. The Officer shot Myeni in his chest that didn't subdue him; Myeni then tackled him and began punching him repeatedly on the ground. Alm said Officer two then drew his weapon and ordered Myeni to stop. When Myeni kept punching Officer one in the face, Officer two fired three times, striking Myeni twice in the torso and once in the leg. Alm said that both officers were justified because officer one feared for his life and Officer two was afraid Officer one would be killed, or that Myeni would gain control of Officer one's weapon.[2] In the persecutor's documents that he gave to the media, he pointed out that Myeni committed the offense of unauthorized entry in a dwelling in a second degree and the offense of assault against a law enforcement officer in the first degree.[2] Finally, Alm gave a remark saying all three police officers were sent to the emergency room after the incidents with injuries, including one who was seriously injured and hadn't returned to work at the time of the press release. [2] He noted that Myeni was unarmed, additionally stated that his office "did not see any evidence that race played any part in this entire incident."[2]
Autopsy report
According to an autopsy report provided by Alm's office, the toxicology found the presence of a marijuana component with metabolites in his blood. Still, the autopsy report offered no opinion concerning the psychological or physiological effect of marijuana on Myeni’s state of mind or his behavior.[2] The Medical Examiner noted in the report that they proposed a Chronic Traumatic Encephalopathy consultation through Boston University but it was declined by Myeni's family saying, "make him look bad."[2] The Medical Examiner concluded the cause of death was multiple gunshot wounds. [2][16]
Criticisms
The New York Times quoted Bridget G. Morgan-Bickerton, a lawyer for Myeni's widow Lindsay Myeni, who said that she was "very disappointed" in the Prosecutor's decision. Morgan-Bickerton said that Alm's investigation had not addressed the fact that the officers did not identify themselves as police before shooting Myeni, stating that this was because Myeni was Black, and noting that Lindsay Myeni's wrongful death lawsuit against the city would continue. Alm responded that the officers' uniforms would have been clearly visible and that Myeni would have been able to see them because of the bright streetlights in the area, and therefore there was no need for the officers to verbally identify themselves as police.[5]
Public response
In US
Locally, the killing of Myeni led to some gatherings and small protests, but there were no mass protests. Kenneth Lawson, a professor at the William S. Richardson School of Law, told Associated Press that the killing "would have generated mass protests in any other American city", while Akiemi Glenn, founder and executive director of The Pōpolo Project, said that acknowledging racial bias in Hawaii's law enforcement "explodes the myth that this is a paradise".[4] Al Sharpton released a statement condemning the shooting as "yet another sensational racialization and criminalization of an innocent unarmed black man at the hands of police not following the law and proper police procedures".[13]
A Back Da Blue rally was held on April 25th Kapolei, Mililani, Kane'ohe District Parks to Kapolani Regional Park in Waikiki following the shooting, showing support to HPD. A participant told KITV that "Every time they step out, they put their lives on the line for everybody." A downtown Honolulu restaurant offered free meals to officers till the end of the month.[17]
In South Africa
Lindani Myeni's body was sent to South Africa for his funeral. A group of youth from the African National Congress met the coffin at O. R. Tambo International Airport in Johannesburg, waving a banner that read "Black Lives Matter" and depicted his face.[5] Nonhlanhla Khoza, who was present as part of a delegation from the KwaZulu-Natal provincial government, called for justice and said that the killing of Myeni had "diminished the little hope that there will be a sudden change in police attitudes after the globally reported murder of George Floyd". She described the actions of the police officers who killed Myeni as reminiscent of the Atlantic slave trade and lynching of Black people in the United States as well as the apartheid security forces in South Africa, expressed a loss of faith in the Honolulu Police Department, and stated that "we have confidence in U.S. President Joe Biden, that as crusader for human rights and justice, he will ensure that justice will finally prevail".[18]
At Myeni's funeral, Lindsay Myeni expressed a desire to raise the couple's children in South Africa, saying that she didn't "want to raise kids that are considered black in America, where clearly it's not safe" and asking the South African government for help gaining citizenship.[19] The government of KwaZulu-Natal stated that it would support Myeni's family in finding justice,[20] with government official Neliswa Nkonyeni claiming that Myeni's death was racially motivated and stating that “to understand the racial disparities in the USA, we must look beyond its borders and its institutionalised racism [...] We must interrogate its violent interventionist approach in other countries in the name of exporting democracy."[21] The funeral, along with recordings of the 911 call, was broadcast in South African media and Myeni's death was compared to police killings of other African immigrants to America[5] such as those of Amadou Diallo, Ousmane Zongo, and Alfred Olango.[6] Myeni was buried in eSikhaleni, KwaZulu-Natal.[20]
See also
References
- ^ a b c d Staff, Star Advertiser (April 20, 2021). "2 Honolulu police officers still on 'injured leave' following altercation with Lindani Myeni". Star Advertiser. Archived from the original on 2021-04-21. Retrieved 2021-10-14.
- ^ a b c d e f g h i j k l m n Lovell, Blaze (2021-06-30). "Honolulu Prosecutor: Police Officers Who Shot And Killed Lindani Myeni Were Justified". Honolulu Civil Beat. Archived from the original on 2021-07-01. Retrieved 2021-10-13.
- ^ a b Blair, Allyson (April 16, 2021). "Widow of man fatally shot by police tries to piece together his final moments". Hawaii News Now. Archived from the original on 2021-07-06. Retrieved 2021-09-19.
- ^ a b c Kelleher, Jennifer Sinco; Magome, Mogomotsi (2021-06-06). "No mass protests after Honolulu police shoot, kill Black man". Associated Press. Archived from the original on 2021-06-28. Retrieved 2021-09-19.
- ^ a b c d e Levenson, Michael (2021-07-02). "No Charges for Honolulu Police Officers Who Fatally Shot South African Man". The New York Times. ISSN 0362-4331. Archived from the original on 2021-07-03. Retrieved 2021-09-18.
- ^ a b c d e f g h i Chutel, Lynsey; Van Dyke, Michelle Broder (2021-05-15). "A Police Shooting in Hawaii Has South Africans Demanding Justice". The New York Times. ISSN 0362-4331. Archived from the original on 2021-09-19. Retrieved 2021-09-18.
- ^ Brantley-Jones, Kiara (July 2, 2021). "Charges will not be filed against Honolulu police in fatal shooting of Black man from South Africa". ABC News. Archived from the original on 2021-09-18. Retrieved 2021-09-18.
- ^ a b c Jedra, Christina (2021-06-19). "Attorney Says Lindani Myeni Was Acting Strangely Before Lethal Encounter With Police". Honolulu Civil Beat. Retrieved 2021-10-13.
{{cite web}}: CS1 maint: url-status (link) - ^ a b c d e f g h Grube, Nick; Jedra, Christina (2021-06-15). "Video Reveals Details Of Events Leading To HPD's Killing Of Lindani Myeni". Honolulu Civil Beat. Archived from the original on 2021-07-05. Retrieved 2021-09-18.
- ^ staff, HNN (April 16, 2021). "Police chief says lives of officers who fatally shot 29-year-old 'were in jeopardy'". Hawaii News Now. Archived from the original on 2021-05-26. Retrieved 2021-10-15.
- ^ Boylan, Peter (June 18, 2021). "Woman who called 911 says Lindani Myeni was following, filming her". Star Advertiser. Archived from the original on 2021-06-28. Retrieved 2021-10-14.
{{cite web}}:|archive-date=/|archive-url=timestamp mismatch; 2021-06-19 suggested (help) - ^ a b c Morales, Manolo (June 30, 2021). "Honolulu Prosecutor: Fatal shooting of Lindani Myeni justified; no charges will be filed against HPD officers". khon2. Retrieved 2021-10-09.
{{cite web}}: CS1 maint: url-status (link) - ^ a b Kelleher, Jennifer Sinco (2021-06-18). "Sharpton condemns Honolulu police shooting of Black man". Associated Press. Archived from the original on 2021-09-18. Retrieved 2021-09-18.
- ^ EDT, Khaleda Rahman On 7/1/21 at 10:59 AM (2021-07-01). "Fatal police shooting of Lindani Myeni was justified, Honolulu prosecutor says". Newsweek. Archived from the original on 2021-09-18. Retrieved 2021-09-19.
{{cite web}}: CS1 maint: numeric names: authors list (link) - ^ "Prosecutor: Honolulu police killing of Black man justified". AP NEWS. 2021-07-01. Archived from the original on 2021-09-05. Retrieved 2021-09-19.
- ^ "Honolulu Prosecutor: Officers Were Justified in Shooting Lindani Myeni in Self-Defense, No Charges". Hawai'i Public Radio. 2021-07-01. Archived from the original on 2021-09-19. Retrieved 2021-09-19.
- ^ Dowd, Eddie (2021-04-25). "O'ahu residents rally to show support for police". KITV. Archived from the original on 2021-04-26. Retrieved 2021-09-18.
- ^ Regchand, Sharika (May 3, 2021). "MEC Khoza slams Honolulu police over the killing of Lindani Myeni". News24. Retrieved 2021-10-09.
{{cite web}}: CS1 maint: url-status (link) - ^ Singh, Kaveel (May 6, 2021). "'I don't want to raise my kids in America, it's unsafe' - Lindsay Myeni wants SA citizenship". News24. Retrieved 2021-10-09.
{{cite web}}: CS1 maint: url-status (link) - ^ a b Seleka, Ntwaagae (May 10, 2021). "Lindani Myeni killing: KZN government vows to find justice for family of man gunned down in US". News24. Retrieved 2021-10-09.
{{cite web}}: CS1 maint: url-status (link) - ^ Capa, Siyamtanda (May 8, 2021). "KZN government won't rest till rugby player's killers are brought to book". News24. Retrieved 2021-10-09.
{{cite web}}: CS1 maint: url-status (link)
