The prosecutor's office took the case of Sgt. Darren Cachola to a grand jury to compel reluctant or uncooperative witnesses to testify under oath about what they saw, not to deflect criticism as was suggested. When the police investigation concluded there was insufficient evidence for charges due to a lack of victim cooperation and witnesses, the prosecutor utilized the grand jury's subpoena power to obtain witness testimony and all available evidence for an independent decision on whether a crime occurred.

1. Department of the Prosecuting Attorney
City and County of Honolulu
ALII PLACE
1060 RICHARDS STREET • HONOLULU, HAWAII 96813
PHONE: (808) 768-7400 • FAX: (808) 768-7515
October 9, 2014
MEDIA RELEASE
Statement from Prosecuting Attorney Keith M. Kaneshiro
It was suggested in news reports that the prosecutor’s office took the case of Sgt.
Darren Cachola to a grand jury as a way to deflect criticism for not charging him.
This is uninformed and wrong.
While grand jury proceedings are confidential and prosecutors cannot comment
on them unless an indictment is returned, it is important to set the record straight about
the reasoning behind the move.
When the investigation was turned over to our office, police said there was
insufficient evidence to support a charge.
HPD’s conclusion was based on these issues:
• Lack of a complaining witness, a victim willing to press charges and testify
in court.
• No physical injuries.
• No witnesses to the event willing to provide statements.
• The full surveillance videotape, which showed several physical
interactions before and after the brief clip distributed to media and could
possibly raise doubt about who the aggressor was.
But where police had exhausted their options at this point, prosecutors had one
more.
KEITH M. KANESHIRO
PROSECUTING ATTORNEY
ARMINA A. CHING
FIRST DEPUTY
PROSECUTING ATTORNEY

2. By issuing grand jury subpoenas to reluctant or uncooperative witnesses, we could
compel them to testify and tell the panel – under oath – exactly what they saw and
heard as the events on the videotape unfolded. Members of the grand jury also are
allowed to question the witnesses as well as police officers called to the scene and
detectives who follow up. All the available evidence can be offered for their
consideration.
The law does not prohibit presenting misdemeanor cases to the grand jury. The
presentation of every available witness and item of evidence is critical in deciding
whether a crime has occurred.
That is exactly what the prosecutor’s office did with an investigation that had stalled.
Taking the case to a grand jury wasn’t about looking for a way out. It was about finding
the most effective strategy to obtain and present all the facts and have an independent
decision made.