Aug. 25 (UPI) — An ex-Maui police officer is facing the possibility of multiple years behind bars for unreasonable force after admitting he used a Taser on an arrestee who was not a threat.
Carlos Frate, a former member of Hawaii’s Maui Police Department, on Friday pleaded guilty to a single count of deploying unreasonable force after tasing a citizen during an arrest last year in January.
“Officers who abuse their position of authority to inflict excessive force must be held accountable,” stated Assistant U.S. Attorney General Harmeet Dhillon of DOJ’s Civil Rights Division.
Frate, 40, initially pleaded not guilty during his arraignment in federal court and was released on a $50,000 bond.
According to Frate’s plea agreement, he repeatedly tased an unidentified arrestee on January 6 despite no threat or resistance from the suspect.
“Our police officers are entrusted to protect our citizens and perform their duties professionally, and it is the norm here in Hawaii that our law enforcement officers faithfully serve and protect us,” Acting U.S. Attorney Ken Sorenson for the District of Hawaii said in a statement.
The case was based on an FBI referral by Maui police officials.
A 2020 report suggested that police officers subject to a previous civilian complaint — regardless if for excessive force, verbal abuse or unlawful searches — pose a higher risk of engaging in serious future misconduct.
On Monday, Justice Department officials pointed to how Frate admitted he knew force was unjustified but continued to tase the victim despite pleas to stop.
“In those rare instances where an officer abuses the public trust by using excessive force, that officer will be held accountable and prosecuted,” added Sorenson.
Frate faces a maximum penalty of 10 years in prison.
“We entrust our law enforcement officers with vast power and authority, and when they abuse it, they’re not just depriving victims of their civil rights, but they are also degrading the public’s trust in our criminal justice system,” commented David Porter, the FBI’s special agent in charge in Honolulu.
FBI officials in Washington said the bureau will investigate and hold accountable any person who violates federal law regardless of position.
A U.S. Supreme Court ruling in May made it easier for the public to legally challenge unwarranted and unreasonable force stemming from a deadly traffic-stop-gone-wrong in Texas.
The nation’s high court ruled that the totality of the circumstances and not just the “moment of threat doctrine” must be used to assess if the use of police force was “objectively reasonable.”
However, Frate’s final outcome will be based on federal advisory sentencing guidelines and “other statutory factors,” the Justice Department added.
Sorenson stated that his Hawaii office will “continue to safeguard the constitutional rights of all of Hawaii’s citizens, including individuals under arrest.”
Meanwhile, Frate will be sentenced on January 6 at a hearting presided by U.S. District Judge Micah W. J. Smith, an appointee of U.S. President Joe Biden.