Some Brun charges dismissed

  • Arthur Brun, arrest mug.

Felony charges of assault on a police officer and resisting arrest against County Councilmember Arthur Brun—originally filed by Kauai County authorities—have been dismissed, apparently because they were superseded by Brun’s federal indictment for running an island-wide methamphetamine ring.

The dismissals, which occurred on March 4, were confirmed by online court records and Brun’s attorney in the county matter, Shaylene Iseri. There is no practical change in Brun’s situation. He remains in custody in Honolulu after bail was denied last week following Brun’s entry of a not guilty plea in the federal case.

Meanwhile, a newly revealed motion in the county case provides additional detail of how—and perhaps why—police stopped Brun’s car last Oct. 29, the event that allegedly prompted Brun to flee the scene and was followed two weeks ago by his arrest pursuant to the 10-count federal indictment.

The details are contained in the motion filed by Kauanoe Jackson, a Hawaii County deputy prosecutor. Jackson was assigned the Brun case after Kauai County Prosecutor Justin Kollar recused his office and referred the prosecution to Hawaii Attorney General Clare Connors.

The new information emerged on Monday after The Garden Island searched court records for previously undisclosed detail on the case.

Also on Monday, Kauai County spokesperson Sarah Blane confirmed that Brun, who remains a member of the County Council, continues to draw his salary of $5,261.67 per month. Like all county employees, Brun gets his paycheck twice a month, she said.

County officials, including Mayor Derek S.K. Kawakami and County Council Chair Arryl Kaneshiro, have said that state law and the county charter make it impossible to remove Brun from the body unless he resigns or is convicted of a felony.

He could be impeached, but that process could only be initiated by a paper document petition physically signed by five percent of the county’s registered voters. The charter and state law make no provision for online petitions like one currently online at the website Monday afternoon, the site claimed that 1,685 people have “signed” the document, but it could not be determined how many of them are Kauai County residents or voters.

Jackson’s motion said that Brun was stopped on Rice Street in Lihue by KPD Lt. James Miller. After Brun pulled over, Miller told the councilmember that he had been stopped for having windows that were tinted too dark, the motion said.

Miller, according to the motion, asked Brun for his driver’s license, registration and proof of insurance. Brun provided the documents, the motion said. Miller, the motion said, then went to his car to retrieve a device to measure the density of the window tint.

As Miller did so, the motion said, a KPD canine officer who was nearby had his drug dog conduct a check of Brun’s car. Miller, according to Jackson’s motion, was informed by the handler that “there as an alert made on the vehicle.”

The motion said Brun became enraged and yelled at Miller: “You didn’t stop me for tint! This isn’t right!” Miller ordered Brun to turn off the engine in his car and, when Brun refused to do so, the motion said Miller reached in to turn the key himself.

It was at that moment, the motion said, that Brun put the car in “drive” and “floored the accelerator.” The car began to move before Miller could completely withdraw his arm and that the lieutenant was “still partially in the vehicle.” Miller’s shoulder was struck as Brun sped away, according to the motion.

At least two police units gave chase and caught up to Brun near the Kauai Beach Resort off Kuhio Highway.

According to the federal indictment, which was originally filed under seal on Feb. 13, as Brun sped away, he threw a bag containing about a pound of methamphetamines from his car. Police saw the throw occur and recovered the drugs, the indictment charges.

It was not clear why the original traffic stop was conducted by a lieutenant—a police rank that would not normally be involved in routine traffic enforcement. It was also not explained why a drug dog was at the scene immediately after Brun was pulled over. KPD declined to respond to questions about the incident.

A media database search indicated Miller has been assigned to the traffic safety, investigative services and internal affairs units of KPD at various times in his career.

The federal indictment, however, indicates that police and federal law enforcement agencies had Brun under surveillance from June, 2019, until the time of his arrest as they investigated Brun for his alleged involvement in the drug ring. Eleven people were charged in addition to the councilmember.

The indictment said that because Miller was working on the investigation with KPD’s federal partners, he was legally classified as a “Task Force Officer with a federal law enforcement agency.”

Iseri speculated that, because the federal charges of assault on a federal law enforcement officer involve the same traffic stop as the Kauai County indictment, prosecutors decided that the Kauai case no longer warranted expending court resources. The dismissals were entered “without prejudice,” meaning the two chargers could be refiled at the state level if Brun’s federal case fails.

The federal count carries a maximum sentence of 20 years imprisonment.

Jackson’s supervisor, Hawaii County Prosecutor Mitch Roth, declined on Monday to respond to questions about how the dismissal decision was made.

  1. My Two Cents March 10, 2020 6:45 am Reply

    We still pay this guy over 5 grand a month!?!
    Nice ..
    GOOD JOB!!!

  2. Lawaibob March 10, 2020 7:42 am Reply

    Innocent until proven guilty. BS. Keep this guy locked up.

  3. Debra Kekaualua March 10, 2020 7:56 am Reply

    This was not what “peace officers” do. This is purely a set-up fashion by the very guilty ones still involved, not yet exposed, with the guilty kealoha stolen mailbox Fraud. This is only the beginning and a lot of side-tracking has been adjusted and readjusted the criminality and fraud, but RICO has never attempted to shut down all of those involved and continuing to hide, for a little while more! Kauaians will not be surprised, when the rest of the hui has been taken into custody. Most of us know who is this hui, these groups or individuals and cartel related statanic types, that is going to be as shocking to some as is the bible’s ‘revelations’.

  4. sign where? March 10, 2020 9:22 am Reply

    He could be impeached, but that process could only be initiated by a paper document petition physically signed by five percent of the county’s registered voters.

    Has anyone started one? Where to sign?

  5. Joe Public March 10, 2020 9:28 am Reply

    Good Job!! Should be more to follow

  6. CommonSenseish March 10, 2020 12:35 pm Reply

    I can’t even read this whole thing… obviously he has people on the inside helping him. THIS IS WHO YOU VOTED FOR KAUAI…. Your hard earned money is going to this POS and all the other POS hiding behind their titles helping him. That’s how it is tho on Kauai, Yeah? This guy will get nothing but a mere slap on the wrists and guarantee he will STILL get votes in the next election.

    Obviously some rules need to be changed about County Council members. For him to still get a full pay check makes me physically ill. That is MESSED UP. If I got arrested and didn’t show up to work there is no way I would get a paycheck. How’s these County Council people?

  7. mina March 10, 2020 5:23 pm Reply

    Mr. Brun is still getting his salary and still a county councilman because more than likely, he’s got dirt on the mayor and every other council member. More than likely they are involved with his criminal activities to some degree. That’s how things roll on this island.

  8. debra kekaualua March 10, 2020 6:21 pm Reply

    Shine! Get em, Shay! Oh my! I know you know and between all of the last 30+ years and many different side-steppers, exactly paralleling all the Other power couple “guilty stolen mailbox”, yah?. This should be a no-brainer. Grand jury indictment Hawaii Island should pretty well nail the rumors of RICO throughout that exists. Innocent until proven otherwise. This storyline is right out of KPD Blue book. Only on Kauaʻi! Victims made criminals, without justice. There are many of us that were “recused” upon cold case knowledge, new book by Benish, The Fifth Seal! Paying Attention!

    1. Wailua March 11, 2020 2:03 pm Reply

      Whoa. Talk about taking conspiracy theories to another level. Got a lot goin on up there huh?

  9. Gardener March 10, 2020 9:20 pm Reply

    Once he is convicted every bill he has voted for is tainted with criminal, corruption. They will have to be redone.

  10. Pretty Simple March 11, 2020 8:41 am Reply

    The remaining county council NEEDS to initiate a charter amendment that will never let this kind of ridiculousness happen again!!!! Voting happens in November!! If we can get an impeachment (or felony conviction) before then, GREAT! But, we still need a charter amendment to make sure council-member misconduct has repercussions and, most importantly, negates a paycheck!!!

  11. jake March 11, 2020 9:11 am Reply

    Mr. Brun will walk away from this. His drug operation is making a lot of money for a lot of people in high places, and we don’t want to tamper with that. Corruption, cover-ups, favors, kick-backs are the general rule at any level of Hawaii government. Even the voters are in on it, because they knew Mr. Brun was a felon even before they filled out their ballots. Hey, he’s a good old boy, right? He “da kine,” right? Even though he makes you all look like third world thugs. The county council can, and MUST boot this character now. Yeah, he’s probably got a lot of information on you guys that could hurt your own drug ops and book cooking, but at least do it for the citizens of Kauai. And Mr. Mayor…oh, brother…are you EVER the wrong guy for that job with how you’re playing your cards on this creep.

    1. Wailua March 11, 2020 11:44 pm Reply

      No, he will NOT walk away from this. Many seem to forget there is more that just the KPD involved in this one. So even if these conspiracy theories were true about all the corruption happening here, the NSA, FBI, and the ATF are involved in this one and because he is an elected official the Feds are going to make an example out of him. He is screwed.

    2. Liza trinidad March 12, 2020 9:50 pm Reply

      I would like to see who among our council members has the gut to initiate a charter amendment to correct what is wrong.

  12. Wailua March 11, 2020 11:46 pm Reply

    No, he will NOT walk away from this. Many seem to forget there is more than just the KPD involved in this one. So even if these conspiracy theories were true about all the corruption happening here, the NSA, FBI, and the ATF are involved in this one and because he is an elected official the Feds are going to make an example out of him. He is screwed.

  13. Debra Kekaualua March 12, 2020 8:14 am Reply

    Our current mayor, Derek, stepped into an already loaded toilet. Our mayor is needing we the community people that “knows”, to assist him and several of those that have not yet been exposed as they traded their legacy to ring hells bells for eternity.

    On Kauai, in all of the hoods that boast successful hard working peoples, everyone in their cushy status of mortgagees, TVR, Religious cults, corporates real estate moguls and nonprofit federal fundings, billionaires, and many past administrations or their peoples that are still the bigger problem.

    There are thousands of “Guilty Kealoha stolen mailbox fraud” hui or individuals, cartel, and the others that play this dirty game. “They” too are responsible for the ongoing momentum that has turned Kauai into the “glory hole” Kealia kai, the Anehola fedwreckians, including past to present council members, mayors, military and hugely in the Judiciary.

    I had the great privilege of speaking with Mr. Green Esq., this last tuesday, as he prepped and is in support of a Kauai Case. Mr Green shared some very important info, on a cocopalms courtroom incident attack by bailiff and sheriff. So, more I have found out about that and all the judiciary movement to criminalize innocents, while the real perpetrators connive.

    One recently Ex-mayored tyrant, while on tour for a sister city in Portugal, tried to get a police commissioner to “steward” Salt Pond crown lands already “claimed” from the mess that these voter citizens are complicit. Then the YWCA/cok fundraiser invited two Homeless camp wahine to “steward” their saltpond and cocopalms homeless camps. All of these kinds of tricks are played and these same folks would do anything to keep us in “check”, political prisoner status with your new encircled gold star on an ID that we really aren’t needing to have, except usa is dead set against leaving these islands and want to place the 1.8 Billion dollar Ballistic missile tower at PMRF is the current maneuver. These folks are in active mode in killing their own ohana.

    Look towards the sky to see more evidence, Chem Trails, Kauai Chaff, Microwave via NASA, training out of PMRF that has the grounds in kekaha to hanapepe rolling in percussions while firing up killing machinery intercept missile that was once called “oops” by the HEMA hui.

    If Kauai was paying attention you would know who is and who is not RICO. It is all so obvious, you cannot fool or kak this messenger. Pay Attention was my mayors motto, as I was able to suggest. Alas, no one is or has been on-duty to take out known and working criminals that has turned this aina upsidedown and backwards. Ku kia’i aina!

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