LIHU‘E — Le Beau Lagmay absorbed hits from three Taser electric stun-gun blasts before finally succumbing to a police request to put his hands behind his back during his arrest early Friday morning, the Kaua‘i Police Department officer who fired
LIHU‘E — Le Beau Lagmay absorbed hits from three Taser electric stun-gun blasts before finally succumbing to a police request to put his hands behind his back during his arrest early Friday morning, the Kaua‘i Police Department officer who fired the Taser said in court Wednesday.
Officer Eric Caspillo, at Lagmay’s preliminary hearing before 5th District Judge Trudy Senda at the Lihu‘e state courthouse, said the 26-year-old Kapa‘a man threatened to kill Caspillo and his family early Friday morning.
Caspillo also said Lagmay threatened him back in 2007, when Caspillo responded to an incident where Lagmay allegedly shattered a window with a gun shot.
Regarding the Friday incident, Caspillo said police had been watching Lagmay from a first reported incident with security guards near Duke’s Canoe Club at the Kaua‘i Marriott Resort & Beach Club, where Lagmay “appeared intoxicated.”
Caspillo said he and officer Paddy Ramson later pursued Lagmay after they observed him leaving the parking lot of the Lihu‘e 7-Eleven store on Kuhio Highway, burning rubber on the highway as he headed toward Hanama‘ulu, thereby committing the offense of exhibition of speed (for which he has not yet been charged).
With lights and sirens activated, the pursuit began, Lagmay failed to stop even though he had places where he could have stopped, but did not until he turned into the Wilcox Memorial Hospital parking lot, Caspillo said under questioning from county Deputy Prosecuting Attorney John Murphy.
Caspillo said Lagmay, a mixed martial arts fighter, drove into a parking stall, exited his vehicle, and faced Caspillo, his arms raised, elbows bent and palms facing Caspillo. Lagmay repeatedly asked why he was under arrest, Caspillo said.
When Caspillo ordered Lagmay to put his hands behind his back because he was under arrest for refusing an order to stop his vehicle, Lagmay refused despite Caspillo giving the order three times.
After that, Caspillo deployed his Taser, he said. Ramson and officer Marnie Fernandez tried to get Lagmay’s arms out from under him, but were unable to do so, and Caspillo “ran another cycle of the Taser,” and then another before Lagmay was able to be restrained and handcuffed, Caspillo said.
Caspillo then called medical professionals to look at Lagmay, said Caspillo.
KPD Deputy Chief Mark Begley said Friday wasn’t the first time KPD officers have used the device on an unruly suspect.
“The Taser has been used several times since we first issued them to our officers in 2008,” said Begley. “Not all of our officers have been issued the Taser. We have been purchasing and issuing them in increments, as our budget and training schedule allow.”
Each Taser with accessories costs about $1,400. The Taser is an electroshock weapon, or high-voltage stun gun, that uses electrical current to disrupt voluntary control of muscles.
“We have several KPD Taser instructors, all certified by the Taser company,” Begley said.
Each time the Taser is deployed, a video record of the event is created, said Caspillo, adding that officer Gilbert Asuncion was also taking video of portions of the arrest in progress. The Taser, Taser videos and Asuncion’s video were turned over to KPD internal affairs officers as evidence, Caspillo said.
State Deputy Public Defender Edmund Acoba, representing Lagmay, asked for copies of the videos, or at least the opportunity to view the videos, so Senda continued the preliminary hearing until Dec. 10 to allow Acoba to view the videos.
Murphy said he would work with KPD to get the videos for Acoba to view, and Acoba also asked for access to hospital security video if any exists. Senda said it is up to Acoba to approach hospital officials for such video.
Senda also reduced Lagmay’s bail from $147,000 to $30,100, the result of Lagmay’s 18 original charges being culled to six: three counts of first-degree terroristic threatening, and single counts of resisting arrest, operating a motor vehicle while under the influence of an intoxicant and having an open liquor container in a motor vehicle.
The reduced number of charges also reduced the number of felony counts from 11 to three, Senda said.
If Lagmay makes bail, Senda ordered him not to have any contact with Caspillo, Ramson or Asuncion.
“They are concerned” for their safety if Lagmay is released on bail, Murphy said of the officers after Lagmay’s threats.
Acoba said he might be able to produce evidence of a history of personal attacks by Ramson and Caspillo on Lagmay.
Lagmay, confined at Kaua‘i Community Correctional Center, wore an orange KCCC jumpsuit and had handcuffs and leg shackles on in Senda’s courtroom, with numerous family members and friends in the gallery. He also smiled frequently, and said only a few words during the brief proceeding.
Criminal history
In the past three years, Lagmay has been arrested at least three times for assault and other charges, according to KPD arrest records. The most notable was an incident at the Rotary Club Taste of Hawai‘i event at Smith’s Tropical Paradise in Wailua June 3, 2007.
Lagmay that day was arrested for two counts of first-degree assault on a police officer, second-degree terroristic threatening, resisting arrest and harassment. He was later found guilty by Watanabe, sentenced to 30 days in prison and a year of probation.
In the case where Lagmay shot out a window Lagmay was arrested Oct. 6., 2007 eventually was found guilty of one count of first-degree terroristic threatening and one count of second-degree reckless endangerment, and sentenced by 5th Circuit Judge Kathleen Watanabe to 60 days in prison (with credit for time served) and five years probation.
Lagmay was also arrested and charged with third-degree assault on June 23, 2008, and for second-degree assault on Sept. 20, 2009, KPD arrest records show. The third-degree assault case is scheduled for jury trial before Watanabe on Feb. 1, 2010.
On the winning side in an earlier court case, Lagmay reached an agreement through mediation in a 2007 case where Barbara Jean Ka‘auwai had sought a temporary restraining order against Lagmay, with the matter being dismissed with prejudice (meaning the matter could not be brought against him again).
Lagmay had another TRO dissolved in a 2008 case when plaintiff Chelsea L. Salud failed to appear in court, state court records show.
Lagmay was on the losing end of a TRO granted by 5th District Family Court Judge Calvin Murashige to Melissa Wailani Peahu, effective from August this year through Aug. 27, 2012.
Lagmay also was ordered by an O‘ahu state court judge to pay Jerry I. Wilson over $6,000 in a contract dispute, in a 2009 case, state court records show.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
