IN THE DISTRICT COURT OF THE FIRST CIRCUIT HONOLULU DIVISION STATE OF HAWAII DECLARATION IN SUPPORT OF COMPLAINT AND ISSUANCE OF WARRANTS OF ARREST OR SUMMONSES 1. Christopher 7. Van Marte, (herenafer “Declarant”, declare on information and Declarant is employed as a Deputy Prosecuting Aworney forthe City and County of Honolulu, and has been so empleyed since 1992. ‘The following materials were reviewed in this caso: (1) over 1,300 pages of police reports, including reports writen by police officers, evidence specialists, and criminalists, as well as writen and recorded witness statements, (2) 70 body wom camera (BWC) videos, (3) over 40, videos from cameras in the area surrounding the incident, (4) ambulance reports, (5) an autopsy sport, (6)911 and police radio reconings, (7) records relating 1 the “use of force” history of ‘he defendants, and (8) scene photes and evidence photos, as wel as other materials. ‘The following consists of a brief eummary of the materials, [Bared on the summary below, there is probable cause to believe that the criminal offenses of Murder in the Second Degree, in violation of Sections 707-701.5 snd 706-656 of the Hawaii Revised Statutes (“HRS”), and Attempted Murder in the Second Degree (two counts) in violation of Sections 705-500, 707-701.5, and 706-656, HRS, have been committed and thatthe offenders of said offenses have been identified as Geofiey HLL, Thom, Zackary K. Ah Nee, and Christopher J. Fredeluces1. Introduction In hor, the facts tending to establish probable cause for the charges set forth in the (Complaint are as follows: Geoffrey H.L. Thom (hereinafter “Defendant Thom”) did intentionally cx knowingly aso the death of remarbor Sykap by shooting remamberSykap eight timas ‘once in the back ofthe head, twice in the back of the nec, four times in the beck, and once ‘the left am; Zackary K. Ah Nee (hereinafter ‘Defendent Ah Nee”) did imestionally engage in conduct which, under the circumstances ws he believed them tobe, constiuted a substantial sip in the course of conduct intended or known to cause the death of Mark Sylap where Defendant Ah Nee fired a firearm multiple times, including firing a round through the back of the headrest ‘were Mark Sykap was ested in a car and by shooting Mark Sykap in the right shoulder, and Christopher J. Preeluces(hercinafter “Defendant Fredeluces” did intentionally engnge in conduct which, ander the cirsumstances ashe believed them tobe, constituted a substantial step in the couse of conduct intended or known to caus the death of iremamber Sykap where Defendant Fredeluees fred firearm discly at remamber Syhap's upper body from point-blank range. 1. Factual Backoround (On Apei 5, 2021, Defendant Thora committed the offense of Murder inthe Second Degree, and onthe same date and during the same incent,Defeadant Ab Nee aad Defendart Fredeluses each committed the offense of Attempted Murder inthe Second Degree. ‘The seene ofthe offenses is located at the intersection of Kalakaua Avenue and Philip Sue, in the City ard County of Honolul, State of Hawai On Apel 5, 2021, Defendant Thom, 42 years old, Defendant Ah Nee, 26 years old, and Defendant Fredeluces, 40 years old, were employed and on duty working as police officers.‘At about 4:42 ps that dey, Defendant Fredeluces and Defendant Thom were in a ‘marked patrol ca, identified by the number 1742, Defendant Fredeluces was the driver and ‘Defendant Thom was the front seat passenger. Defendant Ah Nee was alone in a marked patrol ‘car, identified by the number 1741. ‘At about 4:42 p.m., Defendants Thom, Fredeluces, and Ah Nee were sent to the area of ‘Kawaiicui Beach Park, which is located in East Honolulu along Kalanianaole Highway, east of ‘Wailupe Circle. The defendants were sent to the park because 2911 caller reported seeing a stolen white Honda atthe pack. ‘The white Honda had been reported stolen two days earlier -on April 3, 2021. The car ‘was allegedly connected to several offenses, including an armed robbery, a purse snatching, and theft | Shortly after arriving in the area ofthe park, officers spotted the white Honda driving out of the park and turing westbound on Kalanianacle Highway. Offices attempted 10 initiste a traflie stop, but the white Honda accolerated away from the area. AA vehicle pursuit was declared at452 pm. Defendants Thom and Fredeluces followed the white Honda and they attempted to siop the white Honda with their flashing blue lights and sien, as well as using their PA syster to give verbal commands forthe car to stop. The car did not stop, ‘The white Honde continued westbound on Kalanianaole Highway at a high rate of speed. Eventually, the white Honda reached the H-1 Freeway, still heading westbound. The pursuit continued on the H-1 Freeway ata high rate of speed. Defendants Thom, Fredeluces, and Ah Nee following the white Honda, as did other officers. To due none ofthe people who occupied the whit Honds on Api $, 2021 has been denied being Involved is thos alleged offenses. However. tht doesnot meas that they were not involved, 3‘The white Honda left the freeway using the Kapiolani Boulevard exit, and conned ‘westbound on Kapiolani Boulevard, Te white Honda eventually tumed off Kapiolani Boulevard, and the parsuit continued onside stests in the westerly direction, with officers right behind ‘The whit Honda made its way to Kalakaua Avenue. It tured onto Kalakaua Avenue ‘and drovein the Mauka direction again with officers righ behind. ‘A15:02 pm, the white Honda stoped in the intersection of Kalakaua Avenue and Philip Street Defendants Thom and Fredeluces stopped thei pairal vehicle on the driver's side ofthe ‘white Honda, Defendant Al Nee stopped in fon: of the white Honda, blocking the right lane of ‘Kalakaua Avenue andthe forward path of the white Honda, Officer Chane Price stopped behind the white Honda, There were two carson the passenger's sie ofthe white Honda — about 20 ‘fect away; they appeared tobe stopped a aed light ~waiing vo tr If off of Philip Set and heading in the Maka direction on Kalakaua Avenue, “There were no pedestrians to the fron or right ofthe waite Honda. The nearest pedsirian was about 40 ~ 50 feet behind the white Honda. The white Honda was faing away ‘rom that pedestian ‘When the white Honda came ta stop the font driver's side of the white Honda made ‘contact wit the right font bumper area ofthe pil car occupied by Defendants Thom and Fredeluces Its not clear whether eithor car deliberately hit the othr car, = opposed to both cars coming into conact just by eppensiance. In any event, the contact between thet cars ‘vas mnor—the paso car bad afew pst nicks ~ abou the size of evo quarters—andithad a fewblack seufimarks. The paint nicks and seufmarks were nea the right font bumper of the patrol car.‘Upon stopping their pauol car, Defendants Thom and Fredeluces got out, Asthey got cut, two passengers from the white Honda got out from the rear passenger's side door ofthe ‘white Honda and they started running from the area. Defendent Fredeluces gpt out ofthe driver’s ovat of his petrol car; he went around to the front of his patrol car, Then, he made his way to the driver's side of the white Honds, He was positioned on the driver's side of the white Honds, near the front wheel initially. ‘When Defendant Thom got out of the passenger's seat of the patrol car, an AR-15 rifle fell tothe ground. The white Honda was ebout 34 feet io the right. More specifically, the rear AGriver's-tide wheel of the white Honda was adjacent o the passenger's door of the patrol car. ‘As Defendant Thom was picking up the AR-1S rifle and putting it beck inthe patrol car, Defendant Ah Nos was getting out of his patol car and Oifice Price was getting out of her patrol car, Defendant Fredeluces was athe driver's side of the white Honda, giving commands to the four occupants ofthe car to “get out ofthe car.” Officer Fredeluces had dravm his firearm, and was pointing it atthe imeror of the white Honda, ‘The white Honde was not moving at that point ‘As Defendant Ah Nee ran around to the passenger's side ofthe white Honda, Defendant Thom pulled out his Sum Glock semi-automatic firearm. Office Prise moved toward the rar of Defendant Thom. “The white Honde had not moved more than afew inches since it originally stopped inthe right hand lane ofthe intersection 2 Those wo oscopant wore Joe stony afer ihe lice. They werent i te white Honda diag te stnong. One ef he occupant ras om the whe Henéa wil «Deg Toa xg as te found an searches (tout a warn) andthe polie found astrter’s piel. HPD's tears expert coteled tha tdi 2% Coasttue a frea. 3