Friday, August 14, 2015

KPD Officer Faces Negligent Homicide Charge

Kauai Police Officer Irvin Magayanes was arrested yesterday on one count of negligent homicide in the second degree for the traffic death of Michael Sheehan Kocher Jr. last January.

Kocher, 19, reportedly was walking on Kaumualii Highway near Kaumakani when he was hit by a car at about 9:35 p.m. on Jan. 3, 2015. He was lying in the road, but alive, when a police car driven by Magayanes reportedly struck him again while responding to the call for help. Kauai police conducted an investigation and forwarded the results to Kauai Prosecutor Justin Kollar's office.

Kollar's office found probable cause that the serious injuries allegedly caused by Magayanes proved fatal to Kocher, a Hanapepe resident. They secured an arrest warrant that was signed by Judge Trudy Senda.

Magayanes was booked, with bail set by the court at $1,000. Kauai Police Chief Darryl Perry said he removed Magayanes' police powers and assigned him to administrative duties pending the outcome of his trial. He has been with KPD for two years and had no disciplinary actions or complaints against him.

Kocher's family had expressed dismay that months elapsed without knowing what was going on. Perry said he sympathized with the family; however, the investigation was complex and time-consuming. 

"The events of this tragic traffic collision, which led to the untimely death of Michael Kocher, Jr., lies heavily on the hearts of all KPD employees, and we extend our deepest sympathy to the Kocher ‘ohana," Perry said in a written statement.

Our hearts also go out to Officer Magayanes, whose every intention that night was to assist in an emergency.

 “I am confident that our department conducted a thorough and objective investigation, as we do with all of our cases, regardless of those involved."

Kudos to Justin for moving ahead, even though it isn't easy to pursue charges against a police officer, especially in a case like this. But it was only right, especially since the OPA has been aggressively prosecuting motor vehicle accidents that result in injuries and death.

Magayanes is the second KPD officer to face criminal charges this year. Sgt. Colin Nesbitt was charged with driving under the influence after he crashed his truck while off-duty. The Kauai OPA has referred that case to the state Attorney General to avoid any conflict of interest.

36 comments:

Anonymous said...

TVR and north shore violence and OPA is prosecuting car accidents?

Anonymous said...

This is unprecedented. Back maybe a few years ago there would be no mention of this and things would have been swept under the rug. The SGT Nesbitt OVUII would have never made the paper or even been mentioned.

The culture in KPD is slowly changing for the good.

Anonymous said...

Once again Joan scoops TGI.

Anonymous said...

@9:22. Yes. These were serious incidents. The OPA's job is not to pick and choose, but to pursue justice in EVERY case. (After a thorough investigation of course.) We still don't know what really transpired if by "north shore violence" you are referring to the pier incident.
Good job Justin. -Handling cases against a police officer definitely doesn't sound easy... even if it is the right thing to do.

Anonymous said...

Rumor mill says the reason they're charging Nesbitt this time is because it's his second OVUII. The first time he used his rank to intimidate the officer into letting him go.

Chuck Lasker said...

A sad tragedy for everyone involved. It's only right to treat the case the same as if the officer was a civilian. Joan - do you know, did this investigation take longer than civilian negligent homicide or manslaughter investigations normally do on Kauai?

Anonymous said...

Such a terrible tragedy for everyone involved. My condolences to parents and family.

I am surprised that you did not mention how dangerous it is to drive on Kauai after sundown. No Street Lights + body laying on ground + code red responding officer = dangerous situation.

I try everything I can to avoid driving after dark.

Anonymous said...

I'm sure the death of an innocent young man is far more important than some idiot harassing tourists. Good job Justin.

Joan Conrow said...

Chuck, Justin tells me it was pretty comparable, especially considering they were actually investigating two accidents.

Anonymous said...

I note that police are often more than worthless at accident sites. They seem to view their job as playing cowboy and discomfiting the public.,Seemingly seeing who can tie up traffic the longest. The woman and male who called in this accident not only made it exceedingly clear where the victim was and what his apprent condition was, but that she wanted an ambulance.
And let me also say the fire paramedics do a far better job of site management in accidents.
That being said, I do also feel sorry for the officer involved. I am sure he is haunted by this tradegy.

Allan Parachini said...

The prosecutor's office has done what appears to be the right thing, as tragic as it is for the victim, the victim's family, the officer, the officer's family and all of the KPD. From the moment it occurred, this matter has obviously involved deficiencies in training and supervision within KPD and the inordinate amount of time the investigation has taken kept the family from getting anything close to closure. But, in the end, the department and the prosecutor have done a commendable job that brings an element of justice to a truly unfortunate incident. I have no doubt that the officer had no intention to harm this victim, but police work requires the highest standards of judgment and alertness. This is, unfortunately, right right outcome.

Anonymous said...

shelly80811:10 PM, September 06, 2013
this is wrong what these cops did to this boy who has a baby. yes the boy had a gun or 2 but he did not fire any. and expecially to fire fifteen shots. geeesh the boy was dead already and shots was still being fired. totall uncalled for, straight up execution style. theres more to the story then people no, this boy new something about the cop that the cop did not want it to be exposed which would put the cop probally behind bars for a long time. and thats the main reason they killed the boy. come on wake up kauai and think, they shot the boy and kept shooting, they wanted to make sure the boy had no life left, the cops wanted this boy dead. and how the hell did the cop no this boy had guns on his lap when it was dark. this was all a set up some friends of ours had a scanner and we listened to the scanner that night and it sounded like they had a plan. it dont take 4 officers to do a routine check for criminal activity and there were 4 officers involved and what was said on the scanner was 2 officers were going to make a check at nawiliwili and then nothing else was said about that then a while later the next thing that we heard was officers calling all the officers on the island to get to lihue and then we heard the medics say they no see no life in him. come on now, they did not call for back up on the scanner. if the boy had 2 guns and he was flashing it around or even pointing it at the cops we would of heard them calling for back up on the scanner. but some how there were 4 officers involved and only 2 were suppose to be making the routine check. so we bilieve this was all a set up, as we no friends of the boy that got killed. and what these officers got was a 3 day leave. so corrupt these cops. if these cops were to get consequences for there actions, the same punishment we get when we break the law, tthen they would think twice before doing any thing wrong and if that was to happen then there would be less corruption on kauai because these cops would not want to spend years in prison. but cops dont get punished when they do the wrong things so they keep on doing corrupt things because they no they will get away with it. wake up kauai we had put an end into the super ferry from coming to kauai we can put a stop to the corruption in these cops.

Anonymous said...

What about Lauren Kagawa's unattended death case?

The OPA should reopen that case and treat it as a homicide.

She and her family and friends as well as the island of Kauai deserves JUSTICE and the OPA has to stand firm and let everyone on Kauai know that NO one person(s) is above the law no matter what.

Dawson said...

10:01 AM wrote:
Once again Joan scoops TGI.

Yep. Then again, every column in Kauai Eclectic scoops TGI in one manner or another.

It's all about journalistic ethics -- who has 'em and who doesn't.


Anonymous said...

Let's see they responded to a call about a man who had a gun. 4 cops responded to the call. The guy had guns in his lap in the dark. Then they shot an adult who had loaded weapons in a public park..... Wow this sounds like they were forced into a situation where the lives of the public and the officers were in danger. Sorry for your loss but the only conspiracy in this is why you can't see the wrong in his actions. Mahalo KPD.

Anonymous said...

11:10 - Sounds like "Hands Up; Don't Shoot" has come to Kauai.

Anonymous said...

Sure, treat police the same as citizens, but since when do car accidents with no DUI send people to prison? Only on Kauai. Drive to BigSave and accidentally hit something you go JAiL. What used to be called an accident is now called crime on Kauai.
Anyone who has ever had a car accident should be very afraid to drive on Kauai.

Anonymous said...

Shoot first then falsify report is more like it.

Ask the family of the 68 yr old man on the roof what happens even if you have no weapons.

Anonymous said...

I'll call your BS and raise you.

Anonymous said...

We all know that there is more than one side of a story.

We definitely know that you cannot believe almost anything KPD puts in their report.

An Unattended death/drug overdose report when the family can't even identify the badly beaten body of their relative.

Anonymous said...

Yeah just like the hundreds of thousands or millions of people who has had firearms in the presence of a police officer has never surrendered and given their firearms in a peaceful manner prior to being arrested, detained or shot and killed.

I believe that the officers involved did not follow proper procedures in responding to an armed suspect. Now if the dispatch records is true then there are circumstantial eveidence to warrant an idependent investigation. All police involved shooting should be reviewed by an outside investigative body to justify the shooting or have cause for wrongly death. The civil courts, attorneys and parties involved can figure the latter but the OPA and the FEDS should investigate all intricate details that was involved.

Anonymous said...

I forgot Kauai is full of conspiracies. Everyone is up to something no good. Everyone seems to be a victim living in paradise. Born and raised there and can't believe how ignorant and narrow minded some people are of good they actually have it.
Joan keep up the good work

Anonymous said...

"Our hearts also go out to Officer Magayanes, whose every intention that night was to assist in an emergency."

Huh? Why the criminal charge?

Anonymous said...

This is why Kauai vote in idiots and accept cronyism.

Ignorance

Anonymous said...

Another syndicate slave. Listen to your masters of the universe the Kauai Mafia and do as they say.

Anonymous said...

1:20 PM, one can be sorry for the tragedy both families are feeling, yet still apply the law. It's a criminal charge because the police officer caused a death due to his negligence, not intentionally. The same charge was made against the driver in Lihue who hit a woman in the Rice Street crosswalk. The first driver hit her, then stopped to render assistance. The second driver veered around the stopped vehicle and hit the woman a second time, killing her. The first driver caused harm, but the 2nd caused death and was charged with negligent homicide.

Anonymous said...

hundred bucks on a not guilty for the cop.
there goes shopo's endorsement.
making accidents into crimes is a bad idea.

Anonymous said...

You know what's a worse idea? Making charging decisions based on union endorsements. Especially for a union that's been wrong most of the time in the last bunch of elections.

Patricia Kocher said...

Thank you Kauai Eclectic for an unbiased place to communicate. The Garden Island edits editorials. Anyone ashamed to say their name is a full fledge member of the CSB and their words mean nothing.

Joan Conrow said...

You're welcome, Patricia. I'm so very sorry for your tragic loss.

Anonymous said...

10:29pm you are absolutely right. Thank you for saying that.

And why the hell is everyone so pissy about how long it takes to complete an investigation? There were 2 car accidents in this incident where a local person hit him first, THEN the police officer hit him. TWO ACCIDENTS had to be investigated not just one. Yall should be freakin grateful KPD did a thorough investigation and DOES thorough investigations for ALL the accidents that result in a death. Cut the crap about conspiracy this conspiracy that, the Prosecutor reviews the reports and determines the charge, which is what he did. Kudos!!The whole incident was a tragedy not only for the victim and his family, but for those involved in the accident as well. ALL THEIR LIVES WERE CHANGED THAT NIGHT REMEMBER THAT. NO ONE'S FAMILY IS HIGHER THAN THE OTHER IN ANY FATAL ACCIDENT, EVERYONE SUFFERS MENTALLY, EMOTIONALLY, FINANCIALLY, PHYSICALLY, ETC.

Anonymous said...

You people are a joke and as syndicate slaves you all are pitiful low life's.

Families more important than others? Well on Kauai it seems that way and all you have to do is ask what families trump others.

Obviously the Kauai Mafia familia believe that they are more important than any other family on Kauai and to have a serial killer still not captured and on the loose is a reason why you people don't get it.

7 months is a DISGRACE even worst than sitting in traffic for over 5 hours for an accident that the first responders can't figure out on how to properly fix.

Every year they have a disaster preparedness even and they can't even implement it on these 5 hour traffics jams. What do they learn? It's seems to me that it's a waste of time and tax payers monies to have this annual disaster preparedness training events when they don't learn anything.

Anonymous said...

Have you ever seen the show "First 48". Brah everything I watch that show I wonder how they solved the case in the 1 hour show when 48 hours or more had passed in that 1 hour.

How they do that?

Anonymous said...

haha ^^^^^^

2:00pm you're pathetic. who the fck uses the terms "kauai mafia familia"?!!! maybe you wouldve been more appeased if they just did the investigation in 1 month and royally fcked it over. Did you know we live on kauai? did you know that ALL blood test analysis have to be shipped out? Did you know that to get ANY analysis the evidence needs to be shipped. do you know how long it takes to get the evidence back analyzed???? so fck off, all you ass wipes need to get over how long an investigation takes. DO YOU NOT UNDERSTAND IF THE PROSECUTOR DOESNT HAVE ALL THE INFORMATION, THEY CAN'T MAKE A SOLID CASE AGAINST DEFENDANTS?????? probable cause??? and for that you need to make sure the evidence is solid? how the hell do you know the first accident wasnt the fatal accident to begin with? chill the fck out. whats done is done, kpd did their due diligence and so did the prosecutor. why the hell you all bitching about how long it took.

waaahh waaaah I had to sit in traffic for 5 hours. waaaah waaaahhhh what if that was your fckn family member that got hit, wouldn't you want to make sure ALL THE EVIDENCE is collected and all witnesses statements are taken down. you make like YOU ALL ARE THE EXPERTS IN EVIDENCE COLLECTION. bunch of ungrateful losers

Anonymous said...

While we are at it I heard on the news that a Fireman Kevin kaipo Perry killed a lady while driving July 7 in the tree tunnel ! After looking his record up we saw he has a pending Felony Family Abuse case pending on this guy! Wow come on Prosecutors put this guy and all the other to JUSTICE ! We pray for the victim that he killed & the women he beat up on . I sure hope people don't let this Monster kill or hurt any more. Please put this guy to justice

Anonymous said...

It didn't take them 7 months to arrest that guy. In fact it didn't even take them a week to file charges on that fishing dept fire watcher.