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HONOLULU -- The family of a Hawaii woman killed in a crosswalk by an off-duty police officer is questioning the decision not to prosecute the officer.
Ok Nam Lee, 73, died in October 2005 when she was hit while crossing Ala Moana Boulevard. Police said she was apparently in the crosswalk, though the light may have changed while she crossed.
Members of her family are suing the city because they believe evidence that off-duty officer Bert DeMent was speeding was covered up.
“This has been three years later and it’s like they are treating him like he did nothing wrong, like he didn’t take the life of one of our family members,” said Shawn Baker, Lee’s granddaughter.
“The public should know that there is a double standard in this town,” said Lee family attorney Arthur Park.
He said investigators purposely underestimated the officer’s speed. But after he looked at the specific measurements and repeatedly questioned those investigators, he said they admitted the officer approached the intersection at no less than 50 mph.
Park said the police chief informed him two days ago that the new evidence of speed was still insufficient to prosecute. He said he’s seen civilians prosecuted for less dangerous driving.
“But if you are a policeman, you are going to go free. You’re not going to be prosecuted. You have a license to kill in this town, to kill pedestrians,” Park said.
Police called Park’s allegations irresponsible and insulting.
Prosecutors said they are still reviewing the case, but pointed out that criminal cases require evidence beyond a reasonable doubt. They also said that in crash investigations, speed alone may not mean the driver was negligent, especially if the pedestrian may have been partially at fault.
“We’ve never gotten an apology, our family, it’s so hard,” said Baker.“They don’t care about our family or what we’ve lost.”
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