
3/17/22 Combatting Illegal Fireworks
Season 2022 Episode 10 | 56m 45sVideo has Closed Captions
What can lawmakers and police do to combat the illegal fireworks problem in Hawaiʻi?
The illegal aerial fireworks that dominate Hawaiʻi skies each New Year's Eve have become a constant. In some areas, the booms start around Halloween and last through Chinese New Year. Thousands of complaints are filed every year, but what, if anything, can lawmakers and police do to combat the growing illegal fireworks problem?
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Insights on PBS Hawaiʻi is a local public television program presented by PBS Hawai'i

3/17/22 Combatting Illegal Fireworks
Season 2022 Episode 10 | 56m 45sVideo has Closed Captions
The illegal aerial fireworks that dominate Hawaiʻi skies each New Year's Eve have become a constant. In some areas, the booms start around Halloween and last through Chinese New Year. Thousands of complaints are filed every year, but what, if anything, can lawmakers and police do to combat the growing illegal fireworks problem?
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorship>> THE ILLEGAL AERIAL FIREWORKS THAT DOMINATE HAWAI'I'S SKIES HAVE BECOME A CONSTANT.
IN SOME AREAS THE BOOM STARTS AT HALLOWEEN AND LASTS THROUGH CHINESE NEW YEAR.
WITH DEMAND SO HIGH, SUPPLY ENDURING.
TONIGHT'S LIVE BROADCAST AND LIVE STREAM OF INSIGHTS ON PBS HAWAII START NOW.
∂∂ ∂∂ >> DARYL: ALOHA AND WELCOME TO INSIGHTS ON PBS HAWAI'I, I'M DARYL HUFF.
THE JARRING BOOMS CAN BE HEARD ON ANY GIVEN NIGHT IN HAWAI'I.
ILLEGAL FIREWORKS DISTURB THE PEACE AND HAVE A PARTICULARLY ADVERSE AFFECT ON THOSE SUFFERING FROM POST-TRAUMATIC STRESS DISORDERS, MEDICAL CONDITIONS, AND PETS.
EVERY YEAR FIREWORKS CAUSE PROPERTY DAMAGE AND INJURIES.
AND THE PROBLEM SEEMS TO BE ESCALATING.
THIS PAST NEW YEAR'S EVE PARAMEDICS RESPONDED TO 11 FIREWORKS-RELATED INJURIES, ALMOST DOUBLE THE AMOUNT FROM THE PREVIOUS YEAR.
THIS YEAR LAWMAKERS HAVE INTRODUCED SEVERAL BILLS AIMING TO CLAMP DOWN ON THESE AERIAL EXPLOSIVES.
SUGGESTED MEASURES INCLUDE STEEPER FINES, RANDOM INSPECTIONS OF SHIPPING CONTAINERS, CREATING A FIREWORKS TASK FORCE, AND USING UNDERCOVER POLICE OFFICERS TO TRY AND CATCH OFFENDERS.
IS THIS THE YEAR FOR A SOLUTION?
WE LOOK FORWARD TO YOUR PARTICIPATION IN TONIGHT'S SHOW.
YOU CAN EMAIL US OR CALL US WITH YOUR QUESTIONS.
WE ALSO ENCOURAGE YOU TO GET INVOLVED WITH THE CONVERSATION ON OUR FACEBOOK PAGE.
NOW, TO OUR GUESTS.
STATE SENATOR KARL RHOADS REPRESENTS DISTRICT 13, WHICH COVERS DOWNTOWN HONOLULU, CHINATOWN, PAUOA, AND NU'UANU.
THIS YEAR, HE PROPOSED A BILL CALLING FOR RANDOM INSPECTIONS OF SHIPPING CONTAINERS TO SEARCH FOR ILLEGAL FIREWORKS.
LARRY VERAY IS THE CHAIRPERSON OF THE PEARL CITY NEIGHBORHOOD BOARD.
HE IS A RETIRED U.S. NAVY MASTER CHIEF PETTY OFFICER AND HAS SERVED ON THE NEIGHBORHOOD BOARD FOR THE PAST 17 YEARS INCLUDING THE LAST FIVE YEARS AS CHAIR.
ALICIA MALUAFITI IS THE FOUNDER AND VOLUNTEER BOARD PRESIDENT OF POI DOGS & POPOKI.
SHE HAS BEEN INVOLVED IN ANIMAL RESCUE FOR ALMOST 30 YEARS, AND HAS PREVIOUSLY SERVED AS THE DIRECTOR OF COMMUNITY RELATIONS AT THE HAWAIIAN HUMANE SOCIETY.
MAJOR GAIL BECKLEY HAS BEEN AN HPD OFFICER FOR 30 YEARS AND IS CURRENTLY THE COMMANDER OF DISTRICT 8 WHICH RUNS FROM EWA BEACH TO KAENA POINT, COVERING THE ENTIRE LEEWARD COAST.
SHE HAS A MASTER'S DEGREE AND TWO BACHELOR'S DEGREES FROM THE UNIVERSITY OF HAWAI'I AT MANOA.
LET ME START WITH YOU, MAJOR.
IS IT YOUR PERCEPTION AT POLICE DEPARTMENT IT IS GETTING WORSE FROM YEAR TO YEAR?
>> YES.
THIS YEAR, IN MY DISTRICT, WE HAD FOUR INJURIES ON NEW YEAR'S EVE.
SOME OF THEM WERE VERY SEVERE.
PEOPLE, THEY GOT SERIOUSLY INJURED BY AERIALS THAT WENT OFF IN THEIR HANDS, EXPLODED IN THEIR FACE.
DEFINITELY.
>> DARYL: DO WE HAVE WAYS OF MEASURING WHAT'S GOING ON OR IS IT JUST INJURIES AT THIS POINT?
>> OUR CALLS FOR THE SERVICE AND ALSO THE INJURIES.
THIS YEAR, EVEN WITH THE RAIN THAT WE HAD, WE STILL HAD A LOT OF CALLS.
>> DARYL: LARRY VERAY, WHAT IS YOUR PERCEPTION IN PEARL CITY?
ALSO GOING UP?
>> I'VE BEEN TRACKING THIS FOR MANY YEARS.
MARK AND I WERE THE FIRST WRAPPED UP THE ORIGINAL RESOLUTION AND BILLS, FIREWORKS LAWS.
I'VE BEEN TRACKING THIS FOR YEARS.
35,000 RESIDENTS, I GET A LOT OF COMPLAINTS.
A FEW NIGHTS AGO, I JUMPED INCHES OFF THE BED.
IT WAS SO CLOSE AND SO LOUD AT 2:00 IN THE MORNING.
IT IS GETTING WORSE.
IT SEEMS LIKE THE DAYS OF THE NICE AERIAL FIREWORKS, WE SEE THE CLUSTERS, NOW WHO'S GOT THE LOUDEST, LOWER LEVEL AERIAL BOMB.
>> DARYL: AS A FORMER MILITARY MEMBER, DO YOU SEE IT AS PARTICULARLY HARMFUL, THOSE WHO MIGHT HAVE MILITARY EXPERIENCE THAT MIGHT HAVE TRAUMATIZED THEM IN THE PAST?
>> ABSOLUTELY.
I DON'T THINK I HAVE PTSD, BUT I RECALL RUNNING INTO THE BUNKER.
>> DARYL: ALICIA MALUAFITI WITH POI DOGS & POPOKI, WHAT PARTICULAR IMPACT DOES IT HAVE ON ANIMALS?
DO ANIMALS GET USED TO IN?
>> NO.
I SEE IT ON SOCIAL MEDIA.
SOME PEOPLE WHOSE DOGS OR CATS NOT IMPACTED BY THE BOMBS.
MY DOGS ARE FINE.
TRAIN THEM.
BRING THEM INSIDE.
SO SIMPLE FOR PEOPLE.
THEY LACK SYMPATHY.
I HAVE THE MOST SCARED DOGS, 110 POUND MASTIFF.
YOU GOT TO BE NERVOUS FOR DOGS.
YOU CAN'T PLAN TO SECURE THESE DOGS.
WHEN THEY GET OUT, THEY CAN DO A LOT OF DAMAGE.
I CALLED HPD ON FRIDAY NIGHT, FOUR HOUSES DOWN, I HAD 20 AERIALS AND BIG BOMB.
WHERE I LIVE IT'S GOING ON ALL TIME, NONSTOP.
>> DARYL: I DON'T MEAN TO STEREOTYPE.
I'M GUESSING A LOT OF PEOPLE FIRING OFF FIREWORKS HAVE ANIMALS, HAVE PETS.
>> ENTERTAINMENT IS TRUMPING SAFETY, HEALTH AND COMMUNITY PEACE.
IT'S JUST PEOPLE WHO ARE GETTING THEIR JOLLIES.
THERE'S A HUGE PARTY.
THIS IS PART OF THEIR LEGISLATION.
NEXT DOOR NEIGHBORS ALL HAVE DOGS.
THEY WERE PISSED OFF.
THEY'RE NOT CONCERNED ABOUT PEOPLE AROUND THEM AND PETS.
>> DARYL: SENATOR RHOADS, I HAVE TO READ YOU THIS QUESTION FROM DANIELLE.
I THINK YOU SHOULD RETITLE YOUR NAME OF THE SHOW, WHO WANTS TO FILE A CLASS ACTION LAWSUIT AGAINST STATE OF HAWAI'I.
OTHERWISE, THIS EPISODE SHOULD BE SHORT.
WHAT ARE LAWMAKERS GOING TO DO?
THERE'S A SHORT AND EASY ANSWER.
NOTHING.
[LAUGHTER] SO -- >> COULDN'T DISAGREE MORE.
IN MY YEARS ON THE LEGISLATURE, I DON'T KNOW, IN MY YEARS AS LEGISLATURE, I DON'T THINK I'VE SEEN SO MANY LAWS INTRODUCED.
FOR MYSELF AND EVERYBODY, WE'RE SEEING THE SAME THING THAT OTHER PANELISTS ARE SEEING, WHICH IS AN INCREASE IN BOTH IN AERIALS AND EXPLOSIONS ON THE GROUND.
I THINK IT'S FAIR TO SAY IN THE LAST SIX MONTHS, I'VE GOTTEN MORE FIREWORKS COMPLAINTS THAN ANY KIND OF COMPLAINTS.
EVEN DURING THE COVID PANDEMIC.
>> DARYL: CAN YOU TELL ME WHAT THINGS HAVE BEEN TRIED BEFORE?
I REMEMBER COVERING PAST EFFORTS.
WHAT'S BEEN TRIED THAT HASN'T WORKED THAT YOU'RE AWARE OF?
>> WELL, IT'S ALREADY A MISDEMEANOR OR FELONY IF THE POUNDAGE IS BIG ENOUGH.
A MISDEMEANOR IS UP TO A YEAR IN JAIL.
CLASS C FELONY FIVE YEARS IN JAIL.
THE REASON IT DOESN'T PHASE THEM, RULE OF THUMB IN CRIMINAL LAW, NOT THE PENALTY THAT DETERS PEOPLE, IT'S WHETHER THEY THINK THEY'RE GOING TO GET CAUGHT.
WHEN YOU SEE HUNDREDS OF THESE THINGS GOING OFF, THEY DON'T KNOW ANYBODY WHO'S BEEN CAUGHT, THEY TEND TO DISCOUNT THE PENALTY.
THAT'S BEEN TRIED.
THERE ARE BILLS THAT WOULD FURTHER INCREASE THE PENALTY.
THE OTHER THING, RECENTLY WE PASSED A BILL, I THINK IN 2019 BEFORE THE PANDEMIC THAT MADE IT SO -- THERE WAS LIABILITY FOR LANDOWNER FOR PEOPLE LETTING PEOPLE BLOW STUFF OFF.
I WAS HOPEFUL THAT WOULD BE A PRETTY GOOD DETERRENT.
AS FAR AS I CAN TELL, IT HASN'T MADE MUCH DIFFERENCE.
>> DARYL: THAT WOULD REQUIRE NEIGHBOR GOING AGAINST NEIGHBOR.
MAJOR, YOU TALK TO PEOPLE.
YOU SEE PEOPLE WHO YOU BELIEVE MAY HAVE FIRED OFF.
ARE NEIGHBORS NOT WILLING OR AFRAID TO TURN IN THEIR NEIGHBORS?
>> THAT'S A BIG ISSUE.
I DID LOOK THAT UP.
NEIGHBOR WAS CITED FOR THAT BECAUSE THE RENTER WAS CITED FOR THAT.
AND I DON'T KNOW WHAT THE DISPOSITION IS.
I TRIED LOOKING IT UP, BUT I DIDN'T HAVE ANY LUCK.
THAT SEEMS TO BE EASIER, IT'S COMING FROM THIS ADDRESS.
OFFICERS CAN CITE.
FIND OUT WHO THE RENTER OR OWNER IS AND CITE.
I DON'T KNOW WHAT THE DISPOSITION IS.
WHAT'S HAPPENING TO THESE TICKETS.
MAYBE WE WOULD HAVE HAD PROSECUTORS OR SOME REPRESENTATIVE TALK ABOUT THE STATS OF THAT BECAUSE WE'RE ISSUING TICKETS.
WHAT'S HAPPENING WITH THAT?
WE HAD TWO FELONY ARRESTS THIS YEAR.
IT WAS A FELONY CASE, I DID CHECK UP ON THE STATUS OF THAT.
IT HASN'T BEEN CONFERRED WITH THE PROSECUTORS.
THEY'RE SO BACKLOGGED, AND CONFERRAL DATE IS NOT UNTIL JULY.
I COULDN'T GIVE YOU A DISPOSITION ON AN ARREST MADE IN DECEMBER.
>> DARYL: A WHOLE OTHER ISSUE.
>> I WISH WE WOULD HAVE HAD THAT REPRESENTATION HERE.
WE'RE MAKING ARRESTS, WE'RE HANDING OUT CITATIONS BUT WHAT'S HAPPENING.
>> DARYL: WORTH LOOKING INTO IT.
ALICIA, YOU WANT TO SAY SOMETHING?
>> I WANTED TO COMMENT ON 2019, COMMENT BY THE VIEWER.
THE LEGISLATURE AND SENATOR RHOADS DID PASS THAT BILL IN 2019.
THAT WAS THE FIRST TIME WHERE HPD CAME TO THE TABLE BEFORE SESSION, AND HPD RECOMMENDED THIS BILL, WHICH WOULD HOLD EITHER THE TENANT, LESSEE OR LANDLORD LIABLE FOR ANYTHING COMING OFF THEIR PROPERTY.
IT DOES REQUIRE A NEIGHBOR TO REPORT THEM.
YOU CAN USE VIDEO, YOU CAN USE DRONE, PHOTOS OR BE AN EYEWITNESS.
I HAVE REPORTED THAT MULTIPLE TIMES.
I'D SAY AT LEAST FIVE TIMES ASKING HPD TO CITE.
I WILL TESTIFY, I WILL BE A WITNESS.
THAT ENTIRE BILL, AND MAJOR PROBABLY KNOWS THIS, WAS FRAMED AROUND THE DRINKING LIQUOR LAW.
IF YOU SERVE LIQUOR AT YOUR HOME, YOU'RE RESPONSIBLE IF SOMEONE LEAVES AND IS DRUNK.
YOU'RE LIABLE.
THAT'S HPD CAME UP WITH THE PREMISE FOR THAT LEGISLATION, AND IT PASSED.
>> DARYL: MAJOR, YOU WANTED TO SAY SOMETHING?
>> YEAH, I DID WANT TO SAY BECAUSE I DID LOOK UP THE CITATIONS.
ALICIA WAS COMPLAINING IN SEVERAL.
IF YOU WERE CALLED AS A WITNESS, I DON'T KNOW WHAT THE DISPOSITION OF THOSE CASES OR WHAT HAPPENED WITH THOSE CASES.
THAT IS A PROBLEM.
PEOPLE DON'T WANT TO GET INVOLVED.
I DON'T KNOW IF THEY THINK THIS IS A VICTIMLESS CRIME.
I'M A DOG LOVER.
A COMBAT VET THAT WENT TO AFGHANISTAN.
I UNDERSTAND WHAT YOU'RE TALKING ABOUT.
THE PROBLEMS FACED, BUT PEOPLE DON'T WANT TO GET INVOLVED.
THEY DON'T WANT TO BE THE WITNESS.
THEY DON'T WANT TO BE THE WITNESS AGAINST THE NEIGHBOR OR PEOPLE THEY SEE IN THEIR COMMUNITY.
WHAT WE STILL HAVE PEOPLE THAT COME FORWARD.
>> DARYL: THANK YOU.
THANKS, MAJOR, FOR YOUR SERVICE TO THIS COMMUNITY.
KARL RHOADS, HAVE YOU HAD THE OPPORTUNITY TO ASK WHAT'S HAPPENING WITH THE OUTCOMES WITH THE BILLS YOU TRIED IN THE PAST?
>> THE APPROACH WE'RE TAKING IS DOESN'T SEEM TO BE WORKING.
WE NEED TO THINK ABOUT OTHER THINGS.
SO THE THINGS THAT ARE -- A COUPLE OF IDEAS STILL IN PLACE.
ONE HAS A LOWER GRADE PENALTY THAT YOU DON'T HAVE TO GO THROUGH THE RIGAMAROLE WHERE YOU CHARGE SOMEONE WITH A REAL CRIME.
YEAH, IT WOULD BE STILL BE HELPFUL TO HAVE WITNESSES.
NO CRIMES ARE SELF-ENFORCING.
POLICE ALWAYS NEED WITNESSES.
SOMETIMES WITNESSES CAN BE THEMSELVES.
ALMOST ALL CRIMES, THERE'S SOMEBODY ELSE INVOLVED THAT GOES TO COURT AND TESTIFIES.
THE IDEA THAT SOMEHOW IT'S GOING TO BE SELF-ENFORCING WHAT PEOPLE ARE THINKING THERE.
HAVING A LOWER LEVEL CRIME WILL BE USEFUL.
WHEN AN OFFICER SEES SOMETHING, DO SOMETHING.
THEY CAN WRITE A TICKET LIKE THEY DO FOR A TRAFFIC TICKET.
EASIER ADJUDICATE.
I'M SORRY, GO AHEAD.
>> DARYL: LARRY, WHAT HAVE YOU SEEN IN TERMS OF PEOPLE'S WILLINGNESS TO ENFORCE?
YOU MENTIONED THAT YOUR CONDO ASSOCIATION MANAGED TO KEEP IT OFF THEIR PROPERTY.
DO YOU THINK SINCE THERE IS THIS LIABILITY ASSOCIATED WITH HAVING FIREWORKS ON YOUR PROPERTY, THAT WOULD AFFECT THE CONDO ASSOCIATION?.
IS THAT THE BASIS ON WHICH YOU'RE ABLE TO ENFORCE THAT ON YOUR RESIDENTS?
>> YES.
ONE OF THE THINGS WE DID IN PEARL CITY IS THAT WE HAD ON BOARD OF DIRECTORS REWRITE THE BYLAWS SO WE COULD MANDATE ANY TYPE OF FINE WHEN ASSOCIATED WITH THE HEALTH, SAFETY AND WELFARE OF OUR HOMEOWNERS AND RESIDENTIAL.
IT GAVE US THE HAMMER TO ENFORCE ON NEW YEARS AND FORTH OF JULY OR ANY TIME.
NO FIREWORKS ON THIS PROPERTY WHATSOEVER.
WE'VE HAD GOOD CONTROL.
THAT'S BEEN IN EFFECT ALMOST TEN YEARS.
AND WE'VE ONLY HAD ONE CASE, AND THE BOARD DROPPED THE FINE BECAUSE IT WASN'T A MAJOR ISSUE.
BUT I DID WANT TO MENTION IS THAT THE PEARL CITY NEIGHBORHOOD BOARD, WE PASSED A RESOLUTION ON ILLEGAL AERIAL FIREWORKS ON THE 25TH OF JANUARY THIS YEAR, AND WHAT IT IS, IS ASKING THE HAWAI'I CONGRESSIONAL LEGISLATIVE REPRESENTATIVES TO ASK THE FEDERAL GOVERNMENT FOR THE HELP BECAUSE IF YOU TAKE A LOOK AT THIS, A LOT OF THINGS GO AWAY IF YOU CAN INTERCEPT THE FIREWORKS BEFORE THEY GET TO HAWAI'I.
>> DARYL: I WANTED TO ASK MAJOR, WHAT DO YOU THINK WOULD WORK AT THE STREET LEVEL ENFORCEMENT?
SENATOR RHOADS MENTIONED BEING ABLE TO WRITE A CITATION.
IF PROPERTY OWNERS CAN BE HELD LIABLE, CAN YOU WRITE A TICKET ON THE PROPERTY OWNER?
EVEN THOUGH EVERYBODY RUNS IN THE HOUSE, CAN YOU WRITE A TICKET ON THE PROPERTY OWNER?
FOR EXAMPLE, I LIVE IN MAKAKILO, THERE'S A COUPLE COMMUNITY ASSOCIATIONS THAT HAS RULES THAT LARRY IS TALKING ABOUT.
COULD YOU GO UP AND SAY, THERE WERE FIREWORKS ON YOUR PROPERTY.
HERE'S THE CITATION AND HOPE THEY GO AFTER THE RESIDENT?
STUFF LIKE THAT BEEN TALKED ABOUT?
IS THAT POSSIBLE?
>> NOT FOR THE ASSOCIATION.
FOR THE RENTER OR HOMEOWNER.
NOT FOR THE EXAMPLE YOU GAVE, NO.
>> DARYL: I DO HAVE -- THERE'S SO MANY QUESTIONS ABOUT THE DOCKS.
NOT EVEN TO TRY TO READ ALL OF THEM WOULD TAKE ME A LONG TIME.
LARRY, DAVID, FACEBOOK, WHY ARE THE PEOPLE AT PORTS, PEOPLE WITH LEGAL PERMITS WITH FIREWORKS NOT INVESTIGATED?
I BELIEVE THERE ARE A LOT OF CORRUPTION AT PORTS.
MARY, I'M DISGUSTED WITH LAW ENFORCEMENT TO MONITOR THE DOCKS.
TEN YEARS AGO, STARTING PAY FOR DOCKWORKER WAS $200.
I DON'T THINK THAT'S QUITE ACCURATE.
MAJOR, WHERE IS THE ENFORCEMENT JURISDICTION, PLAYING FIELD WHEN IT COMES TO DOCKS?
>> WE DON'T ENFORCE THE DOCKS.
WE'RE A LOCAL ENFORCEMENT FOR CITY AND COUNTY OF HONOLULU.
THAT WOULD BE THE JURISDICTION OF THE HARBOR OR EVEN THE FEDS.
BORDERS.
CUSTOMS.
WOULDN'T BE HONOLULU POLICE DEPARTMENT.
>> DARYL: IS THAT SOMETHING THAT LOCAL LAW COULD CHANGE, SENATOR RHOADS?
SOMETHING YOU COULD LEGISLATE?
>> MY PROPOSAL WOULD HAVE SNIFFING DOG.
THEY COULD BE TRAINED TO SMELL FIREWORKS.
IDEA WAS TO PULL THE SHIPPING CONTAINER OFF THE DOCK AND INTO A PLACE WHERE YOU COULD OPEN IT.
AS A GENERAL RULE, NEITHER THE STEVEDORES NOR SHIPPING COMPANIES OPEN THE CONTAINERS.
SOMEBODY WHO ORDERED IT, THEY TAKE IT TO THEM, AND THEY OPEN IT.
USE AN EXAMPLE, SAFEWAY.
THEY GET A CONTAINER LOAD OF STUFF AND TAKE IT TO THEIR STORE AND OPEN IT.
STEVEDORES AND MATSON OR PASHA OR WHOEVER DON'T OPEN THEM.
I'M NOT SURE, THAT PART OF IT DEPENDS ON WHERE IT'S COMING FROM.
MY UNDERSTANDING MOST OF HAWAI'I THAT COME TO HAWAI'I GOES TO THE WEST COAST AND COME BACK.
IF IT COMES FROM ANOTHER COUNTRY -- I LOST TRACK OF NAMES OF THE AGENCIES, BUT ONES COMING FROM THE WEST COAST, THAT'S INTERNAL TO THE UNITED STATES.
THEY DON'T GET SAME SORT OF INSPECTION AS OVERSEAS.
I PROPOSED WHAT I PROPOSE.
IF WE HAVE A WAY TO CHECK AND SEE IF THERE'S FIREWORKS.
TAKE THEM AND OPEN THEM UP.
COULD BE LEGAL OR COULD BE ILLEGAL MIXED WITH LEGAL.
OR IT COULD BE ALL ILLEGAL.
YOU'VE GOT TO HAVE A REASON TO OPEN THEM.
>> DARYL: THE AIRPORT, THOSE DOGS WALK BETWEEN PEOPLE BEFORE THEY GO TO TSA.
WHEN THE CONTAINER IS BROUGHT OUT OF THE YARD, DOGS COULD BE AROUND THE EXIT.
ALMOST EVERYBODY WOULD GET A SNIFF.
WHAT DO YOU -- ALICIA AND LARRY, WHAT DO YOU THINK OF ENFORCEMENT AT THE DOCKS?
WHAT DO YOU KNOW AND WHAT DO YOU THINK?
ALICIA, YOU FIRST.
>> I WORK WITH THE STATE DEPARTMENT OF AG, AND THEY ARE TASKED WITH A LOT OF INSPECTIONS.
TALK ABOUT SHORTHANDED AT POLICE DEPARTMENT.
DEPARTMENT OF AG IS SHORT STAFFED.
WE WOULD LOVE TO SEE ENFORCEMENT AT THE DOCKS.
THAT'S WHERE IT'S COMING IN.
I LOVE THE IDEA OF DOGS.
USING THEM FOR THIS WORK.
I THINK THERE WAS A BILL BUT IT DIED.
I THINK SOME ILLEGALS ARE COMING IN ON BIG CONTAINERS BY THE PYROTECHNIC GUYS.
THEY GET IT HERE.
DOLING OUT ILLEGALS.
AND MAYBE THERE NEEDS TO BE SOME FINES OR ADDITIONAL PERMIT FEES FOR THESE SORT OF BIG TIME GUYS BRINGING STUFF IN.
HOLD THEM MORE ACCOUNTABLE.
I'M NOT SAYING THEY'RE THE ONLY ONES.
EASY FOR THEM TO BRING THIS IN.
I WOULD BE INTERESTED IN KNOWING WHO'S CHECKING THEIR SUPPLIES BEING ORDERED?
>> DARYL: LARRY?
>> I PERSONALLY BELIEVE THAT IT'S OVERWHELMING TO TRY TO DO INSPECTIONS HERE, AS SENATOR RHOADS SAID PREVIOUSLY.
THERE'S THOUSANDS OF CONTAINERS COMING IN.
THEY CAN'T INSPECT THEM ALL.
MOST EFFICIENT WAY, FOLLOW THE MONEY.
FOLLOW THE FIREWORKS.
THEY'RE MANUFACTURED IN THE SHANGHAI RIVER.
LOADED ON MERCHANT SHIPS.
DECLARED EXPLOSIVES, THEY GO TO LOS ANGELES.
THEY'RE REPACKED.
I CALL THEM TROJAN HORSE CONTAINERS.
THREE-QUARTERS IS ILLEGAL.
PRIORITY HIGH PROPERTY GOOD.
WHEN YOU THINK ABOUT IT, YOU NOTICE THAT NEW YEARS ALWAYS PEOPLE THAT BOUGHT PERMITS, ILLEGAL FIREWORKS, NONE WERE LATE.
FIREWORKS ARE HERE.
I THINK IT'S MORE EFFICIENT FOR FEDS TO TAKE THIS THING ON.
THEY HAVE THE CAPABILITY TO NARROW THE SHIPMENTS, CONTAINERS AND INTERDICTS BEFORE IT GETS TO HAWAI'I.
IF YOU DO THAT, LOOK AT ALL THE THINGS WE'RE TRYING TO DO.
IT WILL GO AWAY.
FEDS HAVE THE FOLLOWING TO BE ABLE TO REALLY NIP THIS IN THE BUTT.
BECAUSE OF ORGANIZED CRIME AND CORRUPTION, FBI.
>> DARYL: GAIL BECKLEY, LET ME GO BACK TO THE DOGS.
I'M SURE AT YOUR TIME AT HPD, YOU DEALT WITH SPECIALLY TRAINED CANINES.
DO YOU THINK THAT COULD WORK?
RANDOM CHECK?
OR AS LARRY'S DESCRIBED, EVERYTHING'S CO-MINGLED SO THE EFFORT THAT WOULD TAKE TO CATCH A SIGNIFICANT AMOUNT MIGHT BE TOO HIGH?
WHAT DO YOU THINK ABOUT THAT USE OF CANINES?
>> YEAH.
I AGREE WITH LARRY.
IT'S TOO MANY CONTAINERS.
WE HAVE SOME CANINE DOGS THAT WE DO USE, BUT THAT'S MORE LIKE GOING AFTER THE CRIMINALS.
FOR EXAMPLE, IF WE'RE LOOKING FOR SOMEBODY THAT RAN FROM SCENE.
WE DON'T HAVE THOSE DOGS THAT CAN DETECT THE SPECIFIC FIREWORKS.
AND WE'RE GOING TO BE GOING AFTER THEM.
WE DON'T DO THAT.
>> DARYL: MAJOR, ANOTHER QUESTION PRETTY MUCH ON POINT FOR THE POLICE DEPARTMENT.
FROM RICHARD, CLEARLY HUNDREDS, IF NOT THOUSANDS OF HAWAI'I RESIDENTS KNOW HOW TO OBTAIN ILLEGAL FIREWORKS.
IF AVERAGE CITIZENS KNOW, WHY CAN'T POLICE DETERMINE WHO'S DEALING THESE MATERIALS AND CONFISCATE?
HE'S SORT OF SUGGESTING MAYBE POLICE ENJOY FIREWORKS.
THAT'S A SUGGESTION.
I'M NOT SUGGESTING THAT.
WHAT ABOUT UNDERCOVERS IDENTIFYING SOURCES LIKE YOU DO WITH DRUG DEALERS?
>> WE DID HAVE A COUPLE OF BUSTS.
BUT I WISH I COULD GIVE YOU AN OUTCOME.
WE HAD A COUPLE.
WE DID SUCCESSFULLY ARREST.
MAKE A COUPLE ARRESTS THIS YEAR.
I WISH I COULD GIVE YOU THE OUTCOME OF THE CASES.
I'M CURIOUS.
I'VE BEEN IN THE CRIMINAL INVESTIGATIVE DIVISION FOR OVER TEN YEARS, AND I DON'T THINK WE EVER HAD A SUCCESSFUL PROSECUTION FOR FELONY FIREWORKS.
I TRIED TO DO SOME RESEARCH, AND I COULDN'T FIND ANYTHING.
I WISH WE WOULD HAVE HAD REPRESENTATION IF THERE'S PROSECUTION.
>> DARYL: LARRY?
>> AS FAR AS USING HPD FOR UNDERCOVER, IN OUR RESOLUTION, WE HAD ONE OF THE THREE WAYS WE WANTED TO GO AFTER IT, GO AFTER WAREHOUSING.
WHAT CONCERNS ME IS PEARL CITY.
WE DON'T KNOW WHERE FIREWORKS ARE BEING STORED.
WE HAVE AN IDEA RESIDENTIAL HOMES.
GARAGES.
WE'VE SEEN ON TV, NEIGHBORHOODS BLOWING UP.
WE HAVEN'T HAD THAT YET, BUT IT'S PROBABLY COMING.
AS MANY FIREWORKS OUT THERE, WE'RE GOING TO HAVE LOSS OF LIFE.
I HATE TO SEE PEOPLE LOSE THEIR LIFE ON PROPERTY.
>> DARYL: ALICIA?
>> THE CORE OF WHY I'M NOT REALLY NERVOUS ABOUT REPORTING MY NEIGHBORS, I KNOW WHO THEY ARE.
THEY'RE THE SAME ONE ONES BUYING THE FIRE CRACKER PERMIT.
EVERY YEAR SAME HOME, SAME PARTY, SAME ILLEGALS.
WE HAVE ALL THIS.
ON FRIDAY NIGHT, THESE THINGS ARE FLYING OVER MY PROPERTY.
THIS MAKES MY NERVOUS.
NOT JUST MY ANIMALS.
SAFETY AND HEALTH OF MY PROPERTY.
THAT HAS TO BE MOTIVATION FOR WHY PEOPLE NEED TO STEP UP AND COME TOGETHER AND REPORT THE PEOPLE WHO ARE SETTING THIS STUFF OFF.
IT IS WHERE IT'S HAPPENING.
I WILL SUGGEST, A LOT OF PEOPLE DON'T WANT TO REPORT THEIR NEIGHBORS.
THEY NEED AN ANONYMOUS WAY TO REPORT THEM.
I'M SO SICK OF IT THAT I'M NOT SCARED TO REPORT MY NEIGHBORS ANYMORE.
>> DARYL: MAJOR, GO AHEAD.
>> THAT BECOME PROBLEMATIC BECAUSE YOU UNDERSTAND THE LEGAL SYSTEM, HOW IT WORKS.
WE HAD TO MAKE SOME POSITIVE I.D.
IN ORDER TO CITE OR MAKE AN ARREST.
THAT BECOME PROBLEMATIC WHEN WE'RE RELYING ON ANONYMOUS WAY OF REPORTING.
WE HAVE TO FOLLOW RULES, WHAT THE PROSECUTOR NEEDS AND COURTS NEED.
WE NEED THE COMMUNITY MORE INVOLVED, WE DO ENCOURAGE THAT.
IT BECOME PROBLEMATIC WHEN WE'RE DOING IT ANONYMOUSLY.
OR EVEN VIDEOS OR PHOTOS THAT ARE ANONYMOUS.
THERE'S A CERTAIN WAY WE HAVE TO PROCESS THE EVIDENCE AND SUBMIT IT TO COURT.
A LOT OF PEOPLE DON'T UNDERSTAND THAT, BUT THERE'S A PROCESS WE HAVE TO GO THROUGH.
>> DARYL: SENATOR RHOADS THAT'S ONE OF THE THINGS THAT GETS CONFUSING.
YOU'RE SUGGESTING THEY MAKE IT A LOWER LEVEL CITATION SO YOU DON'T QUITE HAVE TO HAVE THAT LEVEL OF PROOF.
MAYBE DECRIMINALIZE IT LIKE TRAFFIC TICKETS.
SOMEBODY GOES, HE'S TRYING TO REDUCE THE PENALTY.
SOMETHING THAT THE PUBLIC STRUGGLES TO UNDERSTAND.
>> YOU STILL HAVE TO HAVE SOME PROOF.
IT'S NOT AS HIGH.
FIREWORKS VIOLATIONS ARE CRIMES.
FIRST LEVEL IS MISDEMEANOR, A FEW YEARS IN JAIL.
USUALLY YOU DON'T GET JAIL TIME IF IT'S YOUR FIRST OFFENSES.
CLASS C IS UP TO FIVE YEARS IN JAIL.
KEY IS GETTING CAUGHT.
WHEN YOU HAVE A LOWER LEVEL OFFENSE LIKE A FINE, ALL YOU NEED IS A POLICE OFFICER TO SEE IT HAPPEN.
AND THEY CAN BE THE WITNESS AND NEIGHBORS OR WHOEVER DON'T HAVE TO BE INVOLVED.
IT'S HARDER FOR POLICE TO DO THAT IF IT'S A FELONY OR MISDEMEANOR.
BOTH FELONIES AND MISDEMEANORS HAVE A JURY TRIAL RIGHT.
IF WE CAN BETTER ENFORCE A TICKET AS OPPOSED TO GOING AFTER PEOPLE WITH FELONIES, I THINK THE SITUATION WILL IMPROVE FASTER.
>> DARYL: I'D LIKE TO GO BACK TO MAJOR.
WHAT'S IT LIKE FOR AN OFFICER ON NEW YEAR'S EVE?
WHAT DO THEY GO THROUGH?
>> TO GIVE YOU SOME STATS.
FOR THAT ONE 24-HOUR PERIOD FROM DECEMBER 21ST -- 31ST UNTIL JANUARY 1, 24 HOUR PERIOD, WE HAD OVER 5,000 CALLS FOR SERVICE.
AND WE NORMALLY GET ABOUT HALF OF THAT.
IN A NORMAL DAY.
IT'S DOUBLED ON THAT DAY.
BEING IN PATROL OVER TEN YEARS IN THE WAIANAE AREA, IT'S THE WORST NIGHT OF PATROL.
YOU ARE GOING FROM CASE TO CASE TO CASE.
YOU WANT TO TAKE CARE OF THESE COMPLAINTS, BUT YOU'RE GOING THROUGH TRAFFIC, MOTOR VEHICLE ACCIDENTS.
YOU'RE GOING TO DOMESTIC VIOLENCE CASES.
ARGUMENT CALLS, LARGE PARTIES FIGHTING.
WORST NIGHT OF THE YEAR.
>> DARYL: AND THIS YEAR WAS ON TOP OF COVID RESTRICTION CALLS FOR THE BIG PARTIES.
SENATOR RHOADS, WERE YOU TRYING TO GET MY ATTENTION?
>> THAT'S THE THING.
HOW MANY?
OBVIOUSLY FIREWORKS IN HAWAI'I ARE VERY POPULAR.
IT'S HARD TO TELL BY LOOKING OUT THE WINDOW NEW YEARS THE PERCENTAGE OF PROPERTY.
THEY ARE COMING UP, WOULD GUESS AT LEAST 15%.
WHENEVER YOU HAVE 15% OF 1.4 MILLION PEOPLE WANTING TO DO SOMETHING, IT'S HARD TO STOP.
I THINK WE NEED TO KEEP IN MIND THAT THE POPULARITY OF FIREWORKS IN HAWAI'I WORKS AGAINST WHAT WE'RE TRYING TO DO.
YOU GET THAT MANY PEOPLE WHO ARE FLOUTING RULES, AND IT MAKES IT A VERY DIFFICULT SITUATION.
>> DARYL: LARRY, YOU WERE TRYING TO GET MY TAKE EARLIER.
>> WHAT I'D LIKE TO SEE IS TO BUILD THE MODEL, THE WHOLE PROCESS FOR THE COMMUNITY, RESIDENTS TO STAND UP.
IT'S HARD FOR NEIGHBOR TO GO AGAINST NEIGHBOR.
WHEN YOU HAVE THREE NEIGHBORS GOING AFTER NEIGHBOR, IT'S SERIOUS.
I'LL PUT UP WITH FOURTH OF JULY, NEW YEARS, IT'S THE URBAN TERRORISM I WANT TO STOP.
I THINK IF WE CAN GET THIS MODEL TO BE BUILT WITH THE PROCESS WHERE IT STARTS WITH THE RESIDENTS, THEY SEE WHAT'S GOING ON.
ALICIA TOLD YOU SHE HAS VIDEO EVIDENCE, SHE HAS THREE NEIGHBORS WITH HER.
THEY SIGN THE AFFIDAVIT.
THEY CALL HPD.
HPD SHOWS UP.
THEY FILL OUT THE REPORT.
FILE THE REPORT AND EVIDENCE IS THERE.
NOW IT'S GOING TO END UP WITH THE PROSECUTOR'S OFFICE.
THAT'S WHERE THE PROBLEM IS.
POLICE HAD TO SEE SOMEBODY LIGHTING THE FUSE.
LIKE SENATOR RHOADS SAID, THAT ONE BILL, IF WE CAN EXPEDITE THE PROCESS LIKE A TRAFFIC TICKET, IT MAKES IT EASIER.
ALSO, TELLING RESIDENTS DON'T DISCOUNT DOING A CIVIL LAWSUIT.
YOU CAN DO THAT ANY TIME.
IF YOU GO THAT ROUTE, THERE'S AN OPPORTUNITY FOR JUDGE TO PROVIDE PUNITIVE DAMAGE.
WHEN YOU HAVE THAT BAD ACTOR, SOMEBODY HAD A HEART ATTACK, THEY LOST THEIR PET, THEY KNEW WHO DID IT, JUDGE COULD PROVIDE PUNITIVE DAMAGES.
IF WE HAD A THOUSAND DOLLARS, YOU GOT THREE FAMILIES.
ONE FAMILY GOT FOUR FAMILY, THREE DOGS, $8,000.
YOU THINK THAT'S GOING TO STOP PEOPLE?
THEY WILL.
>> DARYL: ALICIA?
>> THIS GOES TO SENATOR RHOADS' SUGGESTION ABOUT THE ADJUDICATION ABOUT THE TICKETS.
EVEN THIS YEAR, HPD SHOWS UP FOR THE CALL, AND THEY TELL THE PERSON THAT SAW THE FIREWORKS, DID YOU SEE WHO LIT THE FUSE?
WE NEVER SEE WHO LIGHTS THE FUSE.
IT'S NEVER GOING TO HAPPEN.
NONE OF US ARE THAT CLOSE.
McCARTHY CAME UP, HE WAS ASSISTANT CHIEF AT THE TIME.
CAME UP WITH THE IDEA, WE KNOW WHAT PROPERTY IT'S COMING FROM.
WE KNOW THE FAMILY THAT LIVES THERE THAT'S LIGHTING THIS STUFF UP STARTING IN SEPTEMBER.
THERE HAS TO BE -- AND BY THE WAY, I APOLOGIZE, MAJOR, POLICE ARE TELLING ME YOU HAVE TO SEE THE FUSE.
YOU'RE GIVING OUT WRONG INFORMATION.
ONE OF THE OFFICERS TOLD ME FRIDAY NIGHT, IF YOU REPORT THIS, YOU'RE GOING TO HAVE TO GO TO COURT AND TESTIFY.
I KNOW.
HE DIDN'T WANT ME TO REPORT IT.
I FEEL LIKE THERE HAS TO BE THE SOLUTION IS IN THAT WAY McCARTHY CARVED OUT THAT BILL FROM 2019.
IT GOES BACK TO WHAT LARRY SAID.
WHO IS GOING TO REPORT IT?
ARE WE STRONG ENOUGH AS A COMMUNITY?
ARE WE SICK AND TIRED OF THIS?
THE BOMBS AROUND US, AND IT NEVER STOPS.
I'M TIRED OF IT.
I'M REPORTING.
>> DARYL: MAJOR, A LOT SAID ABOUT YOU GUYS' ENFORCEMENT EFFORT.
IS THAT ACCURATE?
WE TALK ABOUT LIGHT THE FUSE.
IS THAT THE LEVEL OF PROOF YOU WOULD NEED?
IT SOUNDS LIKE WHAT YOU'RE SAYING IS WHEN YOU'VE DONE PROSECUTIONS, YOU'RE NOT SEEING RESULTS.
WHY IS IT IMPORTANT FOR HPD TO SEE WHETHER PEOPLE GET CONVICTS OF THESE THINGS?
>> WHAT ALICIA WAS SAYING, WE DID RESPOND ON FRIDAY.
I DID LOOK UP THE CALL AND TRY TO DO A LITTLE OF BACKGROUND RESEARCH ON IT.
CITATION WAS ISSUED TO THE RENTER A FEW TIMES.
ON FOUR OCCASIONS.
BUT THE OFFICERS ARE GOING DOWN, TAKING THE INFORMATION.
DID YOU SEE WHAT HAPPENED?
AND THEY'RE NOT TRYING TO SAY -- DISCOURAGE.
DID YOU SEE WHO MIGHT HAVE LIGHT IT?
GUY THERE WITH THE RED SHIRT.
THAT'S WHY THEY'RE ASKING YOU THAT.
I THINK WITH THIS ONE CASE THAT HAPPENED ON FRIDAY, BECAUSE I DID TALK TO THE OFFICER WHO RESPONDED, I THINK YOU WERE A LITTLE BIT CONCERNED, ALICIA, WHERE THEY PARK AT.
THEY'RE SAYING, WE'RE HERE BECAUSE YOU CALLED IT IN.
THEY WANTED TO KNOW, YOU ARE GOING TO BE THE WITNESS.
YOU'RE GOING TO HAVE TO TESTIFY IF IT DOES GO TO COURT.
THAT'S WHY THEY WANTED TO REITERATE, YOU'RE GOING TO BE A WITNESS IN THIS.
>> DARYL: THANK YOU, MAJOR.
ONE OF THE THINGS THAT HAPPENING IS WHEN PEOPLE ARE PUSHED TO THE POINT WHERE THEY HAVE TO DO SOMETHING, IT IS EASY TO MAKE A PHONE CALL.
ALICIA AND LARRY WOULD BE WILLING TO DO WHATEVER THEY WANT.
WHEN YOU MAXIMIZE THIS AROUND THE COMMUNITY, IS THAT REALLY WHERE WE CAN FIND THE SOLUTION?
I WANT TO GET BACK TO A COUPLE QUICK QUESTIONS.
ONLY QUESTION I'VE HEARD FROM SOMEONE, I THINK THE NAME IS LEISHA.
YOU TOOK AWAY TOO MUCH.
ALL WE GOING HAVE IS POP, POP.
THEN PEOPLE ARE GOING TO MAKE THEIR OTHER THAN FIREWORKS AND THAT'S WHEN PEOPLE WILL GET HURT.
DO YOU THINK IF YOU GET THIS OUT OF THE HANDS OF MOST PEOPLE, WE'LL BE DONE WITH FIREWORKS?
SENATOR RHOADS, WHAT DO YOU THINK?
>> IT COULD BE BETTER HAS BEEN IT IS.
IT WILL TAKE A MULTI-PRONGED STRATEGY, INCLUDING INTERDICTION ON MAINLAND, SNIFFING DOGS.
CHANGE THE PENALTIES ASSOCIATED WITH FIREWORKS VIOLATIONS.
IN THE END, IT'S GOING TO BE HARD TO GET RID OF IT ENTIRELY IF 15 -- I DON'T KNOW WHAT THE PERCENTAGE, SAY 15% OF THE POPULATION LIKE THEIR FIREWORKS, SOME OF IT WILL GET THROUGH.
I DON'T THINK WE'LL GET RID OF IT ALL.
CAN WE NOT RATION IT BACK TO WHAT WE'VE HAD TO PUT BACK THE LAST COUPLE YEARS?
I BELIEVE WE CAN.
>> DARYL: THIS IS THE SAME PERSON THAT ASKED ABOUT -- I'M GLAD TO HEAR FROM THEM.
SO FAR SHE'S LONELY WHEN IT COMES TO INSIGHTS AUDIENCE.
GIVE US AN OPEN LOCATION WHERE WE CAN POP 'EM.
THAT AND MAYBE MORE PUBLIC FIREWORKS DISPLAYS.
LEGALLY, SENATOR, IS THAT EVEN TENABLE?
WHAT PROPERTY OWNER IS GOING TO LET YOU DO THAT?
KIND OF -- DO YOU SEE THAT?
>> I DON'T THINK IT'S A CRAZY IDEA.
YOU HAVE SHOOTING RANGES WHERE YOU HAVE TO PUT IT FAR ENOUGH AWAY FROM PEOPLE'S HOUSES.
WE PUT THEM IN PLACES YOU CAN SUPPORT THEM.
I DON'T THINK THERE'S ANY BILL NOW THAT HAS THAT PARTICULAR IDEA, BUT MY IMPRESSION IS PEOPLE WHO ARE IN MY NEIGHBORHOOD, IN CHINATOWN AND PALAMA, THEY'RE NOT TOO CONCERNED ABOUT WHETHER THEY'RE BREAKING THE LAW OR NOT.
I'D BE SURPRISED IF THEY'D TAKE THEIR FIREWORKS TO SAY A POP ZONE.
I SUPPOSE SOME WOULD, BUT PEOPLE WHO WOULD TAKE IT TO THE POP ZONE ARE PEOPLE WHO WILL PAY TO BUY LEGAL FIREWORKS NOW.
>> DARYL: I SAW ALICIA SHAKING HER HEAD.
>> THESE BOMBS ARE GOING OFF AT PARTIES AT THE HOME.
WHEN I DROVE BY, THERE'S 25 PEOPLE IN THE MIDDLE OF THE STREET.
EVERYBODY'S DRUNK.
THEY'RE BLOWING THESE THINGS UP OUT OF THEIR DRIVEWAY.
WHEN THEY GOT DONE, THEY THREW IT OVER THE FENCE.
INTO THIS WILDERNESS AREA.
THEY'RE NOT -- PEOPLE ARE DOING THERE AT HOME FOR A REASON, FOR A PARTY.
I HEARD THEY ARE WERE DOING IT AT THE FOOTBALL GAMES, AND POLICE WERE THERE AND EVERYBODY LOVES IT.
I'M THINKING, YOU GUYS, IT'S ILLEGAL.
I DON'T THINK ANYBODY'S GOING TO GO ANYWHERE UNLESS THEIR PARTY IS THERE.
THEN THEY'LL LET THEM OFF.
>> DARYL: LET ME GO BACK TO THIS IDEA.
WE DID GET A QUESTION FROM SOMEONE.
WHY DON'T POLICE ENFORCE EVEN THOUGH THEY'VE BEEN SHOWN THE HOUSE RESPONSIBLE?
WHAT IS THE CAPABILITY OF PROSECUTING A LANDOWNER FOR FIREWORKS ON THEIR PROPERTY?
SENATOR, FIRST OF ALL, WHERE ARE WE NOW WITH THAT?
HOW WOULD THAT WORK TECHNICALLY?
>> WELL, I DON'T HAVE THE BILL IN FRONT OF ME, BUT MY RECOLLECTION IS IF YOU CAN IDENTIFY THAT FIREWORKS ARE BEING SHOT OFF FROM A SPECIFIC LOCATION, THE OWNER OF THAT PROPERTY OR LESSEE CAN BE HELD CRIMINALLY RESPONSIBLE.
PENALTIES ARE A LITTLE BIT DIFFERENT.
BUT THAT'S WHAT THE LAWYERS I GET WOULD CALL A PREDICATE.
SOMEBODY'S GOT TO BE WILLING TO TESTIFY THAT THEY SAW THE FIREWORKS FROM THAT PARTICULAR PROPERTY, AND THAT'S HOW YOU MAKE YOUR CASE FROM THERE.
>> DARYL: SO ARE YOU SAYING WHEN YOU SAY CRIMINALLY RESPONSIBLE -- >> IT'S A CRIME.
>> DARYL: MAJOR, THESE CASES YOU'VE TALKED ABOUT WHERE YOU'VE GONE TO HOMES, THESE WERE SEIZURE CASES.
YOU GOT CACHES OF FIREWORKS.
YOU CAN GO TO A HOUSE WHERE THERE'S A BUNCH OF BURNED OUT FIREWORKS.
OKAY, 9210, WHATEVER, THIS STREET.
HERE'S A CITATION OR WHERE IS THE OWNER?
OR CAN YOU GO INTO A HOUSE AND LOOK FOR MORE FIREWORKS?
>> WITHOUT A SEARCH WARRANT, WE CAN'T.
IF IT'S FRONTING THEIR PROPERTY, HOW DO WE KNOW IF IT WAS A HOME OWNER RENTER?
MAYBE IT WAS A CAR THAT WAS PASSING BY AND LANDED IN FRONT OF THEIR HOUSE OR IN THEIR YARD.
WE STILL NEED THAT POSITIVE IDENTIFICATION.
WHERE DID THIS COME FROM?
WHAT IF THIS WAS A PHOTOGRAPH THAT WAS TAKEN FIVE YEARS AGO?
THIS PHOTOGRAPH CAME FROM THAT HOUSE, AND THEY'RE MAKING IT UP.
WE GOT TO HAVE THAT CHAIN OF CUSTODY ON WHO TOOK THIS PHOTO?
YOU GOT TO GIVE A STATEMENT.
THIS PHOTO IS GOING TO BE PUT INTO EVIDENCE.
AND CHAIN OF CUSTODY.
EVIDENCE THAT WE'RE GOING TO BE SUBMITTING WITH THE CITATION OR THE ARREST.
>> DARYL: SENATOR, YOU'RE THE GUY WHO CAN WRITE THESE LAWS OR PROPOSE THESE LAWS.
HOW DID YOU PICTURE THAT WORKING?
>> I'M TRYING TO PULL UP THE BILL SO I CAN LOOK AT IT SPECIFICALLY.
TITLE IS CALLED LIABILITY OF HOMEOWNER OR PERSON OTHERWISE RESPONSIBLE FOR REAL PROPERTY.
WHO INTENTIONALLY, KNOWINGLY, RECKLESSLY ALLOWS, IGNITE OR EXPLODE SHALL BE -- SUBJECT TO PENALTIES.
I THINK FROM A LAWYER'S PERSPECTIVE, WHAT THE POLICE AND PROSECUTORS NEED IS SOMEBODY WHO SAW, AND IT CAN BE THEM.
SOMEBODY WHO SAW THE FIREWORKS GOING UP FROM THAT SPECIFIC PROPERTY.
THEN, YES, THERE'S THINGS THAT HAS TO GO INTO EVIDENCE, AND PEOPLE WILL HAVE TO TESTIFY THAT THEY SAW THE FIREWORKS GOING OFF.
THAT'S THE END OF THE STORY IN TERMS OF THEIR LIABILITY.
IF THE OWNERS OF THAT PROPERTY LET IT HAPPEN, THEY'RE ON THE HOOK FOR A CRIME.
>> DARYL: IF THEY DIDN'T KNOW IT WAS HAPPENING, THEY'RE NOT GOING TO BE ON THE HOOK, RIGHT?
>> STANDARD IS WHATEVER I READ.
>> DARYL: THAT'S GOOD.
>> INTENTIONALLY, KNOWINGLY OR RECKLESSLY.
I DON'T KNOW.
IF YOU DIDN'T KNOW YOU OWNED THE PIECE OF PROPERTY.
YOU INHERITED IT AND DIDN'T KNOW YOU OWNED IT.
>> DARYL: WE'RE GOING TO GET INTO WEEDS BUT -- >> WE'RE IN THE WEEDS.
>> DARYL: IF I'M THE OWNER OF A RENTAL PROPERTY, AND I GUESS SAYS RENTER CAN BE HELD RESPONSIBLE.
KNOWING, RECKLESSLY AND ALL THAT STUFF, THAT'S WHERE POLICE HAS TO FIGURE IT OUT.
MAJOR, WHAT LARRY WAS SAYING ABOUT THE STORAGE OF FIREWORKS IN PRIVATE HOMES.
DO YOU THINK THAT'S PREVALENT?
THERE'S A LOT OF PEOPLE WITH A LOT OF FIREWORKS ON THEIR PROPERTIES?
WHAT WOULD YOU, FROM AN ENFORCEMENT POINT OF VIEW, SUGGEST AS A CREATIVE WAY OF DEALING WITH THOSE?
STORED FIREWORKS OUT THERE.
MAYBE NOT TRY AND DO UNDERCOVER.
IS THERE A WAY TO FIGURE OUT WHERE THOSE ARE?
AGAIN, DOGS, INFRARED.
I'M CURIOUS.
>> WE DON'T HAVE A LOT OF DOGS WITH OUR SSE.
I DON'T KNOW OF ANY TECHNOLOGY THAT WE COULD PICK UP THOSE LARGE FIREWORKS.
ALMOST LIKE I THINK I USED THE ANALOGY, WE TRY TO GO AFTER THE MAIN DRUG DEAL.
THERE'S SO MANY USERS.
WE HAVE TO DO THESE DRUG BUYS.
WE HAD A FEW SUCCESSFUL DRUG BUYS OR FIREWORKS BUYS THIS YEAR.
WE WITH WERE ABLE TO MAKE SOME ARRESTS.
>> DARYL: ALICIA, LET ME THROW OUT SOMETHING.
I'M NOT GOING TO ASK YOU, MAJOR, TO RESPOND TO THIS.
THIS IS FROM JOHN ON MAUI.
OFF-DUTY POLICE ARE THE ONES BLOWING OFF MOST ON MAUI.
ASK THE MAJOR ABOUT THAT.
>> I DON'T LIVE ON MAUI SO -- >> DARYL: ONE FROM KOHALA, BIG ISLAND.
BIG ISLAND NEIGHBORHOOD IS NUTS, ESPECIALLY AT THE POLICEMAN'S HOUSE.
DO YOU RUN INTO THAT, MAJOR?
PEOPLE THINK THAT THE POLICE AREN'T GOING TO HELP BECAUSE THE POLICE ARE SOMEHOW INVOLVED?
>> I PERSONALLY HAVE NOT RUN INTO THAT, BUT LIKE I SAID, I HATE FIREWORKS TOO.
I HAVE ANIMALS.
I WISH WE COULD JUST PROHIBIT ALL FIREWORKS EXPECT FOR RELIGIOUS OR CERTAIN PURPOSES WE ARE GOING TO BE USING IT.
KIND OF CURIOUS.
I DON'T KNOW IF SENATOR MIGHT KNOW THIS, WHAT HAPPENED TO THE TWO RESOLUTIONS THAT WOULD PROHIBIT?
>> DARYL: I WAS GOING TO ASK THE SAME QUESTION.
>> I DON'T KNOW IF THEY'RE ALIVE OR NOT.
IT CERTAINLY HAS BEEN PROPOSED MULTIPLE TIMES OVER THE YEARS.
IT'S THE SAME ENFORCEMENT PROBLEM.
ALL THESE AERIALS ARE ILLEGAL ALREADY.
>> THAT'S TRUE.
>> I'M NOT SURE IT MAKES DIFFERENCE OF ILLEGAL FIREWORKS ARE GETTING IN.
IF WE BAN THEM, ILLEGAL FIREWORKS WOULD STILL GET IN UNLESS WE CHANGE POLICY.
>> DARYL: ALICIA, WHAT DO YOU THINK ABOUT TOTAL BAN?
>> I AGREE.
I DON'T KNOW IF IT'S GOING TO DO ANY GOOD.
I'M TIRED OF PRO ILLEGAL FIREWORKS SAYING THIS ONLY HAPPENED BECAUSE YOU BANNED THIS.
ALL THIS OTHER STUFF.
THAT'S WHY IT'S SO BAD.
MAKE ALL FIREWORKS LEGAL AND IT'S GOING TO GO AWAY.
MAKE IT LEGAL, IT'S GOING TO GET WORSE.
WHEN SOMEBODY BLOWS UP ILLEGAL AERIALS, ONE OR TWO OR THREE OR FOUR, I GUARANTEE THEY'RE GOING TO PUT MORE UP.
THAT'S WHY IT'S EASY TO FIND THEM.
IF I HEAR THE FIRST COUPLE GO UP, I GO OUTSIDE, LOOK, 10, 15 MINUTES LATER, THEY GO UP AGAIN.
FIVE HOUSES DOWN, THERE THEY ARE, LIGHTING THIS STUFF UP.
OFF THEIR PROPERTY.
PRETTY EASY TO CATCH THEM.
YOU DON'T NEED TO SEE WHO LIT THE FUSE.
I TOTALLY GET GOING AFTER THE USERS.
WHEN THEY'RE FOUR OR FIVE HOUSES DOWN FROM YOU, AND THEY DO IT OVER AND OVER, YEAR AFTER YEAR.
IT GETS TO BE SO MUCH.
WE'RE TIRED OF IT.
I THINK PEOPLE HAD MORE NEIGHBORS LIKE MINE, THEY'D CALL IN.
>> DARYL: THEY DO HAVE NEIGHBORS LIKE YOURS.
WHAT WOULD IT TAKE TO GET THE FEDERAL GOVERNMENT INVOLVED?
QUESTION FOR SENATOR RHOADS FROM DANIELLE IN HONOLULU.
SHOULD THIS BE ADDRESSED AT THE FEDERAL LEVEL?
AND I'D LIKE TO FOLLOW UP WITH MAJOR BECKLEY AFTER.
IS THIS HAPPENING EVERYWHERE OR ARE WE COMPLETELY UNIQUE?
GO AHEAD, SENATOR?
SHOULD WE GET THE FEDS INVOLVED?
>> FEDS ARE NOT GOING TO GET INVOLVED WITH STREET LEVEL ENFORCEMENT.
>> DARYL: RIGHT.
>> OR THEY COULD BE HELPFUL WHEN -- MOST OF THESE FIREWORKS ARE NOT MADE IN THE UNITED STATES.
EVERYTHING'S MADE IN CHINA.
THERE IS ROOM FOR IMPROVEMENT ON LETTING IN FIREWORKS ACROSS THE BORDER TO START WITH AND TRYING TO TRACK WHERE THEY'RE GOING.
THAT'S COMPLICATED BY THE FACT THAT OTHER STATES DON'T HAVE LAWS SAME AS YOU HAVE.
I GREW UP IN INDIANA.
WHEN YOU GOT TO KENTUCKY OR TENNESSEE, AS SOON AS YOU CROSSED THE BORDER, THERE WERE PLACES WHERE YOU COULD BY FIREWORKS WHAT WERE NOT AVAILABLE IN INDIANA.
IT DOES MAKE IT A LITTLE MORE DIFFICULT FOR FEDS TO SAY, THIS KIND OF FIREWORKS LEGAL TO TENNESSEE.
THEY SAY THEY'RE SENDING IT TO TENNESSEE.
THIS IS NOT LEGAL IN HAWAI'I.
WE'LL KEEP IT FROM GOING TO HAWAI'I.
>> DARYL: MAJOR, MY QUESTION WAS -- I FORGOT MY QUESTION.
I GOT SO MANY QUESTIONS.
DO YOU THINK HAVING FEDERAL INVOLVEMENT AT THE DOCKS WOULD HELP?
>> I THINK SO.
>> RAYMOND SAYS WHY DON'T YOU USE DRONES?
MAJOR, YOU THOUGHT ABOUT THAT?
>> I THINK IT'S ILLEGAL, RIGHT?
CORRECT ME IF I AM WRONG, SENATOR.
IT'S ILLEGAL TO USE DRONES.
WE HAVE A FEW DRONE THAT'S WE USE, BUT WE DON'T HAVE THAT KIND OF CAPABILITY THAT WE'RE GOING TO BE FLYING THEM ALL OVER THE CITY HERE.
>> DARYL: I GOT A QUESTION -- >> MR. VERAY HAD A POINT.
>> IF I CAN CIRCLE BACK TO BRINGING THE FEDERAL GOVERNMENT IN, PEARL CITY NEIGHBORHOOD BOARD RESOLUTION WAS PASSED TO CONGRESSMAN CASE.
HE TOOK THE RESOLUTION TO DEPARTMENT OF TRANSPORTATION, FEDERAL TRADE COMMISSION AND BUREAU OF ALCOHOL, TOBACCO, FIREARMS.
ASKING FOR ASSISTANCES.
I'M HAPPY THAT RESOLUTION HAS NOT ONLY HAS ATTENTION OF THE STATE LEGISLATURE BUT AT THE CONGRESSIONAL LEVEL.
REQUIREMENT IS STATED ABOVE.
IF HE CAN CONVINCE THEM TO GET INVOLVED AND THE SCOPE OF THE SITUATION.
IT'S NOT JUST HAWAI'I.
I TALKED TO FRIENDS OF OTHER STATES.
THIS ORGANIZED RING IS IN BIG CITIES.
I BELIEVE THERE'S HOPE HERE POLICE TRYING TO MITIGATE.
THEY WON'T GET RID OF ALL OF IT.
I WANT TO GO AFTER THE BAD ACTORS.
THOSE WHO BLOW UP FIREWORKS AT 2:00 IN THE MORNING.
>> DARYL: NOW I REMEMBER MY QUESTION.
WHAT YOU'RE AWARE OF IN TERMS OF OTHER HUGE ILLEGAL FIREWORKS ISSUES AND OTHER PLACES IN THE COUNTRY THAT WOULD MAKE THIS WORTHY OF FEDERAL INTEREST ACROSS THE COUNTRY.
>> YEAH.
I DON'T KNOW.
I WOULDN'T BE ABLE TO COMMENT.
I'M NOT SURE HOW IT'S AFFECTING OTHER STATES.
>> DARYL: OKAY.
THIS IS AN INTERESTING QUESTION.
SAYS A HOME BURNED DOWN FROM OUR COMMUNITY FROM ILLEGAL FIREWORKS.
SADLY IT CONTINUES.
BIG ISLAND, IF THEY'RE EXPLODING ILLEGALS, NOTIFY THE LENDER AND FIRE INSURANCE COMPANY.
THAT WILL TAKE CARE OF IT REAL QUICK.
DO YOU THINK A CIVIL ROUTE, SENATOR, YOU'RE ALSO AN ATTORNEY, DO YOU THINK CIVIL ACTION WOULD HAVE ANY IMPACT IF LANDOWNERS, HOMEOWNERS WORRIED ABOUT THE POTENTIAL FOR DAMAGING OTHER PEOPLE'S PROPERTIES?
>> I THINK IT'S THEORETICALLY POSSIBLE.
NUISANCE THEORY.
NOISE, WATER, SMOKE FLOWING FROM ONE PERSON'S PROPERTY TO ANOTHER.
YOU GOT TO GO TO COURT TO DO IT.
NOT SELF-ENFORCING IN THE AMOUNT OF MONEY.
YOU'RE BETTER OFF GOING TO THE POLICE.
I'M WILLING TO GO TO COURT TO TESTIFY AND GO TO THE HASSLE OF GOING TO COURT IS WAY CHEAPER.
>> DARYL: I THINK WE SHOULD END -- LET ME READ SOME COMMENTS.
SO MANY COMMENTS.
PROBLEM IS PEOPLE WHO BLAST THESE FIREWORKS AT ALL TIMES OF YEAR, THEY HAVE NO CLASS, NO RESPECT.
GOVERNMENT FEEL THEY NEED TO CREATE LAWS.
PEOPLE NEED TO BE RESPECTFUL OF ONE ANOTHER.
I NEVER GREW UP WITH BOMBS GOING OFF.
ONLY REGULAR FIREWORKS.
MY PARENTS WOULD HAVE GIVEN US LICKIN'S FOR DOING THAT.
CALL FOR PERSONAL RESPONSIBILITY AND NEIGHBORLINESS AND CARING FOR ONE ANOTHER.
WE'RE GOING TO END ON THAT THOUGHT.
I WANT THANK ALL OF YOU FOR JOINING US.
STATE SENATOR KARL RHOADS, LARRY VERAY, ALICIA MALUAFITI AND MAJOR GAIL BECKLEY.
>>> NEXT WEEK ON INSIGHTS.
HISTORICALLY, THE NATIVE HAWAIIAN COMMUNITY HAS BEEN THE HARDEST HIT AND MOST PRICED OUT OF HOUSING HERE IN HAWAI'I.
MORE THAN 28,000 ARE ON THE WAITLIST FOR LEASES FROM THE DEPARTMENT OF HAWAIIAN HOMELANDS.
THIS YEAR LAWMAKERS HAVE PROMISED 600 MILLION DOLLARS TO HAWAIIAN HOMELANDS AND PEOPLE ON THE WAITLIST.
WILL IT BE ENOUGH TO MAKE A DENT IN THE UNMET HOUSING NEEDS OF NATIVE HAWAIIANS AND IS IT TOO MUCH FOR THE HOMELANDS DEPARTMENT TO HANDLE ALL AT ONCE?
PLEASE JOIN US THEN.
I'M DARYL HUFF FOR INSIGHTS ON PBS HAWAI'I.
ALOHA!

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