2020: Blackmail and Doctored Video Target Maui Police Chief
Paranoia Will Destroy Ya: Maui Police CIU 'Kidnaps' one of its own officers
by Andrew Walden
Raging paranoia was the theme when members of the Maui Police Department Criminal Intelligence Unit interrogated MPD officers over a minor, November 7, 2020, fender-bender involving then-Chief Tivoli Faaumu.
A doctored video was released on YouTube, November 18, 2020, and a November 16, 2020, blackmail letter sent to the Chief.
The accident ‘victim’ was a Queen Kaahumanu Mall security guard with access to the mall’s security footage But a lawsuit filed in 2nd Circuit Court November 4 by former MPD Officer Manuel Sorcy shows CIU investigators intensely focused on Chief Faaumu’s internal rivals both real and imagined.
Just as in Honolulu, the Maui PD CIU is acting as the Chief’s personal squad.
Here are some key excerpts from the complaint:
I. NATURE OF CASE
1. The basis of this case is the false imprisonment, intentional infliction of emotional distress and clear violation of the rights of OFFICER SORCY by the top brass at the County of Maui Police Department….
III. STATEMENT OF FACTS
11. On November 7, 2020, MPD Officer Scott Pagdilao (third-phase rider), and OFFICER SORCY, working beat 21, volunteered to take a late case off of beat 20 at the Queen Kaahumanu Shopping Center, located at 275 Kaahumanu Avenue in Kahului, for the report of a motor vehicle collision.
12. The report was late in the shift and Officer Pagdilao asked OFFICER SORCY if they could take the case, which they did.
13. Following the initial investigation by Officer Pagdilao, it was discovered that now-former MPD Chief TIVOLI FAAUMU was involved in the collision.
14. The incident was captured by the shopping center’s video surveillance footage.
15. OFFICER SORCY took over the investigation, however, OFFICER SORCY advised Officer Pagdilao to immediately contact their supervisor, Sergeant Ronald Bennett, and inform him of the Chief’s possible involvement.
16. Sergeant Bennett instructed Officers Pagdilao and OFFICER SORCY to document the MVA-Civil, but not to document the “Duty Upon Striking Unattended Vehicle” case. Upon return to the station, Lieutenant Kenneth Doyle and Sergeant Bennett watched the surveillance footage. Lieutenant Doyle then called CHIEF FAAUMU and OFFICER SORCY was advised that the Chief was going to email his information to Lieutenant Doyle.
17. A copy the Queen Kaahumanu Center video surveillance SHOWING CHIEF FAAUMU’s “hit and run” was later somehow given to the media and publicly broadcasted.
18. On the morning of November 25, 2020, OFFICER SORCY was in the Makawao area hiking with his son and his son’s mother where there was no cellular service. At about 1:00 p.m., when they arrived in the Pukalani Terrace area to eat lunch, OFFICER SORCY received a voice message on his cell phone from MPD OFFICER MARTIN MARFIL, who asked OFFICER SORCY to call him back.
19. OFFICER SORCY immediately contacted OFFICER MARFIL who asked OFFICER SORCY if he would be free because they needed to “chit-chat.”
20. OFFICER SORCY had a feeling that he wanted to speak to OFFICER SORCY about the motor vehicle collision involving CHIEF FAAUMU as it was rumored that the Criminal Intelligence Unit’s (“CIU”) OFFICER MARFIL and SERGEANT MASA KAYA were initiating an investigation about the release of the Chief’s accident surveillance video.
21. OFFICER SORCY had an uneasy feeling because of the Chief’s involvement and because CIU only works for the Chief.
22. OFFICER SORCY and his family left from near Pukalani and OFFICER SORCY drove straight home to drop off his family.
23. OFFICER SORCY told his child’s mother it should take no longer than thirty (30) minutes to speak to OFFICER MARFIL. OFFICER SORCY called OFFICER MARFIL back and told him that OFFICER SORCY was home and he could meet OFFICER MARFIL at the Wailuku Station.
24. OFFICER MARFIL explained there are too many eyes and whiners at the station and that they should meet somewhere else.
25. OFFICER MARFIL told OFFICER SORCY to meet him at the University of Hawaii Maui College Campus parking lot off of Wahine Pio Street in Kahului.
26. OFFICER SORCY got to the parking lot at about 2:00 p.m. and saw the unmarked CIU vehicle parked in the center portion of the lot with no other vehicles around. OFFICER SORCY parked his vehicle in the same row, a couple of stalls away on their drivers’ side. OFFICER SORCY walked within arms-reach of the driver door and observed SERGEANT KAYA in the driver seat.
27. The window remained up, but OFFICER SORCY could see SERGEANT KAYA through the windows’ light tint.
28. SERGEANT KAYA didn’t look at or acknowledge OFFICER SORCY and remained looking forward.
29. OFFICER SORCY then walked to the passenger side of the vehicle where OFFICER MARFIL was sitting.
30. OFFICER SORCY approached OFFICER MARFIL and through the tinted window OFFICER SORCY saw OFFICER MARFIL look back and point to the rear seat behind him.
31. OFFICER SORCY thought it was odd that neither of them opened the door, nor rolled the window down and only directed OFFICER SORCY by pointing to the back seat of the car.
32. At the time, OFFICER SORCY trusted OFFICER MARFIL as OFFICER SORCY has known him from the beginning of OFFICER SORCY’s career and OFFICER MARFIL is a squad leader for the department’s SPEED team, a team that OFFICER SORCY held great pride for being a part of.
33. OFFICER SORCY has been on several deployments with the SPEED team including a one (1) week deployment to Mauna Kea on Hawaii Island with OFFICER MARFIL leading the platoon.
34. Because OFFICER SORCY trusted OFFICER MARFIL, OFFICER SORCY got into the back seat of the vehicle and was greeted by him only.
35. SERGEANT KAYA said nothing.
36. OFFICER MARFIL then asked OFFICER SORCY if OFFICER SORCY knew why he was meeting with them.
37. OFFICER SORCY said yes, he assumed it was regarding the Chief, the accident and the release of the surveillance video.
38. OFFICER MARFIL confirmed to OFFICER SORCY that they needed to speak about CHIEF FAAUMU’s collision.
39. They were in the parking lot for less than a minute when SERGEANT KAYA put the vehicle into drive and left the parking lot without saying anything to OFFICER SORCY.
40. This was very surprising as OFFICER SORCY was not aware that they were going anywhere and that his personal vehicle was going to be left unattended in the parking lot.
41. OFFICER SORCY did not give permission to drive off with him in the car.
42. As they left the parking lot, OFFICER SORCY still did not feel too worried as OFFICER SORCY felt comfortable with OFFICER MARFIL there.
43. OFFICER MARFIL asked OFFICER SORCY about the collision and what OFFICER SORCY did during the investigation.
44. OFFICER SORCY told OFFICER MARFIL what OFFICER SORCY did and what OFFICER SORCY knew of the incident.
45. OFFICER MARFIL questioned OFFICER SORCY about the video surveillance saying, “What happened to the surveillance? I know you never released it, I know Scotty never release’em, he too young.”
46. OFFICER MARFIL then asked, “Who outside of patrol came down and asked for the video?”
47. OFFICER SORCY replied “No one.”
48. The way OFFICER MARFIL spoke to OFFICER SORCY was in a manner which made OFFICER SORCY feel comfortable as if they were speaking about any other subject.
49. Meanwhile, SERGEANT KAYA sat there silently with a more aggressive and intimidating expression and demeanor.
50. OFFICER MARFIL started explaining “I know you’re about what we stand for and that you have your loyalties to some in this department.” You’re on the SPEED Team and we all get each other’s backs, but who above everyone in Patrol came and asked for the video?”
51. At this point OFFICER SORCY felt they were speaking about Assistant Chief Clyde Holokai as the person who released the video by the way they formed the question and speaking of loyalties and the SPEED team.
52. OFFICER SORCY replied again that no one asked for the video because no one knew that OFFICER SORCY had the surveillance video.
53. SERGEANT KAYA then said while looking at OFFICER SORCY in the rearview mirror, “You know I watching your body language in the mirror, right?”
54. At this point OFFICER SORCY felt they were interrogating him with OFFICER MARFIL being the “good cop” and SERGEANT KAYA, the “bad cop.”
55. SERGEANT KAYA said in a stern and slightly annoyed tone, “I going ask you one more time, who came down and asked for the video? I already know the answer so think about how you answer this…”
56. OFFICER SORCY replied that no one did.
57. SERGEANT KAYA made it obvious that he was getting angry and irritated with OFFICER SORCY’s answers, with deep sighs and gestures, such as the way he rubbed his face and the way he looked back at OFFICER SORCY in the mirror like he was trying to intimidate OFFICER SORCY.
58. OFFICER SORCY explained what he did before and after CHIEF FAAUMU’s collision once more.
59. SERGEANT KAYA said, “Your story when change.”
60. Both OFFICER MARFIL and SERGEANT KAYA indicated OFFICER SORCY was untruthful, pointing out the way OFFICER SORCY was taking his breaths, pausing and sighing when OFFICER SORCY answered their questions.
61. OFFICER SORCY was so confused by what they were telling him that he began to question himself and it took him a few seconds to collect his thoughts during that part of the interrogation.
62. They changed the direction of the interrogation only when OFFICER SORCY explained to them that no one outside of patrol would have known that OFFICER SORCY went to pick up a copy of the surveillance footage to verify that the glitch seen on the recording was on the actual footage.
63. At this point, although OFFICER SORCY does not recall the exact route taken, they had driven all throughout central Maui, ending up on Kuihelani Highway and then through multiple streets in Kahului.
64. SERGEANT KAYA then mentioned former Maui Police Officer Maldonado. He said, “Maldonado went down for this kine stuff. You get evidence tampering…. He did time.”
65. OFFICER SORCY became even more confused and very worried because SERGEANT KAYA was implying OFFICER SORCY could get arrested and spend time in prison for the crime of evidence tampering.
66. SERGEANT KAYA followed that with, “You buying that house you staying at?” OFFICER SORCY replied, “No, but I have a house on the Big Island.”
67. SERGEANT KAYA next question was if OFFICER SORCY had kids and OFFICER SORCY’s heart sank when SERGEANT KAYA asked OFFICER SORCY this because he has a then 3-year-old son.
68. SERGEANT KAYA then said, “You can get sued for what happened cuz now the chief look stupid.”
69. OFFICER MARFIL added that OFFICER SORCY needed to understand that his loyalty to people is only one-sided and that those who OFFICER SORCY is loyal to are blaming OFFICER SORCY.
70. OFFICER SORCY was both very angry because they were saying that he could be deprived of seeing his 3-year-old son and very scared because of the thought that OFFICER SORCY could lose the house owned and his job that supports his family.
71. At this point they headed towards Wailuku.
72. OFFICER MARFIL asked OFFICER SORCY, while trying to keep the good cop demeanor, why they did not make the Duty Upon Striking Motor Vehicle case.
73. OFFICER SORCY explained that it was determined by his supervisor that the criminal case was not going to be made and that OFFICER SORCY was just doing what he was told to do.
74. SERGEANT KAYA said in a very irritated tone, “No give me dat!”
75. That took OFFICER SORCY by surprise because OFFICER SORCY felt he did nothing wrong and that was exactly what happened.
76. SERGEANT KAYA explained, “I thought you were one of the good officers and I don’t say that often about anyone. But now, everyone upstairs think you dumb.”
77. OFFICER SORCY was shocked by the attack on his character and intelligence.
78. OFFICER MARFIL asked OFFICER SORCY why he thought his supervisors told him not to make the criminal case.
79. He added, “I no like tell you the answer, I like you figure’em out.”
80. It was already difficult for OFFICER SORCY to think at this point due to the stress of the situation.
81. All OFFICER SORCY could think of was how he would support his family and he could not answer OFFICER MARFIL’s question.
82. At this point they were passing through Happy Valley on Market Street. OFFICER MARFIL asked OFFICER SORCY several times about why he thought his supervisors told him not to make the Duty Upon Striking Motor Vehicle case on CHIEF FAAUMU.
83. OFFICER SORCY did not know the answer to question that OFFICER MARFIL was asking and the way he was asking OFFICER SORCY made it seem as if the answer was obvious.
84. OFFICER MARFIL said OFFICER SORCY needed to, “Open your flashlight and see things.”
85. OFFICER SORCY was extremely confused now while still feeling worried about his career, his family and his freedom.
86. SERGEANT KAYA then asked what they normally did when someone collides into a vehicle then leaves the scene.
87. He eventually told OFFICER SORCY the answer to OFFICER MARFIL’s question.
88. SERGEANT KAYA explained that if OFFICER SORCY made the criminal case OFFICER SORCY would have read CHIEF FAAUMU his rights then obtained his statement. After the statement, the case would’ve been sent to court and that would have alleviated all of this from happening. Instead, the Duty Upon Striking Motor Vehicle case wasn’t initiated and in turn it made the Chief look stupid.
89. OFFICER MARFIL then explained the reason my supervisors did not make the case was that they saw Chief Fauumu’s collision as an opportunity. An opportunity to make him look bad and because “The titans upstairs are fighting.” He explained that OFFICER SORCY’s supervisors, Sergeant Bennett and Lieutenant Doyle, used OFFICER SORCY and Officer Pagdilao as fall guys and that the actions of the person who turned in the video to the media would all be blamed on OFFICER SORCY.
90. At this point they were passing Waihee Elementary School.
91. They continued driving until they pulled off the roadway into a dirt lot surrounded by razor grass/cane grass.
92. SERGEANT KAYA parked the vehicle in the middle of the lot.
93. OFFICER SORCY reached for his cell phone as he wanted to make sure that he had cell phone service in case something happened to him.
94. OFFICER SORCY realized he had left his phone in his personal vehicle as he thought they were going to speak in the parking lot.
95. OFFICER SORCY thought to himself, “How is his child’s mother supposed to know where he is ?”
96. At the time, OFFICER SORCY was not sure of where he was, but he knew it was far and remote.
97. At one point a car drove into the dirt lot near their car and OFFICER MARFIL and SERGEANT KAYA both got quiet which added to OFFICER SORCY’s worry.
98. It was clear they did not want anyone to see them there or talking to OFFICER SORCY.
99. OFFICER SORCY was very scared, felt cornered and trapped like a prisoner.
100. While here, OFFICER MARFIL brought up OFFICER SORCY’s personal life.
101. OFFICER MARFIL mentioned OFFICER SORCY’s friendship with Sergeant Bennett and that its known that OFFICER SORCY spend time outside of work at Sergeant Bennett’s house playing volleyball.
102. OFFICER MARFIL commented that OFFICER SORCY is loyal to Sergeant Bennett, but Sergeant Bennett used this as an opportunity to take the Chief down.
103. They were parked in that parking lot for what felt like hours.
104. OFFICER MARFIL continued saying that Sergeant Bennett created a bond between he and Sergeant Bennett then when he saw the opportunity, he took it while using OFFICER SORCY to take the blame.
105. OFFICER SORCY didn’t know what to do at this point because of their location, not having a cell phone and there were two of them and OFFICER SORCY was alone.
106. Before the conversation ended, OFFICER MARFIL asked OFFICER SORCY, “You think this going affect your chances of going Big Island or what?”
107. OFFICER SORCY knew that OFFICER MARFIL was aware that OFFICER SORCY was thinking of applying to transfer to the Hawaii County Police Department as OFFICER SORCY told several of the members of the SPEED Team during a training.
108. OFFICER SORCY was disgusted by this question as all he could think of is OFFICER MARFIL and SERGEANT KAYA work directly for the Chief.
109. It would only take one phone call to sabotage OFFICER SORCY’s chances for transfer to the Hawaii County Police Department.
110. With OFFICER SORCY’s head spinning, OFFICER SORCY replied, “I’m assuming so….”
111. After that question, SERGEANT KAYA started driving back toward Kahului.
112. OFFICER SORCY doesn’t know if they sensed OFFICER SORCY shutting down or what prompted them to end the interrogation, but they started driving off.
113. After they started driving back toward Kahului, OFFICER MARFIL and SERGEANT KAYA tried to “make nice” to OFFICER SORCY.
114. OFFICER MARFIL explained, “You think I like do this, now we look like the bad guys”.
115. This was repeated multiple times.
116. SERGEANT KAYA’s demeanor also changed and the way he spoke changed which felt like the interrogation was completed.
117. They returned to OFFICER SORCY’s vehicle about two (2) hours after they initially left the parking lot.
118. Before OFFICER SORCY got out, OFFICER MARFIL said, “No tell Bennett we spoke to you…. You know what, try ask Bennett what he did with the video.”
119. OFFICER MARFIL added OFFICER SORCY should watch Sergeant Bennett’s reaction to being confronted about the video.
120. At no time did OFFICER SORCY feel he was free to leave nor did they say or indicate in any way that OFFICER SORCY was free to leave or end this interrogation prior to them dropping OFFICER SORCY back off at his car.
121. During this entire “interrogation” OFFICER SORCY was not given his Garrity warning nor was he advised of his Constitutional Rights or asked to waive the same, yet he was kidnapped and interrogated for approximately two (2) hours.
130. The following work shift, OFFICER SORCY asked Officer Pagdilao, “Anyone spoke to you during our days off?”
131. Officer Pagdilao told OFFICER SORCY that OFFICER MARFIL and SERGEANT KAYA had come to his house and picked him up.
154. On or about January 19, 2021, OFFICER SORCY submitted a “To:From” to MPD’s Internal Affairs detailing the misconduct and mistreatment done to him by CIU, yet these wrongdoers remained in their current positions with all their police powers.
155. They did not receive desk duty during the pendency of the investigation like other officers would have.
156. On November 1, 2021, after enduring nearly a year of emotional distress from entering the workplace at MPD, OFFICER SORCY transferred to the Hawai’i County Police Department.
read … Full Complaint
MN: Suit alleges former MPD officer was ‘kidnapped and interrogated’ -- The complaint was filed Nov. 4 in 2nd Circuit Court on behalf of Manuel Sorcy, now a Hawaii Police Department officer.
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