Three Honolulu police officers at the center of an ACLU-backed class-action DUI lawsuit are now accused of playing legal hide-and-seek, allegedly ducking efforts to serve them with court papers, according to new filings. A process server logged nearly 50 hours trying to track them down, hitting precincts, private homes and even attorneys' phones before the plaintiffs finally asked a judge to let them serve the officers through a newspaper notice. That request is now sitting in First Circuit Court, waiting for a ruling.
Process Server Says He Chased Cops For Nearly 50 Hours
According to Hawaii News Now, the process server reported spending close to 50 hours trying to hand the three officers their summons. He says he showed up at HPD stations, went to the officers' residences and repeatedly called their lawyers and the city corporation counsel, all without success.
After dozens of failed attempts at personal service, the ACLU of Hawaiʻi asked the court to allow service by publication, a notice that typically runs in a newspaper for several weeks. Retired Circuit Court Judge Randal Lee, quoted in the filing, said the officers' conduct could be "totally egregious" and cautioned that a court could hit them with costs and other penalties if it finds they were trying to dodge service.
Class-Action Claims Sober Drivers Were Hauled In For DUI
The lawsuit, filed by the ACLU of Hawaiʻi, accuses Honolulu police of repeatedly arresting drivers who showed no outward signs of impairment and often blew a 0.000 blood-alcohol level on breath tests. The group is asking for injunctive relief aimed at changing HPD's DUI practices.
As outlined by the ACLU of Hawaiʻi, the complaint says the claims could cover hundreds of motorists and urges the court to declare the arrest practices unconstitutional. The local reporting and court records that helped spark the ACLU's investigation were laid out by Honolulu Civil Beat.
Three Named Officers And A Text From The Philippines
The court papers identify Ridge Newcom, Kelsey Messmer and recently retired Sgt. Darren Cachola as the officers who have not accepted service. The filing lists 10 attempts to serve Messmer, 9 attempts for Newcom and 6 for Cachola.
Hawaii News Now reports that Cachola was the only one who responded directly to the process server. In a July text reproduced in the filing, Cachola said he was "in the Philippines getting medical surgery on my penis" and would not be back until 2026, even though records show he held a retirement party in Honolulu on August 22.
Cachola's name has also surfaced before in coverage of HPD discipline and extreme overtime, as documented in an Associated Press investigation.
How Service By Publication Works In Hawaii
Under Hawaii law, a judge can allow service by publication when a defendant cannot be found despite due diligence, as long as an affidavit explains the efforts made to locate them. The notice must run in a newspaper for a period set by the court, usually at least four consecutive weeks, with specific timing before the deadline for a response.
The procedure is set out in Hawaii Revised Statutes § 634-23, which requires the affidavit to describe the methods and attempts at personal service. If the judge signs off on publication, the plaintiffs can move the case forward without physically handing over the summons, although the officers would still be allowed to show up later and fight the claims on the merits.
Case Inches Forward As Scrutiny On HPD Builds
The motion for service by publication is still pending in First Circuit Court while the ACLU continues to seek an injunction to halt what it calls unconstitutional DUI arrests, according to the ACLU of Hawaiʻi. If the judge approves publication, the lawsuit could proceed even if the officers never accept personal service. Courts also have tools to sanction bad-faith evasion in appropriate cases.
For Honolulu residents, the drama over simply serving the officers only adds to the spotlight on HPD's DUI enforcement and raises fresh questions about who is watching the watchdogs inside the department.
