Hawaiʻi County has asked a Hilo judge to throw out the wrongful death lawsuit filed by the family of Samuel “Sammy” Mwarey, the 16-year-old Hilo High School junior struck and killed by a police patrol car in January 2024. County attorneys argue the officer who hit him, Nicole Kanaka‘ole-Ioane, is immune from liability under Hawaiʻi law, while the teen's family says she was simply negligent behind the wheel.
According to the Honolulu Star-Advertiser, County Attorney Justin Lee has filed a motion for summary judgment contending Kanaka‘ole-Ioane is shielded from the lawsuit because she was performing her official duties when the crash happened. Family attorney Saphira Goode, who represents the Mwareys, is pushing back, arguing the officer was negligent and should be held liable. If the case survives, a trial is set for March 29, 2027.
Mwarey was skateboarding on Kapiolani Street in Hilo, between the YMCA and Hawaii Care Choices, at about 10:24 p.m. on January 5, 2024, when Kanaka‘ole-Ioane's 2008 Ford Crown Victoria struck him. The officer, who had 18 years with the department at the time, was on her way to pick up an arrested individual, per the same report. Mwarey died three days later at Hilo Benioff Medical Center.
Investigation and Circumstances
The department initiated an internal inquiry through its Office of Professional Standards after the crash, according to the Honolulu Star-Advertiser.
Police have said the roadway was poorly lit and that the crash happened on a rainy night. They reported that Mwarey was walking in the middle of the roadway.
The question of whether the patrol car was identifiable that night has also come up. Hawaiʻi Public Radio reported that while the marked sedan was not running its sirens or flashing emergency lights, its solid-blue top pilot light was illuminated in line with department policy for on-duty patrol vehicles. Within 24 hours of the crash, Hawaiʻi Police Department investigators publicly stated that speed was not believed to be a factor, based on initial physical evidence at the scene.
A Legal Fight Over Qualified Immunity
The county argues that Kanaka‘ole-Ioane is immune from liability under Hawaiʻi law because she was performing her official duties when the crash happened.
Goode argues that Kanaka‘ole-Ioane was negligent and should be held liable.
Community Grief and a Pending Financial Risk
In March 2024, family members and friends of Mwarey gathered along Hilo's Bayfront Highway for a “Justice for Sammy” sign-waving rally demanding a transparent and thorough investigation into the crash, as covered by Big Island Video News. The rally underscored how deeply the case resonated in Hilo, where Mwarey had been a junior at Hilo High School.
The parties have held settlement discussions, though no resolution has been reported.
Another Fatal Pedestrian Crash A fatal pedestrian collision near Waiānuenue Avenue and Rainbow Drive occurred in May 2025. The case now turns on whether the Mwarey family's lawsuit moves toward the March 2027 trial date or ends in dismissal.
