Download as pdf or txt
Download as pdf or txt
You are on page 1of 12

BAIL ORIGINAU HPD NO.

21390960-001

(4^ ( JDPG. NO.

Hon. Thomas Haia


District Judge Electronically Filed
FIRST CIRCUIT
1FFC-21-0000832
Family Court of the First Circuit 12-NOV-2021
09:10 AM
STATE OF HAWAII Dkt. 2 CMP

COIVIPLAINT

Detective Alan Oku first being duly sworn says:


On or about August 18, 2021 to and including September 13, 2021 in the City and County of Honolulu, State of Hawaii, ISAAC KALUA III, ALSO
KNOWN AS "SONNY", being the parent or guardian or any other person having legal or physical custody of I.P.K.(2014), also known as A.P.S.(2014),
did intentionally or knowingly cause the death of I.P.K.(2014), also known as A.P.S.(2014), a person less than eighteen years of age, by intentionally
or knowingly omitting to perform a duty imposed by law. to wit, ISAAC KALUA III, ALSO KNOWN AS "SONNY", while at the scene of a crime, and
knowing that I.P.K. (2014), also known as A.P.S.(2014), the subject of the crime was suffering from serious physical harm, did intentionally or
knowingly fall to obtain or attempt to obtain aid from law enforcement or medical personal though ISAAC KALUA III, ALSO KNOWN AS "SONNY",
could have done so without danger or peril to any person, thereby committing the offense of Murder in the Second Degree, In violation of Sections
707-701.5, 706-656, 702-203, and 663-1.6 of the Hawaii Revised Statutes.

ISAAC KALUA III, ALSO KNOWN AS "SONNY", is subject to sentencing in accordance with Section 706-660.2 of the Hawaii Revised Statutes where,
in the course of committing or attempting to commit a felony, he caused the death or inflicted serious or substantial bodily injury upon I.P.K.(2014), also
known as A.P.S,(2014), who was eight years of age or younger, and such disability was known or reasonably should have been known to ISAAC
KALUA III, ALSO KNOWN AS "SONNY".

If convicted of this offense or any included felony offense, ISAAC KALUA III, ALSO KNOWN AS "SONNY", may be subject to sentencing in accordance
with Section 706-661 and Section 706-662 (5) of the Hawaii Revised Statues where he is an offender against a minor eight years of age or younger in
that ISAAC KALUA III, ALSO KNOWN AS "SONNY", attempted or committed murder and in the course of committing or attempting to commit the
crime, inflicted serious or substantial bodily Injury upon I.P.K.(2014), also known as A.P.S.(2014), a person who had status of being eight years of age
or younger and the status of I.P.K. (2014), also known as A.P.S.(2014), was known or reasonably should have been known to ISAAC KALUA III, ALSO
KNOWN AS "SONNY", and an extended term of imprisonment is necessary for the protection of the public.

Subscribed and sworn to before me this


Detective Alan Oku
of November
INUVCIMUCI
Tiffany L. H. Kaei/' Address
do HPD 801 S. Beretania St.
Deputy Prosecuting Attorney
City and County of Honolulu

WARRANT OF ARREST

The State of Hawaii:


To the Sheriff of the State of Hawaii, or his Deputy; or the Chief of the Honolulu Police Department, or his Deputy:
or any Police Officer in the First Circuit, State of Hawaii:

YOU ARE HEREBY COMMANDED on the information of DeteCtlve Alan OkU,


whose affidavit is attached hereto and made a part thereof
verified by oath, forthwith to arrest and take the body Qf Isaac Kalua 111, also known as "Sonny"

Murder in the Second Degree in violation of 707-701.5, 708-656, 702-203, and 663-1,6 of the Hawaii Revised Statutes.
accused of violating
as in the above complaint more fully setforth, if_ he can be found, and forthwith have
body before said District Judge of the First Circuit, at his Court Room in said First Circuit, or at 8:30 a.m. of the next
secular day following the date of service.

And you are also commanded, having arrested the said

to summon as witness of accusation

Witness the hand of the said Judge this 9th _day of_
November 2021

Unless authorized in writing, this warrant may not


Be executed between the hours of 10:00 p.m. and
A.K. HqIq
7:00 a.m. on premises not open to the public. Judge of the Above Entitled Court
State of Hawaii
PA-140(REV 3/99)
o
District Court of the
r First Circuit
2
Q
State of Hawaii
Z
o <■
THE STATE OF HAWAII
vs.
o
V
-I WARRANT OF ARREST
o
o
c
o RECEIVED AND FILED
(0
o
Q.
(U
>>
, A.D.
(0
at M.
Clerk, District Court of the First Circuit
T3 c
(U
■4-*
£
o d)
o £
X
LU TJ
O
E
(C
c
IN THE FAMILY COURT OF THE FIRST CIRCUIT

STATE OF HAWAII

AFFIDAVIT IN SUPPORT OF WARRANT OF ARREST

STATE OF HAWAII )
) S.S. 2021 -
CITY AND COUNTY OF HONOLULU )

Detective Alan Oku (hereinafter "Detective Oku"), of the Honolulu Police

Department (hereinafter "HPD")first duly sworn under oath, deposes and says:

He has reason to believe that the offense of Murder in the Second Degree has

been committed and that the perpetrator of said offense is Isaac Kalua III, also known

as "Sonny";

Murder in the Second Degree is in violation of Sections 707-701.5, 706-656, 702-

203, and 663-1.6 of the Hawaii Revised Statutes.

The facts tending to establish the grounds for the issuance of warrant of arrest

for the said Isaac Kalua III, also known as "Sonny," are as follows:

Your affiant is a resident of the City and County of Honolulu, State of Hawaii; that

he is an Detective employed by the Honolulu Police Department (hereinafter "HPD")

and has been so employed for twenty (20) years; that he is currently assigned to the

HPD - Criminal Investigative Division's Homicide Detail, and has been so assigned for

the past five (5) years; that in the course of performing his assigned duties, your affiant

has investigated numerous crimes involving Murder in the Second Degree, and other

related offenses, and has testified in the Courts of the State of Hawaii;

On September 13, 2021, Affiant was assigned to further investigate a Missing

Persons Case that was later re-classified to a Murder in the Second degree case and
Page 1 of 10
that was documented under key HPD report number 21390960-001 that allegedly

occurred at 41-610 Puha Street, in Honolulu, Hawaii;

Based on the review of the HPD report, interviews, and follow-up investigation,

which resulted in the identification of the suspect in this case, this investigation has

revealed the following information:

1. On September 13, 2021, at about 6:25 a.m., HPD Officer Joel Patterson

(hereinafter "Officer Patterson") was sent to 41-610 Puha Street, Waimanalo,

Hawaii on report of a missing person.

2. Upon his arrival at the scene. Officer Patterson met with Lehua Kalua

(hereinafter "Lehua") who identified herself as the adoptive mother of the

missing person, I.P.K.(2014) also known as A.P.S.(2014)(hereinafter "I.P.K."),

a six-year-old female minor born in 2014.

3. Lehua informed Officer Patterson that she had last seen I.P.K. at approximately

9:00 p.m. on September 12, 2021, when I.P.K. went to bed in her own room.

When Lehua awoke on September 13, 2021, she noticed that the side door of

the house was ajar, and when she went to check I.P.K.'s room she found that

I.P.K. was missing.

4. Lehua described I.P.K. as being 3'3" tall, weighing approximately 46 pounds,

and stated that she was last seen wearing a black hoodie, black leggings, multi

colored socks, and black Nike brand "slides" with pink soles.

5. Lehua further related that in the past, I.P.K. would go out to the garage

unnoticed and sometimes fall asleep there.

Page 2 of 10
6. Per Lehua, I.P.K. would also open the house windows, purportedly to talk to

someone outside, but that no persons were observed talking to her. On

occasion, I.P.K. would leave doors unlocked, which Lehua explained to her was

dangerous.

7. Lehua informed Officer Patterson that their door sensor was activated at

approximately 1:30 am on September 13, 2021.

8. Lehua stated that they have a camera system installed, but that it constantly

crashes and "goes on and off."

9. Responding HPD officers, along with I.P.K.'s family members and members of

the general public, checked the area surrounding the house and numerous

locations in the Waimanalo area, but were unable to locate the missing child.

10. Lehua identified I.P.K.'s biological parents as Melanie Joseph (hereinafter

"Joseph"), and Adam Sellers (hereinafter "Sellers"), who, to her knowledge, were

homeless and living in the Waimanalo area.

11. Lehua and her husband Isaac Kalua, III, also known as Sonny,(hereinafter

"Isaac") adopted three of the biological children of Joseph and Sellers including

I.M.K.(2009), I.P.K., I.L.K. (2018). They are also the foster parents of A.J.

(2020), who is another biological child of Joseph and Sellers.

12. Pursuant to a search warrant approved and signed by the Honorable Karin L.

Holma, and documented as S.W. No. 2021-496, Affiant received records from

the State of Hawaii Child Welfare Services (hereinafter "CWS"). The records

indicated that I.M.K. and I.P.K. began residing with Lehua and Isaac in February

2019.

Page 3 of 10
13. The CWS records also included an Adoption Decree filed on February 11, 2021.

The Adoption Decree indicated that the decree was effective January 26, 2021.

14. On September 13, 2021, HPD officers located I.P.K.'s biological mother, Joseph,

who indicated that she had no knowledge of I.P.K.'s whereabouts. Joseph

related that Sellers was currently residing at a residential treatment facility,

which was later confirmed by Detective Michael Garcia. Both Joseph and Sellers

denied any involvement in the disappearance of I.P.K.

15. On September 13, 2021, at approximately 3:38 pm. Detective Ryan Kaio

(hereinafter "Detective Kaio") conducted a recorded interview with Lehua, who

provided background of their family and recounted the events that led up to

I.P.K.'s disappearance.

16. Lehua provided the following information to Detective Kaio regarding the events

of September 12, 2021 and September 13, 2021:

a. On the evening of September 12, 2021, they ate dinner together, after

which the girls played for a while;

b. They went "riding" to get out of the house, but did not stop anywhere;

c. I.P.K. seemed "fine" with "no issues" and "no tantrums," and went to bed

at approximately 9:00 p.m., wearing a hoodie and leggings, which she

normally wore to sleep;

d. Lehua went to her room at about the same time, but returned to I.P.K.'s

room approximately twenty minutes later and saw that I.P.K. was asleep;

e. Lehua woke up between 5:50 a.m. and 6:00 a.m. on September 13, 2021,

and discovered that the side door of the house was closed but unlocked;

Page 4 of 10
f. She then went to I.P.K. and I.M.K.'s shared room, where she observed

that I.M.K. was asleep In her bed, but I.P.K. was not there;

g. Lehua woke I.M.K. up and asked her where her sister was, but I.M.K.

stated that she did not know;

h. Lehua further stated that I.M.K. is a heavy sleeper;

i. They then searched both the interior and exterior of the house, but were

unable to locate I.P.K.;

j. Isaac then left with the kids to drive around the area while Lehua called

the police;

k. Lehua further stated that a neighbor stated that she saw a silver car

leaving the driveway at about 1:00 a.m., but that the neighbor thought it

was a family member of the Kaluas;

I. Lehua stated that lately, I.P.K. has been going outside of the house every

day or every other day and that she would say that she's waiting for her

mom to come and get her;

17. On September 20, 2021 at about 2:04 p.m., your Affiant conducted a recorded

interview with Isaac who was read his Constitutional Rights, in the presence of

his attorney, William Harrison, after which he agreed to waive his rights and

provide a statement. Isaac related the following information:

a. He could not recall exact times or details, but remembered that on

September 12, 2021, Lehua took I.M.K. and I.L.K. out in their Lexus, while

he stayed home with I.P.K. and A.J.;

Page 5 of 10
b. Lehua returned in the afternoon with the two girls and they ate dinner

sometime before 6:00 p.m.;

0. He did not recall anyone in the family leaving the house that evening;

d. He last saw I.P.K. at approximately 7:00 pm in the kitchen with Lehua;

e. He went to bed sometime between 8:00 p.m. and 8:30 p.m. and did not

wake up until about 6:30 a.m. on September 13, 2021, when he heard

Lehua screaming that I.P.K. was missing;

f. After checking around the house for I.P.K., he left in their Lexus to drive

around the area while Lehua contacted the police;

g. Isaac stated that he went to work on August 19, 2021. He was scheduled

to be off on August 20, 2021. On August 21, 2021, he woke up feeling ill

and went to an emergency room for treatment. He was seen for possible

COVID symptoms;

h. Isaac further stated that he took vacation from work for approximately two

weeks from August 21, 2021 to September 7, 2021 as a result of the

doctor visit.

18. Isaac denied any involvement in the disappearance of I.P.K.

19. On September 13, 2021, video surveillance was recovered from the Kalua

residence. I.P.K. was last seen on the surveillance cameras on August 18, 2021

20. On November 5, 2021 at about 1:30 p.m. Detective Shayne Iwamoto

(hereinafter "Detective Iwamoto") conducted a recorded interview with I.M.K.

I.M.K. related the following information:

Page 6 of 10
a. That she was asked to keep a secret by Lehua and Isaac regarding what

happened to I.P.K.;

b. I.M.K. stated that the secret was that I.P.K. was in the bathroom in a dog

cage, duct tape on her mouth and nose, and she didn't wake up. I.M.K.

further stated that she, the two smaller children, Isaac and Lehua were

sleeping when they got up at 3:32 a.m. Lehua and I.M.K. went to check on

I.P.K. in the bathroom and I.P.K. "didn't wake up." I.M.K. then was told to

go back to sleep and Isaac and Lehua stayed up. She does not know

where they put I.P.K. the next morning;

c. I.M.K. also stated that she was asked to keep that secret around two

months ago and that she knows I.P.K. is dead because she was there.

I.M.K. stated she was there because her parents woke her up;

d. After being woken up she went into the bathroom and saw that I.P.K. had

duct tape on her nose and mouth, and was not breathing. Lehua then filled

the bathtub with water and put I.P.K. in it to see if she would wake up, but

it did not work. I.M.K. then had to help carry I.P.K. to their bedroom;

e. With regards to the bathtub I.M.K. explained that they took I.P.K. out of the

cage and put I.P.K. in the bathtub but she still did not wake up;

f. According to I.M.K., Lehua woke up first and then woke up Isaac. At the

time I.M.K., Lehua, Isaac, I.L.K. and A.J. were the only ones at home;

g. According to I.M.K., after Lehua filled the bathtub and I.P.K. would not

wake up, Lehua then drained the bathtub and a few days later Isaac went

to Kaiser to "pretend that he was COVID";

Page 7 of 10
h. I.M.K. stated that she knew Isaac was pretending because she knows that

he took off work to "help mom." When asked why Isaac would need to

help mom, I.M.K. stated "to get rid of the stuff...evidence";

i. I.M.K. stated that when Lehua bought the dog cage via the internet, she

was there. The family did not have a dog at the time;

j. I.M.K. stated that Lehua bought the dog cage because I.P.K. would sneak

around at night and want to eat because she was hungry. I.M.K. stated

I.P.K. would be hungry because Lehua would not feed her. I.M.K. tried to

sneak food to I.P.K. on occasions but Lehua would catch them and

become upset. So, Lehua bought the cage to keep I.P.K. inside of it at

night;

k. Lehua put duct tape on I.P.K. "plenty of times" because I.P.K. would sneak

around and eat. I.M.K. stated that she believes the duct tape came from

Isaac's job and that Isaac had seen both I.M.K. and I.P.K. tied up with duct

tape on other occasions and did nothing.

21. A check of 911 calling systems showed that there was no call made to 911

dispatch from the time period of August 1, 2021 to September 12, 2021 from

either Lehua or Isaac regarding an emergency at their home;

22. Pursuant to search warrants approved and signed by the Honorable Karin L.

Holma on October 15, 2021, your Affiant received medical records from the

following health centers: Waimanalo Health Center(S.W. No. 2021-499),

Shriner's Hospital (S.W. No. 2021-498), and Adventist Health (S.W. No. 2021-

497) also known as "Castle." The records included the time period from

Page 8 of 10
February 2019 to September 13, 2021. None of the records received by Affiant

included any visits by I.P.K., to either the Emergency Rooms or their respective

health centers during the time period between August 1, 2021 and September

13, 2021.

23. Surveillance video recovered from the residence on September 13, 2021

showed other members of the family, including Lehua, Isaac, I.M.K., I.L.K, and

A.J. about the residence at various time after August 18, 2021 to and including

September 13, 2021.

24. The above-referenced events occurred in the City and County of Honolulu, State

of Hawaii.

Page 9 of 10
Based on the facts and circumstances and positive identification of ISAAC

KALUA III, also known as "Sonny", probable cause exists for the arrest of ISAAC

KALUA III, also known as "Sonny", for Murder in the Second Degree.

WHEREFORE, your affiant respectfully requests that based upon the facts and

circumstances contained in this affidavit, a warrant of arrest be issued for said ISAAC

KALUA III, also known as "Sonny", for the charge of Murder in the Second Degree; that

said ISAAC KALUA III, also known as "Sonny," be brought forthwith before this Judge or

detained subject to the order of this court or any other court in which the offense to

which ISAAC KALUA III, also known as "Sonny," is triable for violations of Sections 707-

701.5, 706-656, 702-203, and 663-1.6 of the Hawaii Revised Statutes;

FURTHER AFFIANT SAYETH NAUGHT.

p^ective Alan Oku


Honolulu Police Department

Subscribed and sworn to before me

this day of November, 2021,


at a.m.//(5.rh^

JUDGE
DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION

Page 10 of 10

You might also like