Officer tases man who raised hands in surrender in Hawaii, feds say. He’s fired
A longtime Maui police officer is accused of tasing a man “without legal justification” and then writing a false narrative about the incident, federal prosecutors said.
Carlos Frate, 40, of Kihei was arrested Jan. 21 after a federal grand jury indicted him in connection with deprivation of civil rights under color of law and making a false report, the U.S. Attorney’s Office for the District in Hawaii said in a Jan. 21 news release.
He faces up to 10 years in prison for the first count and up to 20 years for the second count if convicted, prosecutors said.
McClatchy News reached out to Frate’s attorney Jan. 22 and was awaiting a response.
The tasing happened during a disorderly conduct incident in January 2024, according to the Maui Police Department, which fired Frate earlier this year after 14 years of service.
Frate wrote in an incident/investigation report that he’d ordered a man who was in a “fighting stance” with clenched fists to get on the ground before tasing him, and then he tased the man again after the man “continued standing in a fighting stance,” an indictment said.
However, the man’s “hands were open and (he) was not in a fighting stance when Frate initially approached (him),” and Frate fired his taser without first ordering the man to get on the ground, the indictment said.
Frate fired his taser again after the man “had already cooperated, gotten on the ground, and raised his hands in surrender,” according to the indictment.
Maui Police Chief John Pelletier said in a Jan. 21 news release that his department referred the case to federal authorities and is cooperating.
“We hold ourselves to the highest standards of accountability and transparency. When our officers fall short of these standards, we must address those failures with impartiality and integrity. This referral underscores our commitment to ensuring justice and maintaining public trust,” he said in the release.
This story was originally published January 22, 2025 at 3:16 PM with the headline "Officer tases man who raised hands in surrender in Hawaii, feds say. He’s fired."
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