Former Maui police officer indicted for deprivation of civil rights allegation

A former Maui police officer was arrested Tuesday on a two-count indictment for allegedly using a Taser on a member of the public without apparent legal justification, according to authorities. The indictment against Carlos Frate, 40, of Kīhei, also alleges that he falsified a police incident report with the intent to obstruct the investigation into the use of force.

The indictment was returned by a federal grand jury on Jan. 16, 2025, and an arraignment in federal court is set for Jan. 22, 2025.

The indictment alleges that Frate deprived another person of the right to be free from the use of unreasonable force by tasing that person without legal justification, according to an announcement by Acting United States Attorney Kenneth M. Sorenson.

Maui police say the charges stem from an incident that occurred on Jan. 6, 2024, during a disorderly conduct report in Kīhei.  Police say Frate served for 14 years and was terminated earlier this year.

“We hold ourselves to the highest standards of accountability and transparency,” said Chief of Police John Pelletier in a news release. “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.”

The department is reportedly working in full cooperation with federal authorities to ensure a comprehensive and impartial review.

“Our community deserves accountability,” Chief Pelletier added. “We are taking deliberate steps to reinforce our commitment to fair and equitable law enforcement practices, ensuring that every individual’s rights are upheld.”

If convicted of the charged offenses, the defendant would face up to 10 years in prison on the deprivation of civil rights charge, and up to 20 years in prison on the false report charge.

The charges in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. In the case of conviction, any sentence would be imposed by a United States District Judge based on the statutory sentencing factors and the advisory United States Sentencing Guidelines.

The Maui Police Department made the initial referral to the federal government, and the charges resulted from an investigation by the Federal Bureau of Investigation and Maui Police Department. The case is being prosecuted by Assistant US Attorney Michael F. Albanese.

The investigation is ongoing.