An autopsy report shows a Kaneohe man died after being restrained because he could not breathe.
In a recent turn of events, the death of Stephen Dinnan has been ruled a homicide. This comes less than two months after the medical examiners office said "no assault type injuries" were found on 35-year-old's body.
The new information also says Dinnan had a significant injury to his neck.
"Homicide by its very nature means the person died as a result of another person or persons conduct," says Myles Breiner, attorney for the Dinnan family.
We're told Dinnan's family believes that police used excessive force when arresting him last month in Waimanalo. They want someone to be held accountable for their loved one's death.
The family's attorney says HPD is not capable of policing itself and so they've requested for an outside agency to conduct the investigation.
"At this juncture, HPD has taken the position that nothing wrong occurred. Well that's in direct contrast to the medical examiner's conclusion that Stephen Dinnan died from homicide," says Breiner.
HPD says Dinnan was arrested after fleeing from police who showed up at a Waimanalo home looking for a stolen truck.
Myles Breiner says the FBI is currently investigating what happened.
"So it has to be determined, was that conduct negligent, was it reckless, or was it deliberate," says Breiner.
The Honolulu Prosecutors office is not yet investigating this case as they're awaiting HPD's internal report.
The officer who arrested Dinnan is a 25 year veteran and was initially put on leave, but is now back at work.