Honolulu Prosecuting Attorney Peter Carlisle today ruled the use of deadly force by police in the March 19 shooting of a theft suspect at Pearlridge Center was justified.

Thomas Joseph Loewe, 47, of Hilo was shot while attempting to drive off from the second-floor parking lot at Pearlridge Center Phase III after being confronted by police, who were attempting to arrest him for first-degree unauthorized entry into a motor vehicle. Police allegedly saw him taking items from another vehicle.

The law, an officer is permitted to use deadly force against another person when the officer is making or assisting in making a felony arrest and certain conditions exist, Carlisle said.

"The conclusion based on numerous witness statements, photographs, and our own investigation and analysis is there was not sufficient evidence to pursue criminal charges (against the officer)," the city prosecutor said.

Findings supported facts that Loewe attempted to flee from officers in his car, collided with other vehicles — both occupied and unoccupied — and placed several police officers at risk of serious bodily injury or death, Carlisle said.

Based on Loewe's failure to heed officers' orders and warnings and his show of disregard for the safety of those around him in a public place, "the officer in question reasonably believed that deadly force was immediately necessary to prevent Loewe from causing harm to the other officers and public if Loewe left the area," Carlisle said.

The Honolulu Medical Examiner's officer listed cause of death as "exsanguination due to gunshot wound to the torso" and "significant multiple gunshot wounds" as other conditions. Police Chief Boisse Correa said in March that five shots were fired.

The homicide was investigated separately for criminal and administrative action by HPD's Internal Affairs Division, which recently submitted its report to prosecutors.