"Emergency-- what is the problem?" "Get an ambulance." "It's Lieutenant Kelly-- he's been shot!" "Please!" "Come quick!" "He's not moving!" "You've got to hurry!" "(Hawaii Five-O theme song plays)" "♪ Hawaii Five-O 4x13 ♪ Hana Lokomaika'i (The Favor) Original Air Date on January 17, 2014" "== sync, corrected by elderman == @elder_man" "♪" "(man speaking indistinctly over P.A.)" "Where's my father?" "They're taking him into surgery now." "Is it bad?" "John, what the hell happened?" "I spoke to first-on-scene." "They said it was an apparent convenience store robbery." "Your, uh..." "your dad was off duty when he confronted the gunman." "Did we get anything from the store owner?" "Not much." "He was on the floor when it all went down, but it looks like the perp shot your dad in cold blood." "Hey, hey, hey." "Kam Tong Kelly is the toughest man I know." "He's gonna pull through this." "I need to see him." "MAN:" "For the record, can you identify who was with you that night," "Lieutenant Kelly?" "My senior partner John McGarrett and ER trauma specialist Malia Waincroft." "And your relationship to Dr. Waincroft?" "We were dating at the time, but... she later became my wife." "I understand that your father didn't make it through surgery, is that correct?" "(distorted voices, beeping)" "MAN:" "Do you need a moment, Lieutenant?" "No, I'm fine." "(sniffles)" "Let's just get this over with." "You said the identity of the shooter was unknown to you at that time." "Is that still correct?" "Yes, sir." "So it wasn't until recently that you confirmed the identity of your father's killer." "That's right." "I already told you all this." "It doesn't matter." "You're being investigated for covering up a homicide." "As a matter of fact, you've been investigated by Internal Affairs before, haven't you, Lieutenant?" "Yes." "Then you know that we've been granted oversight and are invoking the Garrity Rule, which requires you to answer all of our questions, whether you think this is a waste of time or not." "Is that clear?" "Very." "MAN:" "Lieutenant, can we talk about how the identity of your father's murderer became known to you?" "Yeah." "Uh, we caught a case five days ago." "There was a DB in a warehouse on Sand Island." "CHIN:" "You ever seen anything like this?" "STEVE:" "Never." "(siren wailing in distance)" "Max, what'd they use to torture this guy?" "Uh, well, given the pinhead-sized singe marks," "I'd say the implement that was used was an acetylene torch." "So the cause of death is what?" "Shock." "Most likely from being repeatedly burned at 6,000 degrees Fahrenheit." "So he was cooked to death." "Based on the physical morphology of the injuries," "I'd estimate several hours of systematic torture." "Something like this-- might be cartel-related." "Drugs, money, murder for hire." "If that's the case, whoever ordered this is a major player in that world." "MAN:" "Turns out, your instinct was right." "Were you able to ascertain the name of this so-called major player?" "Yes." "During the course of our investigation." "MAN 2:" "And for the record, can you identity the suspect?" "Gabriel Waincroft." "MAN:" "Is this man" "Gabriel Waincroft?" "Yeah." "Let the record show" "Lieutenant Kelly identified, uh, the suspect from case evidence photo 13-176424." "Also for the record, would you state your relationship with Mr. Waincroft." "He's my brother-in-law." "Hey." "I spoke to Steve today." "He's thinking about becoming a Navy SEAL." "(laughs)" "I mean, it's kind of a relief." "I thought sure he'd want to be a cop." "How's your mom doing?" "About as good as can be expected." "Why don't you take a few days?" "You know?" "Be there for her..." "Yeah, thanks, but I already offered." "Moms can be stubborn like that." "Yeah." "If she needs anything, don't be shy." "Malia." "MALIA:" "Hi." "Um, sorry to barge in on you..." "JOHN:" "No, sit down." "Have some coffee." "I wish I could." "Chin, could I see you for a moment?" "Yeah, sure." "Oh..." "Ah, ah." "Hey." "Forget about it." "Thanks." "MALIA:" "I hate coming to you with this, especially now, but you know my brother." "He's a good kid." "What did he do?" "They say he stole a car." "(sighs)" "HPD brought him in about an hour ago, but they haven't processed him yet." "I just spoke to him, and he sounds really scared." "Yeah, I'll bet he is." "If they book Gabriel, that record's going to follow him the rest of his life." "All right." "All right." "I'll, uh..." "I'll see what I can do." "MAN:" "So what did you do?" "How about I tell you what you did?" "You persuaded the complainant not to press charges, got a withdrawal complaint signed, killing the case" "Gabriel was a kid." "(chuckles)" "Weren't you a kid once?" "Lieutenant Kelly, Gabriel Waincroft was 18 years old." "That's no kid." "He stole a car." "We call that grand larceny, and you, as a sworn officer of the law, ignored that." "You got a history of covering for family members who break the law, don't you, Lieutenant?" "What's that supposed to mean?" "Your uncle stole drug money from a police evidence locker, and you kept that quiet for years." "I don't see how that's relevant." "Seems to be part of a pattern;" "I think that's more than relevant." "That's exactly the reason why we're here to to find out what you knew and when you knew it, and if there was a cover-up." "Gabriel had never been in trouble before." "Not for anything." "I figured if I could just set him straight, he wouldn't do anything like this again." "(scoffs)" "Well, I guess you figured wrong." "What the hell were you thinking?" "I don't know." "That's not an answer." "I'm sorry." "We were just goofing around." "Goofing around." "You know you could be in jail right now?" "What, you got someplace you got to be?" "I'm cool." "Just 'cause I'm in the picture doesn't mean you have a "get out of jail free" card, okay?" "This is a one-time thing." "The next time, you are on your own." "You hear me?" "I didn't ask for your help." "No, but your sister did." "And after everything she's done for you, you owe it to her to keep your nose clean." "You broke her heart, Gabriel." "I'm sorry." "Those are words, brother, just words." "You really want to make it right?" "You get a job." "You show your family you got something to offer besides heartache." "I hear Rainbow is hiring." "What, pushing loco moco to haole tourists?" "No way." "What, you got bigger plans, is that it?" "Maybe." "You messed up, Lieutenant." "Yeah, I heard you." "By letting that kid go, you sent a message that he was bulletproof." "And that created a monster-- a monster that's left a trail of blood from here to Sinaloa." "What I don't get is how you could let that happen." "You were a cop, and yet you let that kid manipulate you from day one." "How come you couldn't see that?" "Maybe you couldn't see it coming 'cause you were rolling around in bed with his sister." "Say something else about my wife." "Take a swing or sit your ass back down." "Go to hell." "Hey." "Chin, this is what they do." "Try to get under your skin." "Well, it's working." "STEVE:" "Hey." "You got to take the personal out of it." "How the hell am I supposed to do that?" "There's no way not to make that personal!" "Chin, stop." "This is the game." "They put you to the test, and you're gonna pass that test, but you got to answer their questions, and you got to answer them straight, take all the emotion out, okay?" "What if I was wrong?" "What are you talking about?" "I was in love with Malia." "Maybe my judgment was clouded." "Maybe I just didn't want to believe that her brother was capable of murder!" "BRANCH:" "I understand you have a DB down there by the name of Amos Koi." "Yeah, that's right." "He was burned to death." "What's DEA's interest in it?" "We believe he's been working as a pilot for hire for some Pacific Rim drug smugglers." "KONO:" "Any gang in particular?" "The Culiacan Cartel out of Sinaloa, Mexico." "Okay, so maybe Koi wronged his bosses." "Uh, he ripped them off and then paid the price." "That's certainly a viable theory, considering the cartel boss arrived on your island three days ago." "Who is he?" "I'm putting up a photo now." "Agent Branch, are you sure this man is the boss?" "Yeah, he's definitely our man." "STEVE:" "Chin, what's the matter?" "You know this guy?" "Yeah, his name is Gabriel Waincroft." "He's Malia's brother." "What's this about?" "You insult my wife again, you might as well keep it for what I'm gonna do to you." "(chuckles)" "I'll take that under advisement." "Now, where were we?" "JOHN:" "In Ecclesiastes, we're told to everything there is a season." "A time to every purpose under heaven." "Time to be born." "Time to die." "Time to laugh." "Time to weep." "This is one such time." "Kam Tong Kelly was the best man I ever knew." "His love of life was exceeded only by his love of family, which everyone here today was a member." "A life full of commendations and awards meant nothing to him compared to the pride that he felt when his eldest son," "Chin Ho, enrolled in the police academy." "It is through him that Kam Tong's legacy continues." "A legacy that embraces all of us who were lucky enough to have known him." "Attention!" "(guns firing salute)" "(officer shouting commands, gunfire continues)" "♪" "(bell ringing)" "(man chanting quietly)" "(continues chanting quietly)" "Excuse me." "Hey." "I'm so sorry." "Mahalo." "I'm here for you, cuz." "If there's anything you need." "Win Bali." "Dad loved watching you surf." "(chuckles softly)" "Uncle was a very special man." "OFFICER:" "All right, guys, let's move out." "Excuse me, Kono." "Okay." "John?" "What's going on?" "The crime lab just got a case-to-case hit on the gun used to kill your dad." "Suspect's name is Ronald Palau." "He was questioned last year in a homicide." "Where is he?" "Pearl City." "I want to be first through the door." "Whoa, Chin." "I'm under orders to keep you out of this." "I don't give a damn what the bosses want." "No way I'm standing down." "Kind of figured you'd say that." "Come on." "Police!" "Get on the ground!" "I said get on the ground!" "Show your hands!" "Easy, brah." "Hands, you son of a bitch." "MAN:" "Sergeant McGarrett told you to stand down." "Is that correct?" "Yes." "And he was relaying a direct order from HPD command." "You were told not to participate in any aspect of your father's murder investigation." "That's right." "But I don't know any cop who wouldn't have done the same thing." "This was my father we're talking about." "Mm-hmm." "That house that you hit-- you never found the man who murdered your father, did you?" "No." "Ronald Palau owned the gun, but it turns out his son sold it without telling him." "Name?" "Harold Palau." "Did you ever find the man who bought the weapon from Harold Palau?" "No, Harold was a meth tweeker." "He wasn't gonna give us a name." "Also, it was a cash transaction." "There was nothing to trace." "We hit a dead end." "But that wasn't the end of it, was it, Lieutenant?" "No, a couple weeks later, we caught a break." "Found the murder weapon in a storm drain in Waikiki." "Managed to pull one viable print, crime lab ran it, and we got a hit." "♪" "Hey, pig, private party!" "That's my invite." "Where is he?" "!" "You're not gonna kick that one down." "Let me borrow that." "On your knees!" "Okay, okay!" "On your knees!" "Don't shoot." "On your knees, now!" "Hands behind your back." "I'm sure you've done this before." "I got to get me one of these." "MAN:" "So as far as you were concerned, you had your killer." "Well, that's what we thought." "But when we took the picture down to the convenience store owner, he said that Luna was not the man who murdered my father." "I understand the store owner was in the hospital when you went for the I.D." "Is that correct?" "Yeah, he, uh... suffered a stroke after the robbery." "He had some aphasia and memory loss, but he was pretty adamant that Luna wasn't the guy." "Yet, you had Teddy Luna's prints on the weapon." "Luna admitted to handling the weapon, but denied knowing anything about the murder." "Did you believe him?" "Doesn't matter what I believed." "We charged him with criminal possession of a weapon." "He made bail, took a plea and walked with no jail time." "You just let him go?" "We had no choice!" "(laughs) But without Teddy Luna, you-you never would've I.D.'d your father's killer." "Yeah." "Luna did inadvertently provide us with a clue, but we were never able to get anywhere with it." "Can you elaborate on that?" "Okay." "So after Luna was released," "John McGarrett and I started investigating his known associates." "I recognize this one." "That's Luna's cousin on his father's side." "He snitched for me in the past." "Where can we find him?" "He used to work the door at a gentlemen's club on Kapiolani." "(door opens)" "(door closes)" "Hey." "Hey, cuz." "Hey, Kono." "Uh, you okay?" "I've been looking for you." "Yeah, just been busy." "Yeah, I see." "Any luck?" "Yeah, we're getting there." "Hey, hey, hey." "You can have a sip when you're 21." "(groans)" "JOHN:" "Nice try, kid." "Hey, who's that guy?" "Him?" "Small time loser named Teddy Luna." "Hangs with a local gang." "Huh." "Kono, you see something?" "Yeah, his tat." "Um, Malia's brother just got the same exact one." "Gabriel?" "Yeah." "Are you sure?" "Yeah, we were surfing Rock Piles yesterday, I saw it." "That's a gang tattoo." "Could be Gabriel was recently initiated." "Question is:" "what did he do to earn it?" "Chin, hey." "What's up?" "(grunts)" "What the hell, dude?" "!" "Take off your rash guard!" "What?" "You heard me." "How did you get that?" "What do you mean?" "You know what I mean!" "What did you do to earn it?" "!" "Nothing, man." "It's just ink." "Don't you lie to me!" "You don't get to wear that unless you prove yourself." "So I'm gonna ask you one last time." "What did you do to earn that tattoo?" "MAN:" "What was his answer?" "He denied any gang involvement." "Said he got the tattoo to impress a girl." "Did you believe him?" "(quietly):" "No." "You were aware at that time the description the store owner gave to police didn't match your suspect Luna." "It did, however, resemble your brother-in-law." "The description given to HPD was rough." "Rough or not, the I.D. gave you reason to come down hard on Gabriel." "Isn't that right?" "Yeah." "There was no way to be sure." "So, how did you follow up?" "I took Gabriel's picture to the store owner in the hospital." "Unfortunately, he passed away the night before." "Oh." "So you were never able to ask him if your brother-in-law was the man who murdered your father?" "That's right." "And you had nothing that would tie Gabriel Waincroft to the gun?" "Nothing." "So, in other words, that was the end of your case?" "Over the years, we followed up on a lead or two, but nothing ever came of it." "But you always suspected that Gabriel Waincroft was guilty, didn't you?" "He had an alibi, and it checked out." "And there was never any evidence linking him directly to the crime." "Deep down inside, you had to believe he was involved, didn't you?" "Okay, let's take your wife out of the equation for a moment, okay?" "I want you to think very carefully before you answer." "Did you or did you not suspect that Gabriel Waincroft was the man who killed your father, Kam Tong Kelly?" "As I said, he was thoroughly investigated." "That's not the question." "You're being too cute by half." "I did my job!" "Quit that damn gymnastics!" "Answer me!" "You thought Gabriel Waincroft killed your father?" "Yes." "If Gabriel murdered Chin's father, why would Chin cover that up?" "Chin was in love." "Love is like temporary insanity." "We do things we'd normally never do, like, uh, disregard our sworn duty, or align ourselves with people who used to be our enemies." "You can understand that, can't you, Officer Kalakaua?" "Any comment?" "Turn off the video camera, I'll give you a quote." "Uh, continuing on." "You said earlier Chin Ho never told you he suspected his brother-in-law in killing his father?" "That's right." "You two are cousins, that true?" "We are." "So you expect us to believe that he carried around that suspicion all this time and never mentioned it to you?" "I don't really care what you believe." "It's the truth." "(laughs)" "Officer Kalakaua, you are on the record." "Please remember that." "Well, then let the record show that this is bull, because you have Chin Ho in the crosshairs, and you're gonna twist whatever I say to suit your agenda, so I don't even know why I'm wasting my time." "Officer Kalakaua, let me remind you that your immunity and means doesn't effect this proceeding." "Even the governor can't help you now." "So I would suggest you stow your attitude and sit back down." "We're not even close to being done." "Please." "No, Chin Ho Kelly, uh, never went into detail about his father's murder." "But that's..." "that's the type of man he is." "He doesn't want to burden anybody with his troubles." "But this was his father we're talking about." "Of all people, Commander, you could understand wanting closure." "What did you say?" "You heard what I said." "Nice try." "You're way out of line." "I'm out of line?" "One of your men let a killer run free for 15 years." "Suspecting and proving murder are two very different things." "Now, if you two have got any evidence that you can back up these claims you have against Chin Ho Kelly about him subverting the law, I'd like to see it." "That's the point of this investigation, Commander." "If there was evidence, we believe" "Chin Ho made it disappear to protect his family." "Gabriel was nowhere near as important to Chin Ho as his own father." "That might have been true." "But the old man was dead, and there was nothing Chin Ho could do about that, except circle the wagons and protect his family." "And from everything we know about your unit, family comes first." "You implying that I'm hiding something now?" "Is that what you're saying, that this is a big cover-up?" "Look, we're all cops here." "We know how this works." "You have each other's backs, right?" "But something like this-- you turn your back on a murder and letting that suspect grow into an even more dangerous sociopath-- that violates the code of silence." "You got that?" "If I knew for one second that Chin Ho did what you two are saying he did," "I would have been the first one to book him." "You know what I'm going to say, don't you?" "Yeah, that you want to pull me off, that I'm too close." "That's S.O.P., Chin." "Since when do you follow procedure?" "I trust you, Chin." "You know that." "But I got to ask you this." "Did you ever have any idea what Gabriel was up to this whole time?" "Steve, if you trust me, you already know the answer." "MAN:" "So, what you're saying is, you had no idea that you gave a free ride to the kid who would become a ruthless cartel drug lord?" "Look, all I knew was that two years after my father died," "Gabriel told Malia that he was leaving to take a construction job on the mainland." "Either you or your wife have any contact with Gabriel after that?" "Malia stayed in contact with him for a few years, but over time, it was just too hard to get ahold of him." "So you're telling us you neither saw nor heard from him after he left for this so-called job off the island?" "Yes, that's what I'm telling you." "Take a look at that." "Tell me what it is." "Looks like phone records." "Be more specific." "Calls from my home line." "That's right." "And as you can see, there were more than 20 calls to a party in the 667 area code." "Where is that," "Lieutenant, the 667 area code?" "I have no idea." "Culiacan, Mexico." "Maybe you want to rethink your answer." "You know, these call dates-- they're all from the time that Malia and I were living together." "That's a very convenient answer, and I guess lucky for you that she can't confirm it." "Something you want to add to the record," "Lieutenant?" "Malia knew how I felt about her brother." "If she really was in contact with him, she would have been smart not to tell me." "So what you're telling us is that your wife wanted to spare you the grief of knowing that her brother was an up-and-coming, drug-dealing, murderous thug." "If she knew what Gabriel was doing, you can be damn sure she would have told me about that and then cut off communication with him immediately!" "But she didn't, did she?" "I already told you, she never said anything!" "I never saw, heard from, or even thought about Gabriel Waincroft until five days ago!" "For the damn record." "Duly noted." "(clears throat)" "Tell us how you found Gabriel, Lieutenant." "Once we identified the warehouse victim as Amos Koi, we went to his house." "It had been tossed, and his wife and kid were missing." "We later tracked them down to a farmhouse near Kualoa Valley." "♪" "♪" "(muffled cry)" "Hey, it's okay." "It's okay." "Hey, hey, we're the good guys." "You all right?" "I'm gonna cut these ropes." "Where's your mom?" "Some guy took her." "Okay." "Where?" "Do you see where we are?" "Yes." "Okay, good." "Now, what I want you to do is real simple." "Just walk into the bank like you're a normal customer, get my money from your husband's safety-deposit box, and bring it back to me." "It's easy, right?" "If there's a penny less than the $2 million your husband stole from me," "I will call my friends and your son dies, you understand?" "I understand." "I want to show you something." "(sobs)" "You open your mouth to anyone-- the bank guards, a teller, even the guy you're standing behind in line... (sobbing) ...and your son will look just like that." "MAN:" "So, according to Mrs. Koi, she went into the bank, took the money from the safety-deposit box." "That's what we learned as well." "But before she could return it to Gabriel, he was confronted by the police." "Yeah." "When we got there, she was on her way out, but we couldn't implement a tactical plan because Gabriel made us." "(tires screech)" "Gun!" "(people screaming)" "(people screaming)" "(people screaming)" "(tires screech)" "Gabriel!" "♪" "(gun clicking empty)" "(grunting)" "Hold it right there!" "Where do you think you're going?" "!" "I'm bleeding." "I can see that." "You gonna call an ambulance?" "What I should do is throw you off this damn roof!" "And I should do the same to you for not protecting my sister." "Because of you, she's dead." "You murdered my father, you son of a bitch." "Tell me why!" "Why?" "!" "Wrong place, wrong time." "♪" "Do it." "Man up, bro, if you want to ride with us." "Come on, mark, you jumping in or what?" "Give me that." "(car drives away)" "ANNOUNCER:" "And it's another great save by Oahu State..." "Open that register, old man, and give me the money now!" "Here's a chance for Oahu State..." "Open it!" "Faster!" "Come on!" "ANNOUNCER: ...as Varner steps up to the line." "The ball's served." "Easy return." "Ausbrook up to spike it." "And it's a punishing kill by Oahu!" "Gabriel?" "ANNOUNCER:" "No one even had a hand on that." "What are you doing?" "ANNOUNCER: ...and this crowd is on their feet!" "Varner's back to the line." "Here comes the serve." "Spike returned and a miss hit by Ausbrook." "But Varner's there to pick it up!" "Sets... and Blanders attacks!" "GABRIEL:" "I didn't have a choice." "You could have put the gun down." "And gone to jail?" "No way." "I don't do time." "Well, you do now." "(both grunting)" "Wait!" "I got $25 million in an overseas bank account." "It's yours." "All you got to do is just turn around and walk away." "$25 million!" "That's more money than you'll ever see in ten lifetimes as a cop." "(groans)" "What do you say, huh?" "You have the right to remain silent." "Anything you say can and will be held against you." "You have the right to an attorney." "(groans)" "If you cannot afford an attorney, one will be appointed for you." "(grunts)" "Are you saying you weren't tempted to take that money... even a little bit?" "I'm gonna pretend you never asked me that." "Hey, pretend all you want, but that money, $25 million, was never recovered." "Answer the question, Lieutenant." "We're done." "Fine." "Any more questions, we'll be in touch." "Lieutenant..." "What?" "You've had quite a bit of bad luck, haven't you?" "You say you're a good cop, but trouble always seems to find you somehow." "You got something more you want to say to me, you say it, or shut the hell up." "I'll catch you later." "Commander, we're ready for you." "(seagulls calling)" "♪" "Sorry." "That's mine." "I'm Malia." "Hi." "I'm Chin Ho Kelly." "So... what do you do, Chin Ho Kelly?" "I'm a cop." "Uh, I'm gonna be a cop." "I'm in the academy." "I'll bet you'll look really cute in uniform." "(chuckles)" "So, can I have my board back now?" "Not unless you let me take you to dinner." "You can keep it." "Wait, what?" "I'm sure I'll see you around." "(laughs)" "Nice to meet you, Chin Ho Kelly!" "== sync, corrected by elderman == @elder_man"