The county prosecutor’s office is still awaiting the results of a toxicology test performed on Byron Say and is weighing its options concerning motions for increased bail and possible additional charges. “I haven’t seen the toxicology results, although we have
The county prosecutor’s office is still awaiting the results of a toxicology test performed on Byron Say and is weighing its options concerning motions for increased bail and possible additional charges.
“I haven’t seen the toxicology results, although we have requested that we get whatever reports are ready into our office by today (Friday, July 8),” County Prosecutor Craig De Costa said.
De Costa said without that report, he could neither confirm nor deny what controlled substance Say was allegedly high on the day of the accident or what controlled substance was allegedly found in his vehicle.
Say was released on $5,000 bail late last month after being arrested and charged with four criminal counts in connection with a June 25 accident where he rear-ended a motorcycle driven by 45-year-old Steve Wheeler. The motorcycle passenger, Lisa Wilson, 48, sustained major injuries in the crash and is still in Queens Memorial Hospital with multiple fractures and internal injuries.
De Costa said “once charges are filed, then there will be a case, and once there is a case, we can move to raise bail, and that is whether we go by indictment or if we file a complaint in District Court for arraignment on July 27,” he said.
As for what might happen July 27, De Costa said, “until we see all the reports, I don’t know. It is possible that additional charges (may be sought) and it is possible it will be the same charges.”
Many of the same people who called The Garden Island complaining about Say’s low bail, considering his criminal past, were also wondering how Say could still be legally allowed to drive a car in the aftermath of what happened June 25.
“A lot of people who have gone through this probably wouldn’t want to drive over the first few weeks, if not months,” De Costa said.
“I can’t speak for Byron Say, but as far as legally, normally, if there was a DUI arrest, and there was a refusal to submit to blood and breath testing, or we had a blood or breath result that was higher than .08, they could have administratively taken his license away,” he said.
“However, in this case, because of the negligent injury charge, there was what’s call a mandatory blood draw. So its not a refusal. And because it is a blood draw, the evidence is sent off island. It takes a few days if not weeks to come back,” he said.
“So there wasn’t an ability to arrest him on the DUI (driving under the influence) charge at that time, and administratively forfeit his license, De Costa said.
According to police records and County Deputy Prosecutor Richard Minatoya, the 36-year-old Say, who gave police both Hanalei and Kapa‘a as his towns of residence, was charged in connection with an accident involving death or a serious injury.
Say fled the scene of the accident after first hitting the motorcycle from behind, then running over Wilson’s body, before stopping, according to prosecutors. He then fled into nearby taro fields off Kuhio Highway near the one-lane bridge over the Hanalei River. According to prosecutors, the injury-accident charge is a Class-B felony.
Say was also charged with promoting dangerous drugs, a Class-C felony; possession of drug paraphernalia, a Class-C felony; and causing first-degree negligent injury.
According to police records, Say posted $2,000 bail on the first charge, and $1,000 each for the subsequent charges, for a total bail of $5,000.
De Costa said Say had been arrested previously on drug charges, and had been investigated for drug dealing.
De Costa said his office was not going to rush the case for the sake of expedience.
“We are not going to file charges until we have a full and complete investigation. Sometimes, especially these type of vehicular-type felony offenses, it is a technical and complex investigation that should not be rushed. Or else you may miss a charge, or you may charge incorrectly,” he said.
“(If) it doesn’t match up with the evidence and its comes time for trial, which is the really important stage here, you are going to end up with something different from your evidence and you won’t convict him on what he should be convicted of,” De Costa said.
Minatoya confirmed that Say had served 33 months in prison in connection with two firearms charges in 1998. He was in possession of a silencer and a firearm while in possession of a controlled substance, when arrested on the charges that sent him to prison, Minatoya said.
Minatoya said Say served three years of supervised release.
- Andy Gross, business editor, may be reached at 245-3681 (ext. 251) or agross@pulitzer.net.
