After much legal wrangling, Byron Say’s preliminary hearing was continued until Wednesday, Aug. 24. Judge Trudy Senda said it would be held in court room two of the new Kaua‘i Judiciary Complex. Say’s preliminary hearing had been scheduled for yesterday
After much legal wrangling, Byron Say’s preliminary hearing was continued until Wednesday, Aug. 24.
Judge Trudy Senda said it would be held in court room two of the new Kaua‘i Judiciary Complex.
Say’s preliminary hearing had been scheduled for yesterday in Lihu‘e District Court.
But before that took place, Say, with attorney June Ikemoto at his side, entered a no contest plea to operating his vehicle while under the influence of an intoxicant (OVUII) on June 25 in connection with an incident that left a Kaua‘i woman badly injured.
According to District Court records, Say was charged with allegedly driving under the influence of morphine, methamphetamine and amphetamine at the time of the accident.
The charge was based upon the findings of a toxicology report.
Say, who faces five other charges in the case, was charged less than two days after he was arraigned in Hanalei Court July 27.
According to County Prosecutor Craig De Costa, a first offense OVUII charge of an intoxicant is a petty misdemeanor.
Judge Trudy Senda declared Say guilty of the OVUII charge. Sentencing will take place Tuesday, Nov. 22, following a full presentencing investigation requested by prosecuting attorney Thomas Haia.
Say’s case was recalled yesterday because the prosecution wanted to consolidate all the charges rather than handling two separate cases.
Haia told the court he had neglected to make such an oral motion.
Senda said her inclination was to have Haia present a written motion to do so, and to have Ikemoto file her rebuttal.
Senda set the hearing on the motion to consolidate for Thursday, Aug., 18, at 2 p.m.
The original date had been sent for Sept. 7 but this would have occurred after a 30-day period following Say’s arraignment had passed.
Haia had planned to call Steve Wheeler as a witness yesterday. Wheeler was driving the motorcycle that Say allegedly rear-ended with his vehicle on June 25. Lisa Wilson, the passenger on the motorcycle, sustained multiple fractures and internal injuries in the incident.
She spent a month in Queens Medical Center. Earlier this week, Wilson had shoulder replacement surgery at Kauai Veterans Memorial Hospital.
Wheeler and Wilson are considering hiring lawyer Mark Zenger to represent them in civil matters.
Wheeler is scheduled to return Aug. 24 to testify, as is police officer Brian Silva.
According to police records and Richard Minatoya, first deputy county prosecuting attorney, 36-year-old Say, who gave Kaua‘i Police Department officers both Hanalei and Kapa‘a as his towns of residence at the time of his arrest, was charged in connection with an accident involving death or serious injury. Say allegedly 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.
Aggregate bail was set at $5,000. Senda raised the bail to $8,000, or less than half of what Haia requested at Say’s arraignment, but imposed strict bail guidelines for Say.
