Motion made to exclude evidence

LIHU’E — A man accused of being behind the wheel of a car that hit a motorcycle from behind, then ran over the passenger on the motorcycle, causing serious injuries, wants to suppress evidence found during what his attorney called an illegal search.

Byron Say was arrested and charged in connection with a June 25 accident near Hanalei that sent a woman to the hospital with serious injuries.

Say allegedly rear-ended a motorcycle with his vehicle, and then allegedly ran over motorcycle passenger Lisa Wilson of Kalaheo.

He then allegedly fled into nearby taro fields off Kuhio Highway near the Kuhio Highway, one-lane bridge over the Hanalei River.

On Thursday, Say’s attorney, June Ikemoto, made a motion to ask Judge Kathleen Watanabe to suppress evidence that was found during an alleged illegal search.

Kaua’i Police Department Officer Brian Silva testified that he responded to the collision between the car and the motorcycle.

Silva said he saw Say coming out of some bushes along the roadway. The officer said bystanders told him that Say was the driver of the car that hit the motorcycle.

Silva arrested Say for allegedly leaving the scene of an accident.

Silva testified that he did a weapons search of Say. During the process, Silva said that he patted down a fanny pack that Say had, then opened it.

Ikemoto argued that opening the fanny pack constituted an illegal search.

Deputy County Attorney Thomas Haia argued that it was a legal search.

The officer was concerned for his well being, and for the well being of the people around him, said Haia.

Watanabe took the officer’s testimony, along with Ikemoto’s and Haia’s arguments, under advisement, and will issue a ruling later, she said.

What also came out in court were some more details on what allegedly happened after the accident.

Along with the fanny pack, Say also had a backpack with him, according to KPD officers.

Ikemoto pointed out that her client did not resist arrest.

A drug-sniffing dog was used to check items Say had.

Say was charged with one count of causing serious bodily injury to another person while operating a vehicle.

He was also charged with leaving the scene of an accident.

Additionally, he was charged with promoting a dangerous drug, and with possession of drug paraphernalia.


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