A glimpse of the plea deal offered to Byron and Aquila Say was given yesterday in Circuit Judge Kathleen Watanabe’s courtroom.
Byron and his sister-in-law, Aquila Say, were offered a combined plea deal hashed out by prosecuting and defense attorneys, however, Watanabe does not have to honor the deal. Watanabe also determines sentencing, which includes whether possible multiple sentences would be consecutive.
The county brought charges against Byron Say in three separate cases that include allegations of third-degree promotion of a dangerous drug and possession of drug paraphernalia. In that instance, police said drugs were found in Say’s possession in June 2005 when he allegedly ran over Lisa Wilson, who was on the back of a motorcycle.
Say also was charged with methamphetamine trafficking, first- and second-degree promotion of a dangerous drug and two counts of possession of paraphernalia, related to a March 2006 arrest in Kapa‘a. Also in 2006, Say was charged with third-degree promotion of a dangerous drug and attempted tampering with physical evidence for allegedly putting methamphetamine in his holding-cell toilet.
If the plea deal gets the green light, Byron Say would plead guilty to one first-degree promotion of a dangerous drug charge, a Class A felony, and one drug paraphernalia charge, a Class C felony. The state would dismiss third-degree promotion of a dangerous drug and tampering with evidence and bail-jumping charges.
The deal also offers to exempt Aquila Say from allegedly aiding and abetting Byron when he was considered a fugitive.
Criminal charges relating to Wilson’s long list of injuries have disappeared because of double jeopardy, however, Wilson is suing for negligent injury. Wilson also is gathering signatures from residents to demonstrate public outcry in the circumstances surrounding the case.
Byron and Aquila Say’s next scheduled court appearance is Tuesday at 8:30 a.m.