LIHU‘E — Two men involved in a pair of fatal car crashes more than a year ago were arrested within 48 hours of each other last month and are now each set to stand trial for negligent homicide, according to
LIHU‘E — Two men involved in a pair of fatal car crashes more than a year ago were arrested within 48 hours of each other last month and are now each set to stand trial for negligent homicide, according to police and court documents.
Late on the night of Feb. 23, 2008, a Chevy Nova driven by Micah Makana Moke crossed the centerline on Kaumuali‘i Highway near the ‘Ele‘ele Shopping Center, striking an Acura in a head-on collision that caused 67-year-old Kekaha resident Roman Cruz to die at the scene, county officials said at the time.
Moke, 19, of Koloa, was arrested on March 18, 2009, on suspicion of unlawful place to keep a pistol, two counts of third-degree promotion of a dangerous drug, two counts of unlawful use of or possession with intent to use drug paraphernalia, and first-degree negligent homicide, a Class B felony punishable by up to 10 years in prison.
A conviction for first-degree negligent homicide requires that the offender caused the death of another person “by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol,” according to Hawai‘i Revised Statutes Section 707-0702.5.
Officials said at the time of the crash that police believed speed and alcohol may have been contributing factors in the crash.
The indictment was unavailable last week as Moke was to appear in 5th Circuit Court on unrelated charges.
Moke was arraigned on March 19 and pleaded not guilty, according to court documents. His trial is set for June 15 and his bail is set at $15,000.
A second negligent homicide case follows a similar pattern.
Early on the morning of Nov. 24, 2007, a white Nissan sports car driven by Jeremy Ikaika Dang reportedly struck a pedestrian walking on Koloa Road near its junction with Blackstad Road before fleeing the scene, according to a county press release issued at the time.
A 24-year-old Kalaheo man, Jamieson Cosier, a member of the Kaua‘i Men’s Soccer League, died almost two weeks later at The Queen’s Medical Center on O‘ahu.
Dang, 27, of Kalaheo, was arrested on March 20 of this year and charged with third-degree negligent homicide, third-degree promotion of a detrimental drug, and leaving the scene of an accident involving death or serious injury, a Class B felony punishable by up to 10 years behind bars.
Dang was arraigned on March 31 and pleaded not guilty, according to court records. His trial is scheduled to begin June 8. Court records further suggest that Dang posted bail, which had originally been set at more than $11,000 for the three charges, according to KPD records.
Third-degree negligent homicide, the misdemeanor with which Dang is charged, involves “simple negligence,” defined in Hawai‘i Revised Statutes Section 707-0704 as “when the person should be aware of a risk that the person’s conduct will cause” the death of another.
All criminal defendants are presumed innocent until proven guilty.
See a future edition of The Garden Island for further coverage of the two cases.
• Michael Levine, assistant news editor, can be reached at 245-3681 (ext. 252) or via e-mail at mlevine@kauaipubco.com
