LIHU‘E — Roman Cruz Sr. of Kekaha was on his way home from a Lihu‘e wedding reception, one he helped cook at for some of his friends from the Marshall Islands. His wife Lola Cruz would normally be riding shotgun
LIHU‘E — Roman Cruz Sr. of Kekaha was on his way home from a Lihu‘e wedding reception, one he helped cook at for some of his friends from the Marshall Islands.
His wife Lola Cruz would normally be riding shotgun with her husband, but he had gone to town early in order to help with the reception preparations, so they took two cars.
Lola Cruz made it home safely, leaving the reception about 30 minutes before her husband.
Roman Cruz Sr. never made it home, the victim of a head-on collision near ‘Ele‘ele Shopping Center on Kaumuali‘i Highway in late February 2008. He was 68.
The other driver, Micah Makana Moke, 19, of Koloa, is charged with first-degree negligent homicide, having a pistol in an unlawful place to keep it, possession of drug paraphernalia and third-degree promotion of a dangerous drug.
Police earlier said speed and alcohol may have been contributing factors in the crash.
The negligent homicide charge is a Class B felony punishable by up to 10 years in prison.
Moke is now confined at Kaua‘i Community Correctional Center in Wailua. In March he pleaded not guilty to the charges. But information on negotiations of a possible plea bargain came to light Monday upon his appearance before 5th Circuit Judge Randal Valenciano through Deputy Public Defender John Calma and Deputy Prosecuting Attorney Justin Kollar.
Calma asked for and was granted a continuance in Moke’s case Monday in order to continue plea negotiations, and asked Valenciano if Moke could be considered for referral to Kaua‘i Drug Court. Valenciano said due to the serious nature of the charges, prosecutors would not agree to the referral.
If plea negotiations don’t work, a jury trial is scheduled for Sept. 8 at 8:30 a.m., with a pre-trial conference on Aug. 13.
It was another emotional few moments in court Monday morning, as Lola Cruz, accompanied by daughter Yvette Cruz of California and son Roman Cruz Jr., showed up to see what would transpire.
Lola Cruz and Yvette Cruz, in a telephone interview Tuesday, said their entire large family is still grieving the loss of a man who had 17 siblings — the eight still alive reside mostly in Guam and on the Mainland.
And they remain hurt by what they say is a continued lack of remorse on Moke’s part.
Lola Cruz has grandsons who are Moke’s age, and wants Moke to “face the consequences, especially taking a life; face up to what they’ve done.
“Family members are still distraught about the way he died. Some young people just don’t care on the roads,” said Lola Cruz, saying reports the family received after the accident was that Moke was “driving crazy” at least from Waimea to ‘Ele‘ele.
Roman Cruz Sr. was pronounced dead at the scene, a scene that still haunts the family.
Where the accident took place, “there was no place to move out of the way,” Lola Cruz said.
Her husband had befriended several Marshallese newcomers to the island, helping them get acclimated to Kaua‘i-style living and gaining admittance in their tight-knit community, Lola Cruz said.
Many in his immediate and extended family are still struggling with his sudden death, she said.
“It is hard, you know. … Moke doesn’t look like he has any remorse,” Lola Cruz said.
Yvette Cruz said the family doesn’t want Moke to spend his life behind bars. They will be satisfied with any guilty verdict, especially if it comes with a message of heartfelt remorse delivered to the widow.
“I want him to think about this every day, and share that part of his life with his family,” Yvette Cruz said. “We don’t want him in jail forever. We never wanted that.”
The family wants Moke “to feel that life is precious. Everything happens for a reason and we have to accept it,” Yvette Cruz said.
In court Monday, Yvette Cruz spoke to the mother of Moke, saying she is lucky she can come to court and smile and wave to her son. “We’ll never be able to smile or wave to my dad until we get to heaven,” a tearful Yvette Cruz said in a telephone interview Tuesday.
She said she surprised even herself with her courtroom conversation. “It just happened.”
Moke’s mother left the courthouse without speaking to anyone after the continuance.
Yvette Cruz said she tells her 17-year-old sons that each time they leave home, there are consequences to their actions, and they need to “look left and look right. You put your foot on the street and there’s consequences,” for Moke and her sons.
“It has impacted all of us,” she said, adding that, hopefully, time will heal their wounds.
A week after Roman Cruz Sr.’s body was brought to California for burial, one of his nieces, the only one living on Kaua‘i, apparently committed suicide by an overdose of sleeping pills, Yvette Cruz said Tuesday.
Yvette Cruz would not name her without her aunt’s permission, and although no suicide note was found Cruz thinks the young girl took her own life because of how distraught she was over her uncle’s sudden death, and over fear that Lola Cruz would leave the island and leave her behind and alone, Yvette Cruz said.
Still, they are at peace knowing that the judicial system is working, though slowly.
“We know justice is going to be served, and we’re OK with that,” she said.
Yvette Cruz hopes that, maybe at sentencing, Moke will address her mother in court. “Tell my mom something,” like he’s sorry for the pain he caused in her family.
Calma could not be reached for further comment Tuesday.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com
