LIHUE — A vehicular homicide case against a 20-year-old Lihue woman was dismissed Friday in 5th Circuit Court. After a nearly three-hour hearing, Judge Kathleen Watanabe said that prosecutor error, not misconduct, gave the court no option but to dismiss
LIHUE — A vehicular homicide case against a 20-year-old Lihue woman was dismissed Friday in 5th Circuit Court.
After a nearly three-hour hearing, Judge Kathleen Watanabe said that prosecutor error, not misconduct, gave the court no option but to dismiss the case, without prejudice.
The state could bring new charges against the defendant.
“The court is recognizing the severity of the charges,” Watanabe said.
The defendant, Brittney Lehua Kane, was to be arraigned this week on manslaughter, first-degree negligent homicide, second-degree assault, and first-degree negligent injury charges. The proceedings were paused for a hearing on a defense motion to dismiss the case for prosecutor misconduct and lack of court jurisdiction.
Court-appointed defense attorney Rosa Flores filed the motion, saying that the indictment delivered on Jan. 15, 2014, was “defective and illegal.” She said the prosecution failed to file the appropriate court orders that transferred the case from family court where it originated when Kane was just 16 years old.
State Deputy Prosecuting Attorney Melinda Mendes argued that Judge Edmund Acoba, the district judge who presides over Family Court, issued an order granting a waiver of jurisdiction in the case on Oct. 18, 2013.
The action allowed the prosecutor’s office to pursue the indictment process when Kane became an adult.
But case law and interpretation of statutes did not support the state’s claim that the family court waiver of jurisdiction was sufficient, Watanabe said. It amounted to legal maneuvering to get around the error and was insensitive to the defendant, the victims and their families.
Kane was charged with operating a vehicle while intoxicated after leaving an underage drinking party on Sept. 11, 2011.
She was 16 years old at the time her vehicle left Kuhio Highway and overturned after striking a tree.
There were two juvenile passengers in the car. Nahele Kapua was killed, and Koahe Cordeiro was seriously injured.
Kapua’s mother and a family friend were present in court.
She did not wish to make a statement but expressed concerned with the thought that the case could avoid prosecution.
“What happened today was based on a procedural issue and doesn’t affect the viability of the case,” said County Prosecuting Attorney Justin Kollar. “We are reviewing the options for moving forward with the case and we will proceed appropriately.”
