LIHUE — A woman who crashed her vehicle into oncoming traffic and caused more than $70,000 in injuries to a Lawai man was sentenced Thursday. Autumn Day Marshall, 39, appeared before Fifth Circuit Court Judge Randal Valenciano to hear the
LIHUE — A woman who crashed her vehicle into oncoming traffic and caused more than $70,000 in injuries to a Lawai man was sentenced Thursday.
Autumn Day Marshall, 39, appeared before Fifth Circuit Court Judge Randal Valenciano to hear the decision on her motion for her deferred acceptance. Valenciano granted the motion and sentenced her to 30 days in jail, five years of probation and ordered an ignition interlock device to be installed on her vehicle for one year.
“An accident is an accident,” Valenciano said. “I don’t think Mrs. Marshall went out and tried to create an accident intentionally.”
Even though the victim had a blood alcohol content of .123, the cause of the accident wasn’t due to the victim, it was due to the defendant, Valenciano said.
In August, Marshall pleaded no contest to negligent injury in the first degree for attempting to pass another vehicle along Kaumualii Highway near the Kauai Humane Society in March 2013. She then collided with a vehicle going the opposite direction.
In court, her defense attorney Craig De Costa said Marshall acknowledged both the physical and emotional trauma the victim suffered during the accident but said she had suffered her own emotional stress before and after the accident and did not require jail time. She now suffers from post-traumatic stress disorder, De Costa said.
“Mrs. Marshall did submit proof that she has been undergoing therapy,” De Costa said. “Mrs. Marshall said this will not reoccur. She has an attitude that will not bring her back into court.”
Marshall had been on anti-anxiety medications during the accident and had a blood alcohol content of .10, above the state’s .08 limit.
After the accident, Marshall reached out to the victim “and they had a conversation,” her attorney said.
The victim, Boris Cerni, 67, later died in an unrelated incident.
Deputy prosecuting attorney George White said despite working with therapists and trying to come to realization that “there was nothing she did that was intentional,” said Marshall’s acts proved otherwise.
“She intentionally got behind that wheel,” White said. “Mrs. Marshall did cross the center line. She did make an attempt to get in front of another vehicle and ended up in a head-on collision.”
“The crash and the grievous injuries this defendant caused were entirely preventable, said Prosecuting Attorney Justin Kollar. “When she made the decision to take prescription medications, smoke marijuana, and drink alcohol before getting into her vehicle, she turned it into a loaded weapon.”
Valenciano also ordered Marshall undergo a substance abuse and mental health assessment.
De Costa plans to make the necessary arrangements to transfer Marshall from the Big Island, where she currently resides.
No restitution was ordered as the victim’s family did not request it.
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Michelle Iracheta, cops and courts reporter, can be reached at 245-0424 or miracheta@thegardenisland.com. Follow Michelle on Twitter @cephira
