LIHUE — A Washington man charged in the deaths of two passengers in his vehicle after a crash last year changed his plea from not guilty to no contest Tuesday. Daniel Dunkin, 63, of Lacey, Wash., appeared before Fifth Circuit
LIHUE — A Washington man charged in the deaths of two passengers in his vehicle after a crash last year changed his plea from not guilty to no contest Tuesday.
Daniel Dunkin, 63, of Lacey, Wash., appeared before Fifth Circuit Court Judge Kathleen Watanabe to formally accept the plea offer from the state and to change his plea.
Dunkin’s defense attorney Michael Green, who filed a motion to defer on his behalf, said his client had led an exemplary life.
“His family has been in law enforcement for 35 years,” Green said in open court Tuesday. “One of the victims was the family’s best friend. You may more know more about this roadway than I do. The facts are correct.”
Shortly after Dunkin’s entry of plea on Oct. 20, the state offered Dunkin a plea deal with three amended counts. The state said it would not oppose Dunkin’s motion for deferral, and that would not request that he serve any jail time.
One special term of his deferral, which depended on the pre-sentence investigation report, was that the state requested 240 hours of community service.
Watanabe said the court would decide on the motion to defer at the time of sentencing.
Dunkin was charged on two counts of negligent homicide in the second degree on Aug. 26, 2015 after a two-car collision that occurred on the North shore on May 1, 2014.
Dunkin, who was driving a Chevy carrying three passengers, was near Pili Road Junction attempting to make a left turn from the southbound lane when an oncoming Ford struck him.
The 55-year-old Kilauea man in the Ford was not injured in the accident.
Two of Dunkin’s passengers died.
George Nielson, 58, also of Lacey, died at the scene. A 62-year-old woman, Margaret Ratcliffe, was airlifted to Queen’s Medical Center on Oahu in critical condition. She later died.
A third passenger, 56-year-old Julie Fogliano, was injured. Dunkin did not sustain any injuries.
Dunkin, who was scheduled to go to trial Feb. 1, pleaded down to two misdemeanor charges of negligent homicide in the third degree. He was originally charged with two counts of negligent homicide in the second degree, class C felonies.
A third charge of negligent injury in the first degree was reduced to a misdemeanor, negligent injury in the second degree.
Each misdemeanor carries a term of one year in prison and a $2,000 fine. The felony charges of negligent homicide in the second degree carry a term of five years in prison and a $10,000 fine.
During Tuesday’s proceedings, the state also dismissed the two additional charges of reckless driving of a vehicle and inattention to driving.
“We’re satisfied that this is a very fair agreement for all involved in this incredibly tragic case,” Prosecuting Attorney Justin Kollar said.
Dunkin will be sentenced on April 20.
