LIHUE — The trial for a Kauai Police Department officer will not take place until April. Irvin Magayanes appeared before Judge Randal Valenciano Thursday on one count of negligent homicide for a hearing to continue his trial date. He was
LIHUE — The trial for a Kauai Police Department officer will not take place until April.
Irvin Magayanes appeared before Judge Randal Valenciano Thursday on one count of negligent homicide for a hearing to continue his trial date.
He was set to go to trial on Jan. 23.
But his attorney, Craig De Costa, said he is waiting to receive discovery and other evidence reports.
“I may have to ask for a subpoena to get them,” he said.
Justin Kollar, prosecuting attorney, said his office has made several attempts to get the reports, but has been unsuccessful in securing them.
Magayanes is charged with one count of negligent homicide in the second degree after allegedly hitting and killing 19-year-old Michael Kocher Jr., of Hanapepe, with his car on Jan. 3, 2015, on Kaumualii Highway. Magayanes was responding to the scene of a previous accident where Kocher had just been hit by the driver of another vehicle, according to initial police reports.
Magayanes was the first officer to respond to the wreck. He was going about 70 mph, or 19-24 mph over the 50 mph posted speed when he allegedly hit and killed Kocher, according to reports.
Kocher died at the scene of the second wreck.
Since then, Magayanes has been on administrative desk assignment.
In early court proceedings, De Costa filed a motion to dismiss felony information, arguing that Magayanes, as an officer speeding to scene of an accident, did not operate his vehicle in a grossly negligent manner.
Valenciano denied that motion.
Magayanes’ new trial date is April 17.
