LIHU‘E — A man whose tire-changing negligence led to the death of a man on Kuhio Highway in 2008 was sentenced this week to a year in prison and five years probation. At the Wednesday sentencing, 5th Circuit Judge Kathleen
LIHU‘E — A man whose tire-changing negligence led to the death of a man on Kuhio Highway in 2008 was sentenced this week to a year in prison and five years probation.
At the Wednesday sentencing, 5th Circuit Judge Kathleen Watanabe gave Francis Alberto Lopez Jr. until 6 p.m. Friday to report to Kaua‘i Community Correctional Center so that Lopez could get his Kapa‘a rental home and items there in order before surrendering to authorities to start his one-year term.
The Kaua‘i Police Department investigation into a four-car crash in January 2008 that killed Troy Medina Sr., 35, of Lihu‘e, showed that Lopez, in taking tires from one truck and putting them on another, did not properly tighten the tires to the wheels, said county Deputy Prosecuting Attorney Lauren McDowell.
One of the tires came off Lopez’s truck while he was driving southbound on Kuhio Highway, and northbound vehicles swerved to avoid that tire.
One car crossed the center line and caused a head-on collision that killed Medina and seriously injured another person, McDowell said.
McDowell said Lopez showed no sense of responsibility for the death, and argued for probation and 30 days in jail.
Deputy Public Defender John Calma, citing multiple medical conditions suffered by Lopez and his multiple community service efforts, argued for probation, saying any incarceration would create “serious hardship.”
“My client feels extreme remorse,” and suffers many sleepless nights because of the accident, Calma said.
“I’m sorry for what had happened,” said Lopez, adding that he feels bad for the family and he didn’t plan to hurt anyone. “I’m really sorry it happened.”
Medina family members in the courtroom did not want to make any statements in court.
“This was a very, very tragic thing that happened. We’re talking about the degree of carelessness,” Watanabe said in overruling the plea agreement, adding that she does not have to abide by terms and conditions agreed to be defense and prosecuting attorneys and could have sentenced Lopez to five years in prison.
Watanabe said “the court would be irresponsible to impose a lesser sentence” than the one-year prison term given to Lopez.
Probation is a break for Lopez, Watanabe said, adding that if he violates terms and conditions of probation and ends up in court before her again on this charge, he will be facing a sentence of five years in prison.
Lopez was originally charged with second-degree negligent homicide and first-degree negligent injury, with the second charged dropped in the plea deal.
Watanabe ordered the driver’s license of Lopez revoked for two years, and for Lopez to complete 500 hours of community service after his release from prison.
