Byron Say’s preliminary hearing, which was supposed to take place yesterday, was continued to 1 p.m. on Sept. 7. The hearing is to be held in the new Kaua‘i Judiciary Complex according to Circuit Court Judge Walton D.Y. Hong. Hong
Byron Say’s preliminary hearing, which was supposed to take place yesterday, was continued to 1 p.m. on Sept. 7.
The hearing is to be held in the new Kaua‘i Judiciary Complex according to Circuit Court Judge Walton D.Y. Hong.
Hong gave no reason for the continuance. Say’s attorney June Ikemoto and prosecuting attorney Thomas Haia declined comment.
A decision to rule on a motion filed by the county prosecutor’s office to consolidate all charges against Say was also postponed for the second consecutive week.
Judge Gerald S. Matsunaga did not rule Aug. 18 on the same motion.
Matsunaga gave no reason Thursday for the continuance.
Say, 36, faces five charges in connection with a June 25 incident in Hanalei that left a Kaua‘i woman badly injured.
Say entered a no contest plea Aug. 11 to a separate charge of operating his vehicle while under the influence of an intoxicant (OVUII) on June 25. Judge Trudy Senda declared Say guilty of the OVUII charge. Sentencing will take place Tuesday, Nov. 22, following a full pre-sentencing investigation requested by Haia.
Say’s case was recalled Aug.11 because the prosecution wanted to consolidate all the charges rather than handling two separate cases. Haia told the court he had neglected to make such an oral motion.
According to information provided by the prosecutor’s office in general legal terms, without regard to any particular case, a defendant cannot be sentenced on one offense committed during an incident, then be tried on other offenses related to the same incident. In any case, if a petty misdemeanor offense is left in district court and related felonies are bound over to Circuit Court, then either the defendant could not be tried on the felonies if he/she was sentenced on the petty misdemeanor first or could not be sentenced on the petty misdemeanor if tried on the felonies first.
The only way to ensure that neither goes before the other is to consolidate before the preliminary hearing so that all matters are bound over to circuit court. Say is free on $8,000 bail. He was charged July 29 with allegedly driving under the influence of morphine, methamphetamine and amphetamine at the time of the accident. The charge was based upon the findings of a toxicology report.
Steve Wheeler, who was driving the motorcycle that Say allegedly rearended with his vehicle on June 25, was in court Wednesday expecting to testify. Lisa Wilson, the passenger multiple fractures and internal injuries in the incident.
Wheeler and Wilson have reportedly retained Mark Zenger to represent them in civil matters.
According to police records and Richard Minatoya, first deputy county prosecuting attorney, Say was charged in connection with an accident involving death or serious injury.
