LIHUE — A judge will have the option of handing down a life sentence to a man convicted of manslaughter after a jury found Monday that his freedom would be dangerous to the community.
A Fifth Circuit jury found Cody Safadago, 48, guilty on eight counts on Friday for getting drunk, stealing a car, and driving it recklessly, eventually causing a fatal head-on collision that killed a young woman from Kapaa on April 27, 2017.
Three days later, trial proceedings concluded when the 12 jurors unanimously decided that lengthier prison terms for Safadago’s three felony convictions were necessary for the protection of the public.
“Justice prevailed today,” Kauai County Prosecuting Attorney Justin Kollar said in a press release Monday. “Our thoughts and aloha remain with the friends and ‘ohana of Kayla Huddy-Lemn as we continue to mourn the taking of her life.”
In Hawaii, prosecutors have the option to seek extended terms of imprisonment for multiple felony offenders if they prove beyond a reasonable doubt that the defendant presents a threat to public safety.
In Safadago’s case, prosecutors sought to increase the maximum penalty for manslaughter from 20 years in jail to life and double the allowable sentences for two lesser felonies: fleeing the scene of an accident — from 10 to 20 years — and stealing a car — from five to 10 years. The jury granted all three requests.
Fifth Circuit Judge Randal Valenciano is not bound by the extended terms of imprisonment. The jury’s decision only means he will have the option to give Safadago more lengthy prison sentences. Safadago’s sentencing has not been scheduled.
Safadago turned down the opportunity to testify on his own behalf in court Monday afternoon. His attorney, Emmanuel Guerrero, told the judge his client’s decision was based on the knowledge that his statements could be used against him later on if he appeals the guilty verdict.
Guerrero argued on Monday that the extended terms were not necessary because, he told the jury, “the evidence already presented to you shows that there was no evil intent.”
“No matter what we say, he is an alcoholic,” Guerrero said of his client. “He did what he did because he just couldn’t control himself.”
Guerrero said that Safadago does not deserve to spend the rest of his live in jail because he could be rehabilitated.
“If we know the reason why, it can be addressed, so that the behavior can be conformed,” Guerrero told the jury. “That’s why it isn’t necessary here to extend the term from 20 years to life, because we know the underlying cause.”
Deputy Prosecuting Attorney Sean Van Demark said the defense attorney’s argument that Safadago was incapable of controlling his actions was the precise reason why lengthier sentences were needed.
“He’s gonna do whatever he wants,” Van Demark said in his rebuttal. “How long until he’s back in the public?”
Even under the extended terms, Safadago will have the possibility of parole.
“Life does not mean life,” Van Demark explained to the jury. “He could be out in five years. I just want you to think about that.”
For those closest to Kayla Huddy-Lemn, the 19-year-old girl killed in the high-speed hit-and-run, the guilty verdict and extended prison terms are a small condolence for the loss they suffered.
“It still doesn’t soothe the real pain,” said Huddy-Lemn’s great-aunt, ZoeAnn McCullen. She spoke with TGI’s reporter Monday afternoon while waiting outside the courthouse for the jury to deliberate.
“What a beautiful young lady she could have blossomed into,” McCullen said. “All that has been taken away from the ohana.”
Huddy-Lemn’s mother, Verna Huddy, said the death of her daughter was devastating for the whole family.
“I only have two daughters, Kayla and Zai,” she said, remembering the close relationship the two sisters shared. “Part of Zai really died as well.”
Huddy said the timing of her daughter’s death was especially tragic and came just as the young woman “really found herself.” In previous conversations Huddy and other members of the family remembered Kayla as a young woman with unlimited potential.
Her grandfather said she was a bright student and earned an academic scholarship to an Oregon university. Huddy-Lemn returned home after a semester, but according to her family, she was getting ready to return to school.
“We always worried about Kayla going to college in the mainland, but I never thought something like this could happen back here,” her mother said.
Huddy said she is glad Safadago is being held responsible but when asked if the guilty verdict helped in some way, she struggled to find the right words.
“As far as making me feel any differently, no,” she said of Safadago’s conviction. “I just really want everybody involved to pay.”
Huddy said she struggles to cope with the thought that her daughter’s death could have been avoided.
“I feel like there are other people responsible,” she said.
In Huddy’s opinion, that includes the officers who spoke to Safadago just hours before the crash.
The Big Save manager testified early in the trial that she called police to the Kapaa supermarket because Safadago was so drunk outside her store that “his demeanor was scary.”
Huddy questions why he wasn’t arrested right there.
“He was very intoxicated. How could you just let him walk away?”
“I don’t feel justified,” she said. “I do not.”
Put him in a hole. Throw away the hole.
Pleasingly shocked at the outcome of this. Great job!
Deepest condolences to the family on their loss.
I wholeheartedly agree with the fact that the Kauai County and State of Hawaii should pay for gross negligence in this matter….. as painful as it is, Civil Court must uphold the laws that were overlooked by the Kauai Police.
We need to know that our community is safe and it starts with proper selection, training and vetting of the police force.
Mahalo to all the families on Kauai who are courageous enough to bring the negligence of Kauai County to Court to rectify and prevent further atrocities.