THE man who ran down Carl Viti kept running, running, running. Don’t go easy on a
hit-and-run driverLuther Niheu Jr. slammed his blue Honda Accord into Viti's back as Viti, a Honolulu Advertiser photographer, enjoyed a Sunday bicycle ride on Kamehameha Highway near Wheeler Army Air Field on Nov. 3, 1996.
Niheu didn't stop to render aid. He said he was going for help but never returned, leaving the dying Viti curled in a fetal position on the side of the road.
Niheu dumped his Honda in a Helemano ravine and kept running for 15 days before police caught up with him. He has a history of substance abuse, but by then it was too late to find out if he was under the influence of alcohol or drugs at the time of the hit-and-run.
As Niheu kept running from accountability, it took police and prosecutors 228 days to gather the evidence to indict him for failing to render aid, third-degree negligent homicide and driving without a license.
In July, Niheu led prosecutors to believe he would change his plea to guilty. But he changed only his mind and didn't show up. The ploy bought him more time to run as the trial was delayed first to November and then to April.
When he was finally out of running room in April, he still ducked full responsibility for what he'd done. He entered a plea of no contest instead of admitting guilt outright.
Niheu could get 11 years in prison when he's sentenced July 15 by Circuit Judge Dexter Del Rosario. His attorney says he may ask for probation, arguing that no punishment could bring Carl Viti back. Perhaps, but to administer no punishment would terribly strain the credibility of our judicial system.
Carl Viti was a friend, as is his wife Ruby -- a co-worker at the Star-Bulletin. But I don't believe in an eye for an eye. I see little point in too harshly punishing a repentant person for no other reason than to mollify angry friends and family of the victim.
This person hasn't impressed with his repentance, however, and revenge isn't the issue. It's about respect for the law that Niheu repeatedly flouted. He not only ended a good life, but ran from his crime instead of trying to help his victim. His few perfunctory expressions of remorse seem designed only to save his neck. A light sentence is an unjust reward.
I keep going back to the case around the same time of James Steinseifer, a drunken driver who killed two sisters and their niece in a collision on Farrington Highway. Steinseifer didn't run. He stopped to try to help and accept responsibility for what he'd done.
Prosecutor Peter Carlisle made an example of Steinseifer, asking for an extended prison term. Steinseifer didn't fight the charges. He wanted to spare the grieving family the torment of an extended legal battle. He got 20 years with little chance of parole.
IF Niheu profits further from running from his crime, what message will it send to the next driver who faces the choice that confronted Steinseifer and Niheu? Be a sucker and stay to render aid like Steinseifer? Or ignore the blood of a dying man and run for cover like Niheu? How could the public ever respect such uneven justice?
Niheu, 28, will have plenty of time left to try to make a contribution to society after some serious time behind bars teaches him to face the consequences of his actions instead of running from them. Carl's son Taylor is certainly facing the consequences of Niheu's actions.
As for the rest of us, let's resolve to drive more carefully and pray that we never have to make the choice to stop and render aid to somebody we have run down.
David Shapiro is managing editor of the Star-Bulletin.
He can be reached by e-mail at editor@starbulletin.com.
Volcanic Ash runs every Saturday in the Star-Bulletin.
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