StarBulletin.com

Bail holds firm for suspect in fatal hit-run


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POSTED: Tuesday, April 13, 2010

A circuit judge allowed a man with a history of drunken driving arrests to remain free on bail yesterday while awaiting trial in the death of a woman in the drive-through lane of the Nanakuli McDonald's.

But Judge Karen Ahn added tougher bail conditions for Albert Birmingham.

That disappointed both the prosecutor, who had asked the judge to increase or revoke bail, and Birmingham, who wanted lower bail to lift a lien on property put up as collateral by friends.

Birmingham, 36, is facing charges of manslaughter, hit and run, driving under the influence and driving with a revoked license in connection with the Jan. 31 death of 20-year-old Raelynn Adams. Trial is scheduled for July.

Police said Birmingham struck and ran over Adams with a sport utility vehicle during an early morning argument.

When police officers arrested him in his parked vehicle nearby, the state said, Birmingham's blood-alcohol level was 0.132. It is illegal for a person with blood-alcohol content of 0.08 or higher to operate a vehicle.

To gain his release from custody, Birmingham's friends paid the 10 percent bail bond fee for his $150,000 bail, said his lawyer, Lee Hayakawa. They also had to put up some of their own property for collateral.

;[Preview]  Victim's Family Learns Of Birmingham's Probation
 

The family of a young woman who died after being run-over at a restaurant drive-through was shocked to learn …

 

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“;The person holding the property is a homebuilder, and they build homes and sell homes,”; Birmingham told the judge. “;So it's putting them in a situation where my friends were going to bat for me, but at the same time he can't run his business properly.”;

Deputy Prosecutor Franklin Pacarro Jr. pointed to Birmingham's record, which includes repeated arrests for drunken driving.

“;He drinks and he does whatever he wants to, and that's what his history shows,”; said Pacarro.

In 2004 Ahn sentenced Birmingham to five years' probation, including 30 days in jail, for drinking and driving and causing damage to a police car. Pacarro said police estimate Birmingham was going between 80 and 100 mph on Farrington Highway before he stopped.

When officers put him in the back of a police car, he kicked out one of the windows, Pacarro said.

In November 2008 police stopped Birmingham again for alleged drunken driving and for operating a vehicle without insurance. The state immediately revoked his driver's license for refusing to submit to a blood-alcohol test.

A judge issued a $750 warrant for his arrest in March 2009 after Birmingham failed to appear for a scheduled court hearing. Police did not arrest him until Jan. 31, after he allegedly ran over Adams.

Adams' family members, in court for yesterday's hearing, asked Ahn through a spokesman to put Birmingham behind bars without bail pending trial.

But Ahn allowed Birmingham to remain free on bail as long as he satisfies the requirements of his bail bond company. He must also refrain from drinking, driving, traveling off Oahu and leaving his home between 6 p.m. and 6 a.m. He must also submit to drug and alcohol testing.

Hayakawa said Birmingham has already stopped driving and is attending Alcoholics Anonymous sessions.