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Maui man found
guilty of manslaughter
in traffic death

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By Gary Kubota
Maui correspondent

WAILUKU -- A 30-year-old man faces up to 20 years in prison when he is sentenced for manslaughter for driving into a man on a motor scooter and killing him.

Maui Circuit Judge Joseph Cardoza will sentence Terrence P. Vasquez of Kula on Nov. 16. Vasquez was found guilty as charged in the death of 44-year-old Jaiom Berger on Nov. 28, 1998.

Deputy Prosecutor Marie Kosegarten, who served as co-counsel, called the decision yesterday a "just verdict."

"There is finally closure for the family and friends of Jaiom Berger," Kosegarten said.

Berger, well known among Maui marathon runners, was the founder of the Aluminum Man Multi-Sport Series on the Valley Isle, a biathlon that helped people prepare for the Ironman Triathlon.

During the trial, police testified Vasquez had a blood-alcohol level of 0.193 and was driving faster than 80 miles an hour in a 30-mile-an-hour zone when he crashed into Berger, who was driving a motor scooter in Kahului. The legal blood alcohol limit is 0.08.

Dr. Anthony Manoukian testified a 0.193 blood alcohol level affects a person's reaction and perception. He said a person who weighed 170 pounds would have to consume 10 beers to reach the 0.193 blood alcohol level.

Vasquez, the only eyewitness to the accident, contended that when he traveled through the intersection, he had the green light.

But the prosecution alleged Vasquez went through a red light when driving on Puunene Avenue across Dairy Road at 12:30 a.m.

The prosecution argued Berger had the green light and was traveling on Dairy Road.