|
Plea deferral given His voice breaking, 25-year-old Ryan Miguel apologized to the families of three girls who have suffered since he drove his work van off a road in Kalihi in August 2000 and plowed into them.
for driver in
Kalihi fatality
Ryan Miguel will avoid jail time
for a crash that killed 1 girlBy Debra Barayuga
dbarayuga@starbulletin.com"I am deeply sorry for what happened," said Miguel, who would only say he was feeling ill that day from possible food poisoning. "Not a day goes by that I think about what happened. ... I pray for the girls each night before I go to bed."
Killed in the crash was 12-year-old Nancy Phongsavath. Her best friend, Switzer Luab, then 12, suffered permanent leg injuries but survived.
Switzer's 10-year-old sister Hilovelyn remains in a coma at a care home.
Miguel avoided a possible one-year prison term yesterday after District Judge Derrick Chan granted his request for a one-year deferral of his no-contest plea to third-degree negligent homicide in connection with Phongsavath's death.
He must abide by conditions similar to probation, pay restitution in an amount to be determined later and perform 100 hours of community service.
The state opposed a deferral and asked for a one-year prison term because the result of his negligence "was so horrific," said Deputy Prosecutor Peter Marrack.
Miguel had picked up his daughter and was on his way to pick up his son from the sitter's when he veered off Kamehameha IV Road in Kalihi, sideswiped a car, struck the three girls, then plowed into a chain-link fence and hedge before coming to a stop in the garage of a home.
While acknowledging that the Luab and Phongsavath families have suffered greatly and will continue to suffer, Chan said he didn't think prison for Miguel was appropriate based on the nature of the charge and how Miguel conducted himself before and after the incident.
Miguel was charged with "simple negligence" and not charged with recklessly driving or operating a vehicle under the influence of drugs or alcohol. He has no criminal history.
"I have expectations that the defendant will do what is right," Chan said.
He said that would include continuing to be a productive employee, volunteering in the community, and being an active churchgoer and good husband and father.
Miguel pleaded no contest Sept. 24 because he wanted to take responsibility and spare the girls' families from a trial, said his attorney, Howard Luke.
While Miguel should not have gotten behind the wheel that afternoon, the incident "truly was an accident" and he is very sorry, Luke said.
Miguel had become "extremely ill" at work earlier in the day, possibly due to food poisoning, he said. At lunch, concerned co-workers observed he declined lunch so he could lie down and take it easy, Luke said.
Marrack said he respects the judge's decision but that the community needs to know that if they get behind the wheel and don't pay attention, they run the risk of killing someone and going to prison.
Aldrin Villahermosa, Miguel's employer at AMV Air Conditioning, said it could have happened to any driver. He said Miguel has been a reliable, hard-working employee who will continue to work for him.
Attorney Christopher Ferrara, who represents the Phongsavath family, declined comment on Miguel's sentence but said his clients aren't vindictive people.
"They're doing their best to cope with their loss and move on," Ferrara said.
A lawsuit filed by the Phongsavaths against Miguel has since been resolved to everyone's benefit, he added.
Meanwhile, two civil cases filed by the parents of the Luab girls are pending.