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Drinking partner says An acquaintance of former policeman Clyde Arakawa said the officer was steady on his feet and did not appear to be inebriated when he and Arakawa parted ways after a night of drinking on Oct. 7, 2000.
Arakawa seemed OK
The former cop is on trial
on a charge of manslaughterBy Debra Barayuga
dbarayuga@starbulletin.comAs they shook hands in the parking lot of Tropic's Diner at the Ala Moana Farmer's Market, Arakawa asked him -- as he always did when they said goodbyes -- if he was OK, and vice versa, said Hilario Martin, then a cook at Liberty House. They assured each other they were fine.
A short time later, the state contends, while headed home to Kailua, Arakawa drove his Ford Thunderbird through a red light and collided with a Honda Civic at Pali Highway and School Street, killing 19-year-old Dana Ambrose.
Martin was one of several witnesses testifying yesterday for the state in the manslaughter trial of Arakawa, accused of driving while intoxicated and causing Ambrose's death.
Martin estimated that Arakawa drank seven beers and a shot of liquor that night.
Arakawa does not dispute he drank but contends he was not drunk, was not speeding and had the green light.
This morning, the police officer who administered a blood alcohol test seven hours after the incident testified Arakawa's blood alcohol level was .06 at that time.
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Officer John Gabriel testified in court today that he gave Arakawa the test at 7 a.m. on Oct. 8, 2000."He was quiet, cooperative," Gabriel said. "He appeared depressed, but cooperative."
Gabriel testified that he told Arakawa that the results of the test would not be used in a case against him and the test was only given to determine whether he could speak to a detective at that time, which he believed to be standard procedure.
To speak to the detective, he would have had to have a blood alcohol level of 0.00.
Gabriel said he did not see Arakawa eat, drink or regurgitate anything during the five to ten minutes he was with him before the test.
Arakawa's attorney Michael Ostendorp questioned why Arakawa was not observed for 20 minutes before the test to ensure that he did not eat, drink or regurgitate. Gabriel said that he was instructed to follow-up on whether he had ingested anything later.
Ostendorp also asked Gabriel if he had checked to see if anything was in Arakawa's mouth. Gabriel said he did not, and that Arakawa sat quietly the entire time, only nodding in response to questions.
Later in the morning, the prosecution was scheduled to call Clifford Wong, the toxicology laboratory director at Clinical Labratories of Hawaii, who was expected to take the stand and calculate Arakawa's blood alcohol level at the time of the crash, based on the breathalyzer test administered by Gabriel.
During opening statements, prosecuting attorney Peter Carlisle said the prosecution will show Arakawa's blood alcohol level at the time of the crash was .165, about twice the legal limit.
Carlisle also said earlier this week that based on statements made by Martin, employees at two establishments that served Arakawa and photos from video cameras in one of the bars, the now-retired policeman consumed at least 10 beers and a shot of liquor during a seven-hour period.
Martin said Arakawa had called about 3 p.m., inviting him to meet him at Tropic's Diner for some "pupus and drinks." The two had known each other about five years and got together maybe four or five times a year, Martin said.
They met in the parking lot at about 4:30 p.m. and went inside. Martin drank Bud Light. Arakawa's choice was Coors Lite.
Martin said he and Arakawa spent most of the evening at Tropic's, where he had five or six bottles of beer. Arakawa had four beers. "He was behind me by one beer," Martin said.
After a while, both decided to go to the Side Street Inn near Ala Moana Center to throw darts because Tropic's did not have darts.
Martin drove both of them to Side Street Inn. Instead of playing darts, they ended up drinking and talking story with an acquaintance they had not seen in a while, Martin said.
Martin said he had two to three beers and a shot of Crown Royal whiskey. Arakawa, he said, had one or two beers and a shot. They both tasted the pupus.
After about two hours at Side Street, Martin drove Arakawa back to Tropic's where Arakawa's car was still parked, and asked him if he wanted to have another drink. Arakawa agreed, and they each only had one beer, Martin said. He estimated they stayed an hour and left about midnight because he had to work the next day at 7:30 a.m.
At least three police officers who responded to the crash testified yesterday that Arakawa appeared to have been drinking. They did not know Arakawa was a police officer until he identified himself as one and another officer ran a registration check on Arakawa's smashed Thunderbird.
Sgt. Madeline Morikawa testified a paramedic notified her that someone was refusing treatment, so she approached the individual to ensure he did not need medical attention. She signed a "refusal of treatment" form for the person who later identified himself as Clyde Arakawa. "He told me he was fine and didn't need to go on the ambulance."
She could smell alcohol on his breath as she stood a couple of feet away from him, she said. Arakawa identified himself as the driver of the Thunderbird, and "he was insisting he had the green light and needed me to find witnesses for him," Morikawa said.
He told her he was "rolling into the intersection" and did not know where the other car came from until it was too late.
Because of the crash resulting in a fatality, alcohol appearing to have been a factor and Arakawa appearing to be unsteady as he walked around the scene, police Sgt. Robert Green, after conferring with a supervisor, approached Arakawa and informed him he was going to administer sobriety tests.
An attorney with the State of Hawaii Organization of Police Officers, the union representing police officers, who apparently had been summoned to the scene, told Green that Arakawa was refusing to do the test. Green said he replied to the attorney, "You shouldn't be here." Arakawa also refused, based on the attorney's advice, Green said.
Green said under the "implied consent law," motorists have no right to an attorney when questioned or asked to take a sobriety test when suspected of driving under the influence.
He told Arakawa if he refused to take the test, he would be arrested.
Officer Kurt Ng, who placed Arakawa under arrest, testified he smelled a "moderate" odor of alcohol from Arakawa, that he was unsteady on his feet and that his eyes were red, glassy and bloodshot.