Arakawa guilty Former police officer Clyde Arakawa was found guilty today of manslaughter in the death of 19-year-old Dana Ambrose in a car crash on Oct. 7, 2000.
The jury finds the former police
officer guilty of manslaughter
in Dana Ambrose's deathBy Debra Barayuga and Leila Fujimori
dbarayuga@starbulletin.com | lfujimori@starbulletin.comAmbrose, a University of Hawaii student, died after Arakawa's Ford Thunderbird broadsided her Honda Civic at School Street and Pali Highway just before midnight.
The jury of six women and three men deliberated for about 10 hours before reaching a unanimous verdict.
Arakawa, 50, gave no visible reaction when the verdict was read.
Ambrose's family gasped when the verdict was read.
"This is a fight we fought for our daughter as well as the community," said Susan Ambrose, Dana's mother.
"It's a sad day of justice," Arakawa's attorney Michael Ostendorp said.
Arakawa faces up to 20 years imprisonment when sentenced April 22.
Circuit Judge Karen Ahn set aside the $75,000 bail Arakawa posted and ordered him into immediate custody pending his sentencing despite objections by his attorney saying he has never been a flight risk. Ahn agreed with prosecutors that there is no longer the presumption of innocence and she had to consider the danger he poses to the community.
Throughout the trial, the defense blamed Ambrose, saying she contributed to her injuries by speeding, not wearing her seat belt and running a red light.
Prosecutors maintained Arakawa was drunk after a 7-hour drinking binge at two Honolulu bars and was speeding way above the 25-mph speed limit when he ran the red light.
The jury had several options including acquitting Arakawa or finding him guilty of manslaughter or negligent homicide.
For manslaughter, the prosecution had to prove Arakawa was aware of the substantial and justifiable risk of his conduct but recklessly disregarded it. Manslaughter carries a maximum 20-year term.
For the lesser charge of first degree negligent homicide, the prosecution had to show that Arakawa should have known the risk that he could have caused the death of another while intoxicated. That crime carries a maximum of 10 years in prison.
The other options were second or third-degree negligent homicide which do not involve intoxication, but require a showing of negligence and simple negligence, respectively.
The jury was not allowed to consider the length of the prison sentence in deliberations.
Among the witnesses called by the state were Hilario Martin, Arakawa's drinking buddy who testified Arakawa had about seven beers and a shot of liquor the night of the crash, but appeared OK when they parted ways about 11:30 p.m.
The state introduced video from Side Street Inn showing Arakawa had at least six beers and a shot of liquor. In addition, a waitress at Tropic's Diner said she served Arakawa four or five beers after he arrived about 4:30 p.m. Martin said they each had one more beer when they returned to Tropic's again that night before going home.
Clifford Wong, a toxicologist hired by the state extrapolated that Arakawa had a blood alcohol level of nearly twice the legal limit of .08, based on the .06 he blew seven hours after the crash.
But Mark Hagadone, a toxicologist hired by the defense concluded Arakawa's blood alcohol level was below the .08 legal limit, partly because his liver metabolized alcohol quicker than less experienced drinkers.
Police officers at the crash scene also testified they could smell alcohol on Arakawa's breath and his eyes were bloodshot but he refused to submit to a sobriety test at the advice of a union lawyer who was summoned to the scene.
City prosecutor Peter Carlisle argued that Arakawa should have known the effect alcohol had on him after he was found passed out on the living-room floor of a stranger's home in 1992. He was later convicted for criminal trespassing and the judge at sentencing told Arakawa he was concerned about the "debilitating effects" alcohol had on him.
Bob Anderson, the defense's accident reconstruction expert concluded Arakawa was only going 38 mph and Ambrose going 50, based on the damage sustained by both vehicles. A state accident reconstruction expert said Arakawa was going 57 mph and Ambrose 32 mph when they collided.
The defense also maintained that police mishandled crucial evidence, specifically the traffic light fixture that toppled and fell onto the hood of Arakawa's car after the crash.
Experts on both sides testified that the deformation of the light bulb filaments was indicative of who had the red and who had the green light at the time of the crash. Both sides claimed their client had the green light.
Two prosecution eyewitnesses to the crash, Bricyn Afong and Claren Damaso, who were stopped at the Pali light and saw the collision, testified Arakawa whizzed up from behind them and ran the red light before striking Ambrose. A witness for the defense testified he entered the School Street intersection on a green light ahead of Ambrose and heard the crash behind him.
The case generated much public criticism after Police Chief Lee Donohue acknowledged Arakawa had been extended courtesies that would not have been extended to members of the general public, but that did not affect the outcome of the criminal investigation.
Arakawa, who was off duty, had been allowed to roam the crash scene freely during the investigation, was comforted by officers at the scene and had a police-union lawyer summoned for him.
At the time of the crash, Arakawa was on vacation and a month shy of retirement, after 25-years with the Honolulu Police Department.