Driver guilty in
tourist’s death

A Big Isle jury hands down a
manslaughter conviction in the
drunken driving crash

---

By Rod Thompson
rthompson@starbulletin.com

KEALAKEKUA, Hawaii >> A Kona jury, in a rare action, has handed down a manslaughter conviction against a drunken driver charged with the death of a California tourist.

The jury found Stephen St. Clair, 39, guilty yesterday of manslaughter, driving under the influence of alcohol and driving without insurance in the Feb. 23 death of Jane O'Brien, 58, of Santa Barbara, Calif.

St. Clair was speeding on Alii Drive in Kona when he lost control of his van, crushing O'Brien against a wall in front of the small, historic Hale Halawai o Holualoa Church.

Testimony indicated St. Clair's blood alcohol was 0.211 percent, well above the legal limit of 0.08 percent.

Deputy Prosecutor Linda Walton said she knows of only three other manslaughter convictions for drunken driving in Hawaii, including the conviction of Honolulu policeman Clyde Arakawa for the death of motorist Dana Ambrose.

Manslaughter carries a maximum penalty of 20 years.

The more common charge in drunken-driving cases is negligent homicide, with a 10-year penalty.

Walton said a reason for the manslaughter charge was that a man warned St. Clair not to drive before he hit O'Brien. Ignoring the warning was "reckless," a key element of manslaughter, Walton said.

According to testimony, St. Clair drank four large bottles of beer and at least 10 regular-size cans. Then, angry because marijuana he wanted did not arrive, he sped out of a beach park.

He was accelerating when he hit O'Brien, according to testimony.

St. Clair's lawyer, Michael McPherson, said St. Clair was angry about a problem at home, was speeding to avoid another car and lost control partly because of bad road conditions, but also because he was admittedly intoxicated.

St. Clair offered to plead guilty to negligent homicide, but Walton refused, McPherson said.

St. Clair will appeal the conviction, partly because Judge Ronald Ibarra allowed testimony about an unrelated instance of drunken driving by St. Clair, McPherson said.

O'Brien's common-law husband, Dan Botkin, said he was pleased by the conviction but not by St. Clair being released on $20,000 bail pending sentencing Aug. 5.

Botkin said it is ironic that his wife worked with youths to prevent alcohol and drug abuse and left $100,000 for that purpose.

McPherson said St. Clair, a carpenter, will return to work and is continuing treatment for alcoholism.