$1.6M settles
Big Isle lawsuit

The suit stems from a woman's
death in a 2000 police chase

HILO » Hawaii County will pay $1.6 million to settle a lawsuit filed by the family of a woman killed in a police chase nearly five years ago.

The county has agreed not to appeal a March jury verdict that ordered the county to pay $1.9 million to the survivors of Ellison Sweezey, 31, who was killed in the Sept. 7, 2000, crash.

Instead, county attorneys settled with the family and agreed to pay the lesser amount in three installments over three years. Sweezey's family has also agreed to give up claims to interest and legal fees, which could have added millions of dollars to the total.

Robert Marx, an attorney representing Sweezey's estate, her father and four of her five children, originally asked the court for $2.6 million in interest, compiled from the date of the accident until April 5 of this year.

Last week, Circuit Judges Greg Nakamura and Glenn Hara approved the settlement and plan that calls for three installment payments over three years.

Under the settlement, the largest amount will go to Sweezey's sister, Paulyn Estioko, who was driving with her sister when Richard Rosario, who was evading police, hit their car in downtown Hilo. Estioko and her husband are caring for the youngest four of Sweezey's children.

Harry Freitas, deputy corporation counsel for the county, said he was "not thrilled" with the settlement but thinks it is fair.

"It was something that all of us worked out," he said.

Although Freitas believed the county had a good case for an appeal, a win for the county would have meant a new trial.

"I don't think these kids or anyone else should have to go through that again," he said.

The lawsuits, filed in September 2002, also named Rosario, the 20-year-old driver of the stolen car, who was sentenced to 20 years in prison in April 2002 after pleading no contest to manslaughter.

Among other things, the suits alleged police failed to follow procedures during the chase and did not weigh the urgency of arresting Rosario immediately against the danger to the public.

During the four-week trial earlier this year, witnesses testified that Rosario was suffering from withdrawal from crystal methamphetamine when he dialed 911, hung up, then took his girlfriend's car and left Hawaiian Beaches, headed for Hawaiian Paradise Park. A police officer saw Rosario driving erratically, tried to pull him over and ended up chasing him for 10 miles.

The jury had awarded Sweezey's survivors an additional $3.7 million from Rosario, but it is unlikely they will ever collect any of it.

Under the terms of the settlement, the county denies any liability or misconduct.

But Marx said the county would not have settled if it had done nothing wrong.

"I think it was proper for the county to recognize that it had some responsibility and that it put to rest a very unfortunate case," Marx said. "The funds should be sufficient that the children are assured that their financial needs are adequately met."