The driver of a vehicle that struck and killed a 69-year-old woman in Kailua in January is facing 10 years in prison for first-degree negligent homicide.

An Oahu grand jury returned an indictment yesterday charging Thomas Copeland II, 37, with the crime. The indictment also charges him with driving without motor vehicle insurance.

Police stopped Copeland on Jan. 11, prior to the collision with the pedestrian, for driving without no-fault insurance and told him not to drive, said Vicki Kapp, deputy prosecutor.

When police arrested him after the collision, he smelled of alcohol and his blood-alcohol content measured 0.09, she said. It is a violation for anyone to operate a vehicle with a blood-alcohol content of 0.08 or higher.

The 5:15 a.m. collision killed Paena Magarro. She was attempting to cross Kailua Road from the Ulumanu Drive intersection to go to a bus stop, police said. She was not in a crosswalk.

Police said Copeland was traveling Kailua-bound when he struck Magarro.

They cited him for operating a vehicle without a current safety inspection and for failing to obey a traffic device at an intersection. Those violations are pending.

In January 2004, Copeland was found guilty after pleading no contest to driving while under the influence of alcohol. He paid a $150 fine and $157 in court costs and fees. He also had his driver's license suspended for 30 days.