No contest plea in hit-and-run

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An 18-year-old Hilo man pleaded no contest Thursday to charges stemming from an alcohol-related hit-and-run collision in June last year.

An 18-year-old Hilo man pleaded no contest Thursday to charges stemming from an alcohol-related hit-and-run collision in June last year.

Hilo Circuit Judge Glenn Hara ordered Kayin Kekaimalu Wilson to appear for sentencing at 9 a.m. March 17. Wilson pleaded no contest to first-degree negligent injury, a Class C felony punishable by up to five years in prison, and a misdemeanor charge of leaving the scene of an accident.

In return for his plea, prosecutors dropped charges of DUI, inattention to driving and violating the terms of a provisional driver’s license. The leaving-the-scene charge was reduced from a felony to a misdemeanor under the agreement.

Terms of Wilson’s plea deal include four years probation. The state is free to ask for up to a year in jail for Wilson, with credit for time served and all but 30 days of the jail time taken under advisement. The prosecution can also ask for up to 100 hours of community service.

The defense is free to ask for no jail time.

Wilson, who has no prior criminal record, told Hara he will request a deferral of his no-contest plea. If the judge grants the deferral, Wilson’s conviction would be erased from his record if he stays out of further trouble with the law during his probation.

Wilson’s attorney, Deputy Public Defender Sherilyn Tavares, said the reason for the no-contest plea is civil liability.

Police say that on June 28, 2015, Wilson was driving on Kalanianaole Avenue near Richardson Ocean Park when the car he was driving struck 43-year-old Leighton AhNee of Hilo.

“While Mr. AhNee was turning into Richardson beach park, the defendant was negligent in failing to yield to Mr. AhNee’s vehicle.

“The evidence will show that after striking Mr. AhNee, the defendant fled the scene,” said Deputy Prosecutor Rick Damerville. “… He was stopped approximately 4 miles away on Pauahi Street because witnesses had gotten a partial (license) plate on (Wilson’s) vehicle. … The passenger confirmed that the defendant was the driver of the vehicle and was responsible for the collision.”

Damerville said Wilson registered a 0.09 blood-alcohol content on a breathalyzer test. The threshold for legal intoxication is 0.08.

“The defendant was barely 18 years old at the time, having turned 18 in March,” Damerville said.

“Mr. AhNee suffered a fractured femur, which is classified as a serious bodily injury.”

Wilson appeared in custody in lieu of $5,000 bail, having been arrested Tuesday for allegedly violating terms of his supervised release.

According to court records, Wilson received a non-clinical discharge in November from Big Island Substance Abuse Council, which means he allegedly didn’t complete a court-ordered substance abuse program. He also allegedly failed to check in to the Department of Public Safety’s Hawaii Intake Service Center after November.

A hearing on a state motion for revocation of Wilson’s supervised release and a defense request for a bail reduction is set for Feb. 4.

Email John Burnett at jburnett@hawaiitribune-herald.com.