The driver of a pickup truck that rolled over Sunday night, killing one passenger and injuring another, allegedly had a blood-alcohol level almost four times the legal limit.
A federal court document filed by a Hawaii Volcanoes National Park ranger said a blood sample taken from 43-year-old Kenneth J. Ewing revealed a blood-alcohol level of 0.312. The DUI threshold is 0.08.
Ewing is charged with first-degree negligent homicide. If convicted of the charge, Ewing faces up to 10 years in federal prison, and a fine up to $250,000.
Authorities say Ewing was Ka‘u-bound shortly before 9 p.m. Sunday when he lost control of the white Toyota Tacoma near the 33-mile marker on Highway 11 in the national park. The vehicle rolled over and ejected all three occupants.
John Ashley Becker, 48, of Texas was found pinned beneath the truck and was dead at the scene, according to county Fire Department medics.
According to the document, “numerous alcohol containers, including two 1.75-liter bottles of vodka, both of which were open and one of which was nearly empty” were “littered around and in the vehicle” and “beer bottles were also strewn about the scene.” The ranger also reportedly smelled alcohol on Ewing, Becker and a third individual not identified by park officials but who was taken by ambulance to Hilo Medical Center for treatment.
The document states Ewing said several times that he was the driver and the crash was his fault.
Ewing, who is in federal custody, made his initial court appearance Tuesday in Honolulu before U.S. Magistrate Judge Barry Kurren, who appointed federal public defender Alexander Silvert to defend Ewing.
A preliminary hearing is set for 1:30 p.m. June 13 before Magistrate Judge Kenneth Mansfield. Kurren also scheduled a hearing today at 2 p.m. before Magistrate Judge Richard Puglisi on a motion filed by Assistant U.S. Attorney Jill Otake to hold Ewing without bail. Otake’s motion described Ewing as a danger to the community and flight risk.
According to state court records, Ewing’s license was revoked in an administrative procedure on Dec. 29, 2013, for driving under the influence, although there is no record of him being convicted of a DUI charge. Court records indicate that Ewing was convicted in Hilo District Court on Nov. 29, 2007, for public drinking and fined $50.
Email John Burnett at jburnett@hawaiitribune-herald.com.
