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Judge delays plea by girlfriend in fatal Hawaii watercraft crash

By Gregg K. Kakesako

POSTED:
LAST UPDATED: 03:39 p.m. HST, Sep 07, 2012


The girlfriend of the Australian tourist convicted of fatally injuring a Northern California girl in a Keehi Lagoon jet ski crash was granted a two-month court continuance today on a charge that she misled police by deleting video she had taken of the August accident.

District Judge Leslie Hayashi granted the request by Natasha Ryan, 21, a Brisbane dental hygienist, requested by her attorney, Walter Rodby. Rodby said the extra time will be used to work out details for Ryan to enter a guilty plea by mail. 

Ryan’s next District Court hearing will be Nov. 5.

Ryan, who was not in court this morning, is facing a maximum penalty of one year in jail and a $2,000 fine for second-degree hindering prosecution. She is free on $500 bail.

Rodby declined to say if Ryan has returned to Australia. Her Australian passport was never taken from her when she was charged on Aug. 11 and posted bail. However, criminal defense attorney Eric Seitz said a provision of any bail is that the defendant cannot leave the islands.

Rodby said he wants to work out an arrangement in which Ryan would plead guilty or no contest — which he said is common for misdemeanor offenses — by mail.

He said he hopes to reach an agreement with city prosecutors and present it to the judge in November after it is signed by Ryan.

Ryan turned herself in to Honolulu police detectives on Aug. 11 — six days following the Keehi Lagoon accident in which her boyfriend, Tyson Dagley, drove his rented personal watercraft into one driven by Kristen Fonseca, 16, of Vacaville, Calif., at the Aloha Jet Ski Rental complex. Fonseca died a day later of brain injury.

Rodby said Ryan feels “remorse” over what she did.

“At the time the video was erased, Tyson was still in the hospital,” Rodby told reporters after today’s brief District Court hearing. “Tyson’s parents were on their way to Hawaii.

“Natasha was alone and not thinking straight and thought that would be a good thing for Tyson,”

Police said she misled investigators during the negligent homicide investigation.

Hindering prosecution is a misdemeanor offense punishable by up to a year in prison. Dagley was standing on his rented watercraft on Aug. 5 before it hit Fonseca's watercraft from behind. Dagley’s defense attorney conceded that Dagley was not paying attention to where he was going, only looking at his girlfriend, who was taking video and photos.

A police report said Ryan told police Dagley was traveling at slow or medium speed throughout his rides and before the collision was sitting down and looking straight ahead. She said she didn’t see the collision and didn’t take photos of it. 

A forensic computer examiner with HPD was able to recover two deleted video segments from the memory stick in Ryan’s Olympus digital camera, one of which shows the collision, police said. In the video, Dagley appears to be standing on the watercraft, the report said.

Dagley pleaded no contest to third-degree homicide and was sentenced Wednesday to 12 days in jail, which he had already served, and ordered to pay the Fonseca family $78,000 in restitution. Dagley was granted a deferred acceptance of a no-contest plea, which means that the misdemeanor conviction would be erased from his U.S. criminal record if he stays out of trouble for a year.






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dlum003 wrote:
Throw the book
on September 7,2012 | 06:07AM
frontman wrote:
She is holding out for the judge her boydriend had.
on September 7,2012 | 12:59PM
localguy wrote:
Forrest Gump said it best, "Stupid is as stupid does."
on September 7,2012 | 06:24AM
KeithHaugen wrote:
Remember, when you "delete" pictures, they are not really gone.....
on September 7,2012 | 06:31AM
st1d wrote:
this was a deliberate act to destroy evidence in a homicide investigation. she knew she was doing something wrong, morally and legally when she deleted the videos. then, she deliberately lied to investigators about it. she deserves the harshest penalties available for her actions.
on September 7,2012 | 06:39AM
allie wrote:
true
on September 7,2012 | 04:40PM
palani wrote:
STOP persecuting/prosecuting children guilty of bad judgement.
on September 7,2012 | 06:57AM
haleiwalad1 wrote:
bad judgement that results in a death and subsequent coverup is business of the justice system - plain and simple.
on September 7,2012 | 07:32AM
false wrote:
Um.... when did age 21 become defined as being a child? I must be missing some new law that you are apparently knowledgable of...
on September 7,2012 | 07:41AM
palani wrote:
Check Obamacare about keeping "children: under age 26 on parents health insurance policy. Also, think back to when you were age 21, and the decisions you might have made, good and bad.
on September 7,2012 | 09:14AM
aomohoa wrote:
It was long ago but when I was 18 I was responsible for myself. Back then we grew up and didn't remain children living with our parents at 25 years old. This is the "I want everything now" generation. No one wants to safe or work hard. They just want to have everything . I bought older cars so I could pay cash. That is what has destroyed our economy. We saved, we put down money to buy a house and we didn't live on credit.
on September 7,2012 | 09:44AM
allie wrote:
well said..although you are not a stranger to immaturity at times
on September 7,2012 | 04:41PM
KekoaBradshaw wrote:
I made some dumb decisions at age 21, but never once did any of them result in the death of another person (such as boyfriend Dagley) nor did my dumb decisions involve trying to cover up for somebody who caused the death of another.
on September 7,2012 | 12:36PM
kainalu wrote:
Agreed, palani. I wonder how many people know that erasing images from your camera was a "crime", regardless it the images were "evidence" or not? I wouldn't have thought so - it's my camera and my video/pictures.
on September 7,2012 | 08:01AM
IAmSane wrote:
Oh, give me a break. She knew exactly what she was trying to do when she deleted those videos. Deleting videos from your camera is not a crime; hindering prosecution is.
on September 7,2012 | 08:24AM
saveparadise wrote:
Sadly I would have to agree with your summary. Her action was more of a crime than the actual accident. Although justice is blind and must view only the facts, there is a time and place in every unfortunate situation for people to forgive and forget. For the family of the deceased to have true closure they should forgive this young man and move on. This was not a hate crime nor a planned attack. May this beautiful young woman rest in peace.
on September 7,2012 | 08:58AM
Publicbraddah wrote:
I also agree. Poor judgement caused the accident. Deleting the pictures was intentional. In that sense, it is a crime. Stop bringing politics into every issue. This is a clear cut case of hindering prosecution. Stop making excuses.
on September 7,2012 | 09:31AM
cojef wrote:
Does deleting fall under the category of aiding and abetting in the commission of a crime as opposed withholding of critical evidence or destroying same? Is the former a felony and the latter a misdeamesner? The answer to either question determines the punishment?? Lessons can be garnered not to tamper with evidence. It has consequences and permissive attitudes only delay the learning curve. Becoming of age means one has to act in a responsible manner. Childish pranks are no longer condoned. Some learn the hard way, others of character do not have any problems. Lessons learned today makes for responsible individuals of tomorrow.
on September 7,2012 | 09:42AM
daniwitz13 wrote:
I disagree with most here that the girl should be punished. I would actually say the Police was WRONG to take the camera and look inside. She is NOT withholding evidence, it was images she took for herself. Evidence is at the scene, NOT in the camera. What if there were NO camera? What if there were NO "stick" in camera? what if a tourist just happened to video it. Do the Police confiscate ALL cameras in the area to find out? What ever was in the camera is PRIVATE. Whatever is on a film or "stick" is NOT evidence of truth or proof. It is a Constitutional right to lie. Not as a lifestyle, but never the less a Right. The Police owe her an apology instead. Pity.
on September 7,2012 | 12:44PM
Publicbraddah wrote:
If HPD did anything inappropriate, I'm sure her attorney would have jumped on it by now. But that's not the case. She knowingly destroyed evidence. I don't think it's aiding and abetting a crime since this was an accident and not a crime. But withholding evidence to this accident IS a crime.
on September 7,2012 | 01:52PM
aomohoa wrote:
They did say in court their daughter would want them to forgive him. They will never forget. Would you?
on September 7,2012 | 09:45AM
walaau808 wrote:
For all the wrong we've committed, do we want those we've wronged to forgive and forget? If yes, then we must do the same! The forget part doesn't mean you forget the person who might no longer be there, nor do you forget the circumstances and lessons learned. Rather, look forward to the rest of life without looking backward.
on September 7,2012 | 10:10AM
WKAMA wrote:
I tend to agree with you. I'm sure there was panic when the accident happened...trying to help the injured woman... calling for help and all that. Would a person in that situation suddenly think.. I'd better delete the images because the cops are going to go after my camera. That would be the least thing on my mind. Put yourself in her situation. Is that what you would do? If anyone says, yes, well maybe that person shouldn't be throwing rocks at the young lady because that person would be the same kind person he is accusing the young woman of.
on September 7,2012 | 12:00PM
jess wrote:
Sorry, this is not a child practicing bad judgement. This was an adult who lied to cover her boyfriend's butt.
on September 7,2012 | 08:19AM
aomohoa wrote:
She is not a child and she was tampering with evidence. She knew exactly what she was doing. Yes they are both stupid but a young girl is dead. You might feel different if it was your child gone forever!
on September 7,2012 | 09:39AM
walaau808 wrote:
I agree, of course we'd all feel different if it was our child who was lost...but how much more blood needs to be spilled before we feel better? Will prison time, fines, etc. make a parent truly feel better? I couldn't imagine placing a price tag on a child of mine who is gone, whether it be in money or time spent in jail. Tough situation all the way around.
on September 7,2012 | 10:12AM
allie wrote:
i must agree
on September 7,2012 | 04:42PM
KekoaBradshaw wrote:
If she were a child, this matter would have been to Family Court. She's an adult.
on September 7,2012 | 12:16PM
Larry01 wrote:
Too bad for her, but when you're panicked and in a situation like that, you'd probably do a lot of things out of fear.
on September 7,2012 | 07:37AM
false wrote:
They let him off, why would they hold her to a higher standard. This is another loss of justice for the death of an innocent. Don't expect any difference than what has preceded.
on September 7,2012 | 07:45AM
serious wrote:
False, agreed. Our justice system, and that includes the prosecutors and judges---show less than rational judgment
on September 7,2012 | 08:14AM
Dragonman wrote:
Yes she did lie and destroy evidence. She has been charged and will probably pay a fine, no jail time. What bothers me is all the hate directed at Ryan and Dagley through repeated postings on this site. These two people behaved badly and were and will be punished. I could understand if if you knew or are related/friends of the victim, but I seriously doubt if any of you are related/friends of the victim in any way, so why all the hate. I can understand the parents, relatives and close friends wanting these two proscuted and given the maximum sentence allowed but it appears most of you would be really happy to see these two young people jailed and the keys thrown away. I am frightened and disappointed by the lack of compassion shown on this blog over the past weeks. These two young people are not criminals in the true sense. They both committed a serious error in judgement and will be punished for this error. Its the continous calling for their blood that upsets me, that and the fact that we all can post and say anything we want to without giving up our identity which means we are not held accountable for anything we post.
on September 7,2012 | 08:12AM
Morimoto wrote:
To me you signify exactly what's wrong with justice in Hawaii: more concern for the criminal (yes they are criminals) than with the victims. It doesn't matter if people are related to the victims or not, in fact if they're not, it doesn't cloud their judgment. I don't think most people want the couple to be thrown in jail for life but you seem to forget that someone died here. This person died as a result of the negligence and recklessness of someone else. It was an entirely preventable event. The fact that Dagley got sentence to 12 days in jail and a $30/month fine for life is like a slap in the face of the victims family. He should spend at least 5 years in prison IMO. The judge's sentence was just a travesty of justice. Your lack of sympathy for the victim and her family is what's really disturbing.
on September 7,2012 | 08:41AM
false wrote:
Agreed
on September 7,2012 | 09:17AM
Dragonman wrote:
Morimoto, you missed my point entirely. I feel sorry for people like you so full of hate.
on September 7,2012 | 12:21PM
Morimoto wrote:
Judging by our response you didn't even read my post. How do you know I missed your point? Because I don't agree wth you? Saying you "feel sorry for me" is both false and a pathetic attempt to discredit me. BTW, I'm a lover not a fighter.
on September 7,2012 | 12:49PM
WKAMA wrote:
Were they criminals because someone got killed? Suppose the woman was only slightly injured. Still a criminal? My feeling is that both used poor judgement and in this case someone was killed. Lots of us used poor judgement while growing up but fortunately the consequences were minor.
on September 7,2012 | 11:26AM
KekoaBradshaw wrote:
If Fonseca were only injured through the actions of Dagley, he probably would have been charged with the crime of Assault.
on September 7,2012 | 12:40PM
ghstar wrote:
I would agee with dragonman. The crash was an accident, the act of erasing the video was very bad judgement and a criminal act, though the girl probably did not think that far. Let her plead guilty and give her a hefty fine and probation. I see no benefit to anyone to spend $50,000 a year to keep her here in jail. This whole affair is a very unfortunate accident by young people who were careless and not paying attention. We've all been there and most of can think of several times in our life that only luck prevented us from being hurt or hurting others when we did stupid things. Let's put this whole unfortunate business behind us.
on September 7,2012 | 11:37AM
Dragonman wrote:
Thank you ghstar. Finally someone who understands what I was trying to say. Once again, I am not saying these two people should not be punished. I am questoning why all the hate.
on September 7,2012 | 12:24PM
Morimoto wrote:
You confuse seeking justice with hate. Hate is a strong word. I don't think anyone here hates Dagley and Ryan but they want to see them held responsible for their actions. Remember someone died because of the reckless actions of another person.
on September 7,2012 | 12:52PM
false wrote:
Not hate, just disappointed with the imbalance of justice for the loss of a child.
on September 7,2012 | 01:48PM
allie wrote:
well said
on September 7,2012 | 04:42PM
jess wrote:
I think she did worse than the boy... throw the book!
on September 7,2012 | 08:18AM
kainalu wrote:
Perhaps a nice big heavy Bible, eh?
on September 7,2012 | 10:14AM
Macadamiamac wrote:
Before you judge this young woman, consider she and Dagley are strangers in this strange land – barely speaking the language. A horrible crash occurs in which Dagley kills an innocent (presumed). If you were in her shoes, who would you defend? Even if it means lying?
on September 7,2012 | 08:22AM
Morimoto wrote:
Are you for real? Let's see if you feel the same way if it was one of your loved ones who was killed. LOL "barely speaking the language"? Is that supposed to be some kind of joke? Last time I went to Australia they spoke english.
on September 7,2012 | 08:45AM
aomohoa wrote:
They are from Australia. They speak English. Stop feeling sorry for them! I guess I have to much integrity to lie. I guess you don't Macadamiamac.
on September 7,2012 | 09:48AM
Poipounder808 wrote:
(Macadamiamac) Dumbest post of the day, congrats!
on September 7,2012 | 11:49AM
aomohoa wrote:
You are so right Poipounder808!
on September 7,2012 | 03:02PM
KekoaBradshaw wrote:
What's this ...ia horrible crash occurs in which Dagley kills an innocent (presumed)." Sounds like you're trying to blame the victim. If Fonseca had done anything which would have served to mitigate the cirucmtances of Dagley's act, don't you think Dagley's attorney would have brought that up in court and maybe even had him plead not guilty? As Morimoto says below, are you for real?
on September 7,2012 | 12:44PM
allie wrote:
huh?
on September 7,2012 | 04:43PM
PTF wrote:
HawaiiNewsNow shows the video on their site. Very interesting.
on September 7,2012 | 08:38AM
palani wrote:
And it sure looked like the unforunate victim had slowed her jetski to almost a stop, at least contributing to the accident. Would you slow your car to 10 mph on the H-1?
on September 7,2012 | 09:17AM
aomohoa wrote:
And if you did, it would still be the person rear ending you at fault. These companies should not let people ride these jetskiis at this speed. The speed can be controlled with a speed limiter. It should not be allowed to go more than 25 MPH not 45.
on September 7,2012 | 09:50AM
cojef wrote:
There is no excuse for hot dawning and kill someone in the process.. Further if the victim did what you say she did, the fact remains he hit her from behind. The victim did contribute to her demise. The hot dawging smart-aleck caused the death. Your post sound ridiculous in light ofbthebfact that a serious death resulted as result of his careless actions. Have a little sympathy for the victim..
on September 7,2012 | 09:56AM
KekoaBradshaw wrote:
All Dagley had to do was pay attention and swerve his jetski to the side to avoid hitting Fonseca. Instead, he was showing off for girlfriend Natasha and mugging for her videocam. With all the noise jetskis make, how could Fonseca even know that Dagley was right behind her?
on September 7,2012 | 12:47PM
nigelUV001 wrote:
She was a not stupid. She was a "girl friend" , probably young and in love and looking to protect her boyfriend. It was wrong, but I have known so many young and even older women of all nationalities who would want to protect their loved ones.
on September 7,2012 | 09:05AM
Morimoto wrote:
NO matter what her motives were, she committed a crime and needs to be punished. Unfortunately, she probably won't even see a day in jail, just a slap on the wrist.
on September 7,2012 | 11:57AM
MickFerreira wrote:
They speak English, are from Australia. The boy made a mistake, 'fessed up, took responsibility and was duly punished. She on the other hand, DELIBERATELY deleted video, lied and immorally hindered the investigation regardless of what was right. For that, take on the punishment everyone else thought the boy should have got.
on September 7,2012 | 09:09AM
Mahalo wrote:
Exactly, he acted just like a young boy does with a motor vehicle acted rectless and showing off. Her on the other hand looked at the videos knowning they showed the whole thing on film and deleted it.. If the young lady hadn't passed away would she of deleted the video?? Hard to say... but she does deserve to be proscuted even if its just probabtion its a message that needs to be sent. To be truthful! With the conviction, if convicted her visa would not allow her back into the US. I am not supporting jail time.
on September 7,2012 | 09:26AM
sailfish1 wrote:
Other than the restitution, it would be rather odd if this girlfriend got a biggest sentence than the boyfriend
on September 7,2012 | 09:21AM
false wrote:
false3. Not really. Her actions were calculated and deliberate. His actions were of showing off and inattention. There is a world of difference between calculated and accidental.
on September 7,2012 | 01:14PM
jorndorf wrote:
Imagine you are driving on the H-1, look down to change the radio station and don't see the car stopped in front of you. The accident kills the driver of the other car. Would you then say you deserve 5 years in jail or "the book" as everyone is claiming for a momentary lack of attention? Because you would charged with the same thing as Dagley was. A long prison term for this couple doesn't bring Kristen back and doesn't provided additional deterrent for incidents like this in the future. This incident enough has already opened the eyes to this danger. Their punishment should consistent with others that have been convicted of the same crime.
on September 7,2012 | 09:49AM
Poipounder808 wrote:
A one year prison term is not long. It is all about taking responsibilty for your actions, especially when a life is taken. She purposely misled (lied to) investigators, time to take her punishment.
on September 7,2012 | 11:53AM
aomohoa wrote:
I hope the parents fight for a law that limits the speed on jetskiis.
on September 7,2012 | 09:52AM
Kuniarr wrote:
Until and unless a video is in the hands of the authorities, that video is personal property which is nobody's business but the person owning it.
on September 7,2012 | 10:39AM
Morimoto wrote:
By your logic if your personal gun was used to commit a crime the police wouldn't be able to confiscate it because it is privately owned.
on September 7,2012 | 11:59AM
Dragonman wrote:
Kuniarr said until the video is in the hands of the authorities, it belonged to her and she could do what she wanted with it. Kuniarr never said the authorities could not confiscate it. I am not a lawyer so I don't know the legalities involved in this instance, but Mrimoto you should really read the post carefully before you comment.
on September 7,2012 | 12:38PM
rhs763 wrote:
Criminal act deserves some kind of punishment.
on September 7,2012 | 11:45AM
bahIggins wrote:
What is wrong with the two judges?!!
on September 7,2012 | 11:52AM
Morimoto wrote:
It's not their child so they can't see how much pain it causes the victim's family. They're more concerned with the perpetrators "getting on with their life" than the victim's family.
on September 7,2012 | 12:00PM
Morimoto wrote:
Different schools of thought elicit different responses regarding the punishment for these cases. Some say that it was purely an accident and locking someone up won't bring back the dead so let the perpetrators learn their lesson with a fine and a stern warning. Others say throw the book at them. No justice system in the world is close to perfect and they evolve to reflect society's values at the time. There will always be an endless debate as to whether a punishment is too harsh or too lenient. The best we can do is try to find a balance between the two. Unfortunately, I believe the charge (3rd degree negligent homicide) was far too petty for such a serious incident. The most Dagley could have gotten was 1 year in jail I believe. To sentence him to 12 days and $30/month fine for life is ridiculous to me. I mean it's not even within reason. The judge is basically saying someone's life is worth 12 days in jail and a menial fine, just unbelievable. I encourage everyone who feels the same way to contact their representative and petition for harsher penalties for these kinds of incidents including drunk and reckless driving, driving without a license or registration, etc. These types of crimes end up all to often with the perpetrator just facing a slap on the wrist while the victim is left dead or injured for life.
on September 7,2012 | 12:14PM
Dragonman wrote:
Well said Morimoto. I agree with everything you just posted.
on September 7,2012 | 12:58PM
DA_HANDSOME_CHINAMAN wrote:
What I don't understand is why did she erase it? Was it that bad she had to hide it by destroying it? I sure would like to know what she had deleted. Guess she thought it would make her REAL GUILTY!
on September 7,2012 | 12:25PM
false wrote:
She erased it because it was so horrific. She couldn't entertain looking at it or showing it to anyone. Did she appreciate that it was evidence? That maybe the question?
on September 7,2012 | 01:54PM
Rickyboy wrote:
Ask that the case be moved to Judge Perkins court. She will be back in Australia soon. G'day.
on September 7,2012 | 12:33PM
ski3779 wrote:
Let's see, wants to make a plea via mail, not in person. Only reason she wants to do that, is because she is back in Australia. And her b/f is now there with her. The Hawaii courts and judges are really stupid, wondering how they ever passed the bar exam. Would not be surprised if we do not hear from her again. Try sentencing her now, Hawaii court system. Real stupid. If she gets anything more then a little hand slap, something is really wrong. Her b/f kills someone and basically walks away scot-free, amazing.
on September 7,2012 | 12:56PM
false wrote:
$30 a month is more painful for the victim's family than the "showoff".
on September 7,2012 | 01:56PM
clum3063 wrote:
The police and prosecutors are doing the right thing by prosecuting this case and her boyfriend. Life is all about accountability, and deliberately deleting the video, she knew exactly what she was doing. Let the court set the punishment after she pleds. She will learn a valuable lesson from this as should everyone else.
on September 7,2012 | 03:54PM
solobiker1 wrote:
(a two-month court continuance) IS JUST SO THE LAWER CAN CHARGE MORE . THAT IS THE SHAM OF THIS. THE OUT COME FOR HER WILL BE THE SAME NO MATTER WHAT CUT THEM LOSE BRUCE JUDGE SHE GETS.: ;-)
on September 7,2012 | 04:04PM
saywhatyouthink wrote:
They're both remorseful huh....yea right. She's sorry she got caught. I can't believe the bs legal system allowed her boyfriend to walk away from killing a kid... even if it was an accident. What happened to involuntary manslaughter?????Someone needs to be held accountable for this crime, maybe she'll get the sentence her boyfriend shoud have got.
on September 7,2012 | 06:53PM
stevedryden wrote:
12 days in jail for committing a homicide? Sure makes it convenient for those on a limited vacation schedule.
on September 7,2012 | 07:36PM
sching1999 wrote:
She should share the burden like her boyfriend. According to Sep 5 StarAdvertiser,Circuit Judge Richard Perkins also said Tyson Dagley would have to pay restitution of $78,000 — in $30 monthy installments — to the family of victim Kristen Fonseca. That will take 2,600 months or 216.6 years to pay off.
on September 8,2012 | 02:07AM
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