A 44-year-old Pahala fire captain who struck and killed a 22-year-old man in 2005 and left the crash will serve 90 days in jail on weekends and so far has kept his county job.
Big Island Circuit Judge Greg Nakamura sentenced Konrad K. Mossman on Wednesday to a year in prison with all but 90 days stayed. He will be on probation for 10 years and must pay restitution of $125,000 to the victim’s family as part of a plea deal with the prosecutor’s office.
Mossman was granted a deferral of a no-contest plea. This means his criminal record will be wiped clean if he abides by the terms of his probation at the end of the 10 years.
Dale Tim Sing was walking along the side of a road in Panaewa at about 9:30 p.m. Aug. 4, 2005, when Mossman struck him from behind with his Ford F-250 pickup truck.
Mossman called police the next morning, saying his wife, Huihui Lavon Kanahele-Mossman, had been driving and hit something.
Police found Tim Sing’s body on the side of the road.
Attorney Michael Green said Tim Sing’s father, Dale Cordero, is "really, really upset," adding, "His son was left to die." Green represents Tim Sing’s estate and family.
Cordero told the Hawaii Tribune-Herald after the sentencing, "You take a life, you get 10 years’ probation, one year in jail, but you only have to do 90 days on the weekends? I just don’t understand it."
Tim Sing’s family, his girlfriend, Kassy Astrande, and their child, unborn at the time of the accident, sued the Mossmans, alleging Mossman delayed reporting the accident to avoid a blood- alcohol test and that the couple conspired to cover up his drunken driving.
Deputy Prosecutor Rick Damerville said he would have been more satisfied if the sentence was longer, "but sometimes some justice is better than no justice."
Damerville said it would have been hard to prove first-degree negligent homicide with little evidence, and the state waited "almost to the statute of limitations" for more evidence.
Tim Sing had a blood-alcohol content of 0.19 and was walking on a dark, unlit road, so it was impossible to tell whether he was in the roadway or on the side, he said.
The county fire chief was unavailable to say whether the department will take action against Mossman, who was promoted to captain four years after the accident.