A Makiki man received the maximum 10-year prison term Monday for first-degree negligent homicide and for fleeing the scene after driving over and killing a 20-year-old woman in the drive-through lane of a Nanakuli fast-food restaurant in 2010.
At his sentencing in state court, Albert Birmingham, who pleaded guilty in February to negligent homicide, told the family of the victim, Raelynn "Aloha" Adams, that he did not see Adams.
Because he has a prior felony conviction, Circuit Judge Karen Ahn ordered Birmingham, 38, to spend at least three years and four months behind bars before he is eligible for parole. The Hawaii Paroling Authority can set a higher minimum.
Ahn also ordered Birmingham to pay $6,891 in restitution for Adams’ medical and funeral expenses, a $1,000 fine for consuming or possessing alcohol while driving and a $250 fine for driving after his license had been revoked for drunken driving. Ahn also ordered Birmingham’s driving privileges revoked.
Adams died Jan. 31, 2010, after Birmingham ran over her in the drive-through lane of a McDonald’s as he was fleeing from a confrontation with Adams’ boyfriend. Police said Birmingham had been honking his horn at the boyfriend, who was in the car in front of him.
Adams’ mother, Rosalind L. Adams, said she was "disappointed" with Birmingham’s explanation of what happened and that he was able to avoid a longer prison term in a plea deal with the prosecutor.
An Oahu grand jury had returned an indictment charging Birmingham with manslaughter.
After running over Adams, Birmingham drove off. Police found him nearby lying inside his parked vehicle.
The prosecutor said Birmingham’s blood-alcohol content was 0.132. The legal threshold for drunken driving is 0.08.
Birmingham already had two drunken-driving convictions when he ran over Adams. Police stopped him for another DUI and driving after his license had been revoked last July while he was free on bail. He pleaded no contest in March.
