A 20-year-old Australian man who allegedly rammed his personal watercraft into the back of one being driven by a California teenager who later died was being held Friday in a police cellblock under a $100,000 bond — an unusually high amount for a misdemeanor — because prosecutors consider him a flight risk.
Tyson Dagley of Brunswick West, near Melbourne, was arrested and charged Thursday with third-degree negligent homicide for causing the death of Kristen Fonseca, 16, of Vacaville, Calif. The collision of personal watercraft occurred Sunday in Keehi Lagoon.
Fonseca’s stepfather, Mario Canton, told police that after Dagley hit his daughter, going about 35 to 40 mph, Dagley’s watercraft jumped over his daughter’s, and he saw her head hit the steering wheel before she fell into the water. Witnesses said they saw Dagley standing up in his rented watercraft numerous times, indicating that he was driving fast. They also said he was not paying attention to where he was going.
Third-degree negligent homicide is a misdemeanor that carries a maximum prison term of one year and up to a $1,000 fine. The criminal complaint against Dagley charges that he caused the death of Fonseca by operating his watercraft in a negligent manner.
During Dagley’s brief District Court appearance Friday, Deputy Public Defender Audrey Stanley asked District Judge Leslie Hayashi to reduce Dagley’s bail.
But Deputy Prosecuting Attorney Darryl Miyahira described Dagley as a flight risk, noting that he was planning to return to Australia on Monday. Miyahira said Hawaii has no extradition agreement with Australia for misdemeanor crimes, so there would be no guarantee that Dagley would return for future court appearances.
Hayashi rejected the request for reduced bail, keeping the amount at $100,000. Dagley was being held at Oahu Community Correctional Center.
Dagley, who was wearing a neck brace in court, will return to District Court at 8:30 a.m. Tuesday to enter a plea and for a decision on whether a jury will hear his case.
In a police report filed with the court Friday, investigators said Dagley was driving a 2011 Yamaha VX 1100 watercraft that hit Fonseca from behind. Canton told police the Australian tourist was traveling 35 to 40 mph when his watercraft hit the back of Fonseca’s rented 2010 Yamaha VX 1100 and flew over it.
Before the collision Canton said he tried to get Dagley to slow down, but Dagley was looking at the floating landing dock and not in front of him and did not see Fonseca.
Glenn Cohen, Aloha Jet Ski owner, said in the report that Dagley was standing on his watercraft and not paying attention to where he was going and only looking at his girlfriend, Natasha Ryan, who was taking video and photos.
Although Ryan told police she did not see the collision or take pictures of it, a forensic computer examiner was able to recover two deleted video segments from her Olympus camera, which show the collision.
After the collision, Fonseca was taken to the Queen’s Medical Center, where she died Tuesday. The Medical Examiner said Fonseca died of a brain injury.
According to court documents, there were only three watercraft on Aloha Jet Ski’s course after 1 p.m. Sunday: Fonseca’s, Dagley’s and a third driven by Monique Sanchez, Fonseca’s sister.
After the collision, Cohen and Canton went to aid Fonseca.
Dagley also had been injured and was bleeding from his forehead. He was taken to Queen’s in serious condition.
Cohen told police he heard Dagley saying, "I’m sorry. I’m sorry. I can’t believe what I did. I’m so sorry."
Ryan told police that she and her boyfriend had not been drinking before renting the watercraft Sunday afternoon.
Canton told reporters Thursday that the tourist approached his daughter’s watercraft "at a very high rate of speed … looking towards the dock so he was not looking in front of him."
An owner of a personal watercraft repair business, who examined the craft rented by Fonseca and Dagley at the request of the police, said in the report that within the last 78 seconds Fonseca’s engine had been running at 5,000 rotations per minute, or 30 to 35 mph. The mechanic estimated that during the same period of time Dagley’s engine was running at 7,000 rotations per minute, or approximately 40 to 45 mph. The mechanic said there were no mechanical problems with either watercraft.
Canton urged the state to consider stricter regulation of personal watercraft in confined areas such as Keehi Lagoon, where there is no speed limit.
Cohen told police that he instructed the riders to look forward at all times and that they were supposed to keep a 100-foot separation between watercraft. All riders were instructed to stay within the course, which is marked by buoys, and had to move in a clockwise direction.
Sunday’s accident is also being investigated by the state Department of Land and Natural Resources Division of Boating and Ocean Recreation, which oversees the watercraft rental business.
In the past five years, only two personal watercraft recreational accidents have occurred, and neither resulted in serious injuries, according to DOBOR. State boating head Ed Underwood called the accident "rare." in November 1998 a Japanese tourist died after two jet skis collided in Kaneohe Bay.
He said the state does not plan to change the rules governing the use of personal watercraft.
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Correction: There were no mechanical problems with either of the two personal watercrafts involved in the crash that killed Kristen Fonseca Sunday at Keehi Lagoon, according to a mechanic who examined them. An earlier version of this article reported that the mechanic found problems with both.
