A state judge threw out the felony verdict jurors reached in the trial of a motorist they found guilty of injuring a Honolulu police officer at a traffic stop, but left in place the jury’s misdemeanor guilty verdict in the death of another officer at the same traffic stop.

A jury found James Dorsey guilty last month of felony negligent injury for causing the serious injuries officer Herman "Sam" Scanlan suffered Sept. 13, 2011, along Farrington Highway near Ko Olina. They also found him guilty of misdemeanor negligent homicide for running into and killing officer Eric Fontes.

Dorsey was facing felonies for injuring Scanlan and killing Fontes, but the jury chose the lesser crime in Fontes’ death.

Circuit Judge Glenn Kim said the two verdicts were inconsistent because the jury said in the felony negligent injury verdict that Dorsey acted with "negligence," while in the misdemeanor negligent homicide verdict jurors said he acted with "simple negligence," a lower level of culpability. There is no simple negligence standard in Hawaii law for the crime "negligent injury."

Kim said he threw out the felony verdict because it was clear to him that the jurors rejected the negligence standard when they found Dorsey guilty of simple negligence.

Dorsey’s lawyer, Carmel Kwock, agreed.

"So technically, legally, what (the jurors) should have done is convict (Dorsey) on the misdemeanor for the homicide and then acquitted him of the injury," she said.

Kim said he understands that his ruling will probably disappoint Scanlan, his friends and his family because it frees Dorsey of any criminal responsibility for injuring Scanlan.

"I assure you, this decision gives me no pleasure. However, my job is to apply the law, the requirements of the law, as I understand them," Kim said.

Prosecutor Kristine Yoo said, "It’s a shame officer Scanlan’s injuries are not validated by a verdict."

Yoo said she doesn’t think there is anything wrong with the jury’s verdicts. She said she is not sure whether the city Department of the Prosecuting Attorney will appeal Kim’s decision.

Dorsey, 22, faces a maximum one-year jail term and $2,000 fine when Kim sentences him in January. He could have faced a maximum five-year prison term and $10,000 fine with the felony. Kim’s decision also frees Dorsey of having to pay any restitution in connection with Scanlan’s injuries.

Kwock said Dorsey basically shut down after the crash. She said he stopped working, stopped attending National Guard training and is afraid to leave the house.

Dorsey told police he fell asleep behind the wheel of his pickup truck, which squeezed in between the concrete median and two police vehicles before hitting Fontes and another police vehicle that ultimately struck Scanlan.