A Circuit judge denied a motion for early release today for a driver sentenced to prison in connection with the death of a 28-year-old Honolulu police officer killed in a 2012 crash on the H-1 freeway.
Scott Frederick Ebert, of Mililani, was sentenced to one year in prison in August after a state jury found him guilty of misdemeanor negligent homicide in the death of Garret Davis. The term is the maximum penalty for the offense.
At today’s hearing, Judge Colette Garibaldi said the sentence reflects the seriousness of the offense.
During the hearing, Ebert’s attorney Emmanuel Tipon said Ebert has been a model inmate at the federal detention center where he serves as a teacher for a group of inmates in the general education diploma program. He is also part of a Bible study group.
A federal firefighter and Air Force reservist, Tipon sought a reduced sentence because of an upcoming Air Force administrative separation hearing Ebert wanted to be present for, where the board is to address whether he can continue to serve as a reservist.
Tipon said Ebert’s young daughter also has experienced behavioral problems due to Ebert’s absence.
In 2012, Davis, a police officer of the Wahiawa Police Station, parked his patrol car behind a stalled vehicle in the left lane on the H-1 freeway to assist the two occupants.
Ebert was traveling at least 80 miles per hour in a full-sized pickup truck when he struck Davis’ patrol car.
Witnesses testified in court that Ebert was running late to catch a flight on the mainland for Air Force Reserve training.
After today’s hearing, deputy prosecutor Adrian Dhakhwa said the one-year prison term is “more than fair.”
“To ask that the sentence be cut short after four months, I think it was really a slap in the face, really disrespectful to the victim’s family,” he said.