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Former Kamehameha Schools football player Kaulana Werner was crossing the street just a block from his home in Nanakuli when he was hit and killed by a car in 2016. The driver fled the scene.
At the urging of his family and others who have lost loved ones in similar circumstances, lawmakers are pushing ahead with a measure some have nicknamed “Kaulana’s Law” that would allow extended prison terms for people convicted of fleeing the scene of a fatal accident.
The 19-year-old Werner had come home to help care for his ailing mother after a semester at a Kansas college where he was majoring in business and playing football, according to family members.
“We don’t know what normal is anymore. Our life consists of waking up in tears to falling asleep in tears. Holidays and birthdays and family outings (are) so different,” said Werner’s older sister, Ronnelle Werner-Celes, in written testimony asking lawmakers to approve Senate Bill 2582, which would allow enhanced sentencing of up to 20 years in prison for those who fail to stop and help their victims.
Under current law, first-degree negligent homicide is punishable by up to 10 years in prison.
“Things need to change. People need to pay the consequences for their actions because the aftereffect is the most painful feeling anyone has to endure,” said Werner-Celes in her testimony.
The driver accused of killing Werner, Myisha Lee Armitage, pleaded not guilty to first-degree negligent homicide last year. She is free on bail with her trial set for May.
“It would not affect my brother’s case, which is pending,” said Ron Shimabuku, godparent and hanai brother to Werner. “The overall objective is to help others, to save lives … . We just felt that for negligent homicide, the penalties are just a slap on the wrist.”
Shimabuku added that the Werner family has been working closely on the issue with the Hawaii chapter of Mothers Against Drunk Driving.
The bill is also supported by the families of Jonah Ragsdale and Daniel Mole, who were struck and killed by a car while changing a tire on the side of Farrington Highway in Makaha in February. The alleged driver in that case fled the scene and was arrested days later. Family members said Werner is a distant relative of Ragsdale.
House Judiciary Committee Chairman Scott Nishimoto voted March 14 to recommend SB 2582 be passed, and the measure is awaiting a floor vote by the full House.
“Obviously with the recent events, it’s something that seems more than just an isolated incident,” Nishimoto said. “It’s pervasive on the west side and we need to do anything we can do to keep the roads safe out there. And if this will prevent the kind of tragedies that we’ve had, I’m all for it.”
The Office of the Public Defender submitted testimony opposing the bill.
“Extended terms of imprisonment have been reserved for those individuals deemed incorrigible or those who committed acts against vulnerable victims,” said the Public Defender’s Office in written testimony. “A person who commits a negligent homicide does not possess the requisite state of mind for which an extended term is warranted.”
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