The Australian visitor accused of killing a 16-year-old California girl in a personal watercraft collision in Keehi Lagoon earlier this month is no longer in custody.
The parents of 20-year-old Tyson Dagley posted their son’s $100,000 bail Monday in cash.
Defense lawyer Walter Rodby says Dagley cannot leave the state because police have his passport.
Dagley is scheduled to appear in state court Thursday to enter a plea to third-degree negligent homicide. The crime is a misdemeanor punishable by up to a year in jail and a $2,000 fine. Dagley is accused of killing Kristen Fonseca Aug. 4 by accidentally ramming his watercraft into the back of Fonseca’s.
Hawaii’s negligent homicide and negligent injury laws previously applied only to deaths involving cars, trucks and motorcycles. Gov. Neil Abercrombie signed into law on April 17 changes to negligent homicide and negligent injury to include mo-peds and all description of watercraft used or capable of being used as a means of transportation on or in the water.
The Maui County prosecuting attorney and Police Department lobbied for the changes, citing three recent incidents of boats running over swimmers or divers:
» Alan Amoncio, 51, died July 31, 2011, after a tour boat ran over him while he was diving in Lanai’s Kaumalapau Harbor. The Maui County prosecutor charged tour boat operator Eric J. Olbrich in February with manslaughter and recklessly operating a vessel. His trial is scheduled for October.
» John Caughlin of San Mateo, Calif., was in Hawaii Sept. 3, competing in the Maui Channel Swim relay race. He was near the finish line at Kaanapali Beach when an escort boat for another team ran over him. Caughlin, 41, lost his right arm and his thumb, forefinger and use of his middle finger of his left hand. The case is pending review by the Maui prosecutor for possible criminal charges.
» William Kalamikai Gonzales, 60, died Dec. 29 while snorkeling off Lahaina’s Hanakaoo Beach to prepare the lanes for a high school canoe paddling race when a sailboat ran over him. The state Department of Land and Natural Resources is still investigating the case.
