A 26-year-old woman accused of killing a 19-year-old man in a 2016 hit-and-run in Nanakuli has been sentenced to 10 years in prison.
Circuit Judge Paul B.K. Wong sentenced Myisha Lee Armitage to two indeterminate 10-year prison sentences in a packed courtroom Friday after a jury found her guilty in August of negligent homicide and accidents involving death or serious bodily injury in the death of Kaulana Werner.
The terms are to run concurrently, which means they will run at the same time.
A parole board will set the minimum sentence Armitage will serve before she becomes eligible for parole.
Wong also ordered her to pay restitution of $7,684.24 to Werner’s parents, Edward and Paulette “Paula” Werner.
After sentencing ended, Werner’s father said that — although he hoped for a consecutive prison term — the 10-year sentence brought him and his family some closure. “We don’t want anybody to go through what we’ve been going through for that amount of time.”
“We got justice and now we can move forward,” he added.
Acting Honolulu Prosecuting Attorney Dwight Nadamoto, who requested the judge impose two consecutive terms against Armitage at Friday’s sentencing, said, “We would have preferred 20 years, but 10 years is also good.”
“This type of behavior just has to stop. And it is preventable. If you drink, you shouldn’t be driving,” Nadamoto said.
Armitage’s court- appointed attorney, Andrew Park, said they plan to appeal the sentence.
The deadly crash occurred on the night of April 24, 2016, on Farrington Highway near Werner’s home. Police said Werner was crossing the highway when he was struck by a vehicle operated by Armitage.
During the trial, Armitage testified that she had two drinks and blacked out when something struck her car. She denied leaving the scene.
Police said she was traveling east and speeding when officers arrested her about a half-mile from the crash site. Her blood alcohol content was 0.13 at the time of the crash. The legal threshold is 0.08.
Werner attended Sterling College in Kansas after graduating from Kamehameha Schools in 2015, where he was a varsity football player. He returned to Hawaii after one semester to help care for his ailing mother.
Werner’s close friends and family members gave emotionally charged statements before the judge and Armitage.
Edward Werner stood with his wife at a podium that held their son’s urn and wiped away tears as he described the “unbearable pain” he continues to endure more than three years after his son’s death.
At one point Werner’s calm, steady composure turned to anger as he turned to Armitage and condemned her, saying she has shown no remorse.
He apologized profusely to the judge for his outburst. “I’m sorry about that. That’s exactly how I felt that night. I was raged. She lucky I never found her that night ’cause that’s how hurt I was, your honor. Just losing my son, my only son,” he said.
Werner’s mother also turned to Armitage and said, “How could you? You never looked at us in court. You never gave us that look to say, ‘I’m sorry.’ You shattered my life into so many pieces.”
Armitage kept her head down throughout the hearing. She opted not to say anything during her sentencing. The judge noted she submitted a letter to the court indicating her grief over Werner.
Wong weighed the seriousness of the offenses as well as other factors such as Armitage’s lack of a criminal record. “The court must weigh and consider particular laws. The court is well aware of the great grief, anger and outrage that naturally and expectedly spring from the defendant’s crimes,” he said.
Once the sentencing ended, Armitage hugged her boyfriend and family members before sheriff’s deputies took her into custody.
A new law, dubbed “Kaulana’s Law,” was enacted last year that allows enhanced prison sentences for people convicted of negligent homicide that also involve fleeing the scene.
Armitage Sentencing Order by Honolulu Star-Advertiser on Scribd
