Maui prosecutors use 'Kaulana's Law' for habitual drunk driver accused in deadly DUI hit-and-run - Hawaii News Now

WAILUKU (HawaiiNewsNow) - Maui Prosecutors want the toughest sentence possible for a repeat drunk driver accused of a deadly hit-and-run last month.

They are using a law inspired by a tragedy on Oahu.

“Please help us, we need justice for our dad,” Allan Dela Cruz pleaded back in January just days after his 73-year-old father Augustin was killed as he was riding his bicycle home from work in Lahaina.

Prosecutors heard the family’s plea.

“When they cry out for justice, that’s our job as prosecutors to pursue justice on behalf of the community and on behalf of the victims,” said Maui Prosecuting Attorney Andrew Martin.

Saul Martinez was arrested and charged with negligent homicide, habitual drunk driving and fleeing the scene in connection with Dela Cruz’s death.

Normally, Martinez would face a maximum sentence of 10 years behind bars.

However, Maui prosecutors are using a new law that targets drunks who kill and run away. So if Martinez is convicted, he could now face a maximum of 20 years in prison.

“Their loved one was left alone to die in the street and the individual who causes their loved one’s death committed the callous and unconscionable act of leaving the scene, that deserves a higher level of accountability and punishment,” Martin said.

Kaulana’s Law was enacted in 2018 in honor of Kaulana Werner, a teenager killed by a hit-and-run drunk driver in Nanakuli in 2016.

The Werner family says they are happy other counties are now using the law.

“Negligent homicide is a 10 year or probation, that’s a slap on the wrist to me personally and my family,” said Kaulana’s father Ed. “Every night we have to live with it for the rest of our lives.”

Martinez’s public defender Zachary Raidmae says negligent homicide is an act of negligence, it’s not intentional and said 20 years is an “incredible amount of time.”

Martinez remains behind bars unable to post his half a million-dollar bail.

The 52-year-old has two prior DUI convictions.

His case could inspire another new law, SB2163, which would mean similar penalties for negligent homicide by drivers with prior DUIs.

The bill was approved by its first committee on Friday.

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source: https://www.hawaiinewsnow.com/2022/02/19/maui-prosecutors-use-kaulanas-law-habitual-drunk-driver-accused-deadly-dui-hit-and-run/

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