KEALAKEKUA — A plea agreement has been reached with a man accused of drunken driving twice within 24 hours and striking a pedestrian eight months ago resulting in the dismissal of most charges original brought against him.
On Tuesday, Nicholas Martin entered a no contest plea to first-degree negligent injury, a class C felony, and driving under the influence of alcohol before 3rd Circuit Court Judge Melvin H. Fujino. Under the agreement, prosecutor’s will drop seven other offenses.
Among the charges dismissed in the agreement was one count second-degree assault, also a class C felony, and several misdemeanors. The defense also requested a deferral of Martin’s plea on the negligent injury charge, which means if restitution is made for the felony, it would be dismissed with prejudice. He faces between a year and five years incarceration and a $10,000 fine.
The deferral only applies to the negligent injury charge.
A pre-sentence investigative report will be conducted before Fujino sentences Martin on Sept. 5.
The charges stem from a crash that occurred on Dec. 1, 2017. According to the Hawaii Police Department, Martin was traveling north on Alii Drive when he veered off the road and struck a 51-year-old man in front of Royal Kahili Condos.
Martin was already facing a DUI charge before that auto-pedestrian crash occurred. On Nov. 30, 2017, Martin was arrested at 9 p.m. after striking a parked vehicle on Lako Street, said police Maj. Robert Wagner. He was charged with DUI and was released just after midnight Dec. 1 after posting $500 bail.
Wagner said Martin appeared to still have a driver’s license when the auto-pedestrian crash occurred hours later. However, two different vehicles were involved in the crashes.
According to court records, Martin’s driver’s license was revoked for one year on Dec. 7, 2017, in connection to the Nov. 30 crash. The case was consolidated with incident that occurred on Dec. 1. According to Dec. 28 court records, no further action was taken on that November case.
This guy gets wasted as soon as they let him out of jail for a DUI and does it again. He has a major problem and will do it again. This isn’t the case to plea bargain. If the judge gives him a year, he’ll be out in 4 months drinking and driving again. Hopefully, I’m not out riding my bike when this zombie is back out. He needs multiple years to sit and think about what he is doing to himself and others or it won’t sink in. He doesn’t learn easily.
I know the victim and his family. The victim suffered extensive brain trauma and is no longer able to care for himself, much less hold down employment. The remaining years of his life were stolen by a drunk who will now, maybe, spend a few months in jail for casually ruining a life. How is this possibly right? How can a prosecutor or a judge possibly countenance this? Why are we even surprised when such crimes occur again and again when the law provides no real deterrent. Shame on you, Mitch Roth, for cutting this deal. You don’t deserve your office. And shame on you, Mel Fujino, if you accept it. That would dishonor your robes.