KAILUA-KONA — Hannah Fergerstrom was dead for 32 months before the man who allegedly killed her in a drunken driving accident was charged.
Now, her family is concerned that the driver, Randall Kawasaki, 37, of Kailua-Kona, will be released on probation and not face prison time — even after waiting nearly three years for the charges to come down.
“It’s just outrageous,” said Barbara Fergerstrom Penn, Hannah’s mother.
She said that the fact Kawasaki kept driving after being arrested on a DUI charge was bizarre.
“He should not be out driving on the road,” she said, highlighting an arrest on a DUI charge in Honolulu.
The slow course of the case, dismissal of charges and other brushes with the law has lead Penn to fear that Kawasaki will not face a sufficiently long sentence.
The plea agreement states Kawasaki will plead guilty to negligent homicide, and prosecutors will drop two counts of third-degree promotion of a dangerous drug, possession of drug paraphernalia and manslaughter charges. According to court documents, Kawasaki had heroin and meth with him at the time of the 2013 crash that left Hannah dead.
The defense and prosecution will make their arguments before 3rd Circuit Court Judge Ronald Ibarra, who will then sentence Kawasaki to prison or probation at 9 a.m. Jan. 5.
But the length of sentence, should the judge choose prison, will be set by the Hawaii Paroling Authority. They evaluate the crime and defendant on multiple criteria, including character, severity of the offense and history of felony convictions. They can set it anywhere from the maximum of 10 years to the minimum 1.5 years.
Hannah Fergerstrom died as a result of an accident at 1:15 a.m. Jan. 15, 2013. Kawasaki, according to police, was driving a two-door 2000 Volkswagen sedan north on Mamalahoa Highway. In the passenger seat was Hannah, 27, also of Kailua-Kona. Neither was wearing a seat belt.
Near mile marker 27 Kawasaki lost control, crossed the center line and struck a utility pole on the makai side of the road.
Kawasaki was arrested on suspicion of negligent homicide, manslaughter, operating a vehicle under the influence of an intoxicant, promoting dangerous drugs, drug paraphernalia and not having insurance. After conferring with prosecutors, he was released, pending further investigation.
Fergerstrom lived for a few hours after the accident, but died at North Hawaii Community Hospital at 5:45 a.m. the day of the crash, according to police reports.
The investigation was to continue for almost three years. During that time, Kawasaki was arrested for driving under the influence again, this time on March 27, 2014, in Honolulu.
That case moved slowly through the court.
After several substitutions, attorney changes on both sides and several instances of the state being not ready, the case was dismissed by Judge Shirley M. Kawamura on Dec. 23, 2014.
The Honolulu prosecuting office was unable to secure all the officers involved in the case at the same time, said Dave Koga, spokesman for the department.
But as far as the case involving Fergerstrom’s death, a grand jury indictment was filed on Aug. 11, 2015. A bench warrant was issued after the indictment, with bail set at $25,000.
After his arrest, he was placed on supervised release at a hearing on Sept. 15. It included special rules that he not drive an automobile and maintain weekly contact with his lawyer.
Barbara Fergerstrom has since moved to Kauai, but said she’ll be back for any plea hearing. She was also at the courthouse while the grand jury deliberated the charges. She’s discouraged, she said, as her direct input is limited to letters to the judge and a statement at the time of sentencing. She has gathered multiple letters from other people and encourages more people to write letters to Ibarra to convince him to choose prison.
Deputy Public Defender Wendy DeWeese, who is representing Kawasaki, declined comment.
A message left at a phone number listed for Kawasaki was not returned.