KEALAKEKUA — A 3rd Circuit Court judge has deemed Justin Rohan not criminally responsible for a fatal 2015 wreck and ordered he remain in custody at the Hawaii State Hospital on Oahu.
The judge’s decision drops the negligent homicide charges, giving little closure to the family of the husband and father killed in the crash.
“We have to find peace and some closure,” said Lina Weinstock, widow of Robert Brian Weinstock, after Thursday’s proceedings. “And now we move forward as a family.”
During a stipulation of facts trial, three doctor reports submitted to the court unanimously concluded that the 29-year-old was fit to proceed to trial, however, he was not mentally fit at the time of the fatal crash in August 2015 that left Robert Brian Weinstock, 52, of Kailua-Kona, dead. Fujino fell in line with the doctors reports and acquitted Rohan.
“We don’t contest the facts, but do contest the person’s state of mind at the time of the incident,” said defense counsel Ann Datta following the bench trial Thursday.
In November 2016, a grand jury indicted Rohan on second-degree negligent homicide, reckless driving and driving without a license in connection to the fatal two-car collision on Kaiminani Drive. In August 2017, 3rd Circuit Court Judge Melvin Fujino found Rohan unfit to stand trial and committed him to the Hawaii State Hospital.
Rohan was present for Thursday’s proceedings via video from the hospital. Fujino set a review hearing to check on Rohan’s progress on May 18.
Deputy prosecutor Kauanoe Jackson said the case will be reviewed periodically with the court.
Two of Weinstock’s daughters, Luana and Nicole, were present in court. Outside the courtroom, they called their mother Lina, to give her the news.
“Justice will never be done because my husband and their father can never be brought back,” Lina Weinstock said over speakerphone Thursday.
Luana said the prosecutor’s office prepared them for what was going to happen in court.
“You still can’t be prepared for those words,” Luana said of the acquittal. “It’s like a punch in the gut.”
Nicole was also disappointed with the decision.
“My honest feeling is then who’s responsible for taking my father’s life?” she questioned. “To find no one’s responsible is upsetting.”
Lina said she couldn’t have asked for a better husband. He loved his daughters and granddaughter.
“He was an amazing, one-of-a-kind person,” she said of Robert. “He was loved not only by myself but by many others.”
Robert was well-known in the community. He was a customer service representative and trainer for United Airlines, who also worked as office manager and actor for Island Breeze Productions. In addition, he was a part of the University of the Nations, Team Extreme, a security coordinator for the Ironman World Championship, participated in the Relay for Life and American Heart Association, and was an Army veteran.
“He was very gracious to others,” Lina added.
Despite the pain, Lina hopes this tragedy raises awareness for families assisting a family member with mental illness to take care of them.
“It’s only by God’s grace that we can find grace for the families,” Lina said.
Rohan was reportedly driving a green 2007 Ford pickup truck west on Kaiminani Drive when he crossed the center line near Laui Street and crashed head-on into a 2003 Nissan SUV driven by Robert Weinstock early Aug. 3, 2015, according to the Hawaii Police Department.
Both drivers were taken to Kona Community Hospital. Robert Weinstock was pronounced dead at 1:29 a.m.