More than a year after a motorcyclist collided with his station wagon and died, Louis Parraga Jr., 81, of Kekaha, was arrested and charged with negligent homicide. It did not take a jury very long to determine that he had
More than a year after a motorcyclist collided with his station wagon and died, Louis Parraga Jr., 81, of Kekaha, was arrested and charged with negligent homicide. It did not take a jury very long to determine that he had not done anything wrong.
According to defense attorney Al Castillo, who is finishing up his existing caseload as he transitions into his new role as the county attorney, the jury deliberated for about one hour before returning a verdict of not guilty.
Court records indicate that the four-day trial, which included sworn testimony from a trio of Kaua‘i Police Department officers, an eyewitness, and Parraga himself, concluded Dec. 18.
Had Parraga been convicted of the Class C felony, he could have spent up to five years in prison.
According to a preliminary report from the time of the incident again made available by county spokesperson Mary Daubert this week, 20-year-old Stetson Furtado was heading west on a Suzuki motorcycle on Kaumuali‘i Highway about one-tenth of a mile west of mile marker 27 in Kekaha at about 5:44 p.m. on Sept. 14, 2007.
The report indicated that Furtado struck a Dodge station wagon driven by Parraga, who was facing west on the westbound shoulder and pulled out to make a U-turn. Furtado slid across the highway and onto the eastbound shoulder.
In an interview with The Garden Island shortly after the accident, Parraga, a Korean War veteran said, “It saddens me that a young boy like that lost his life. He was just starting his life.”
Repeated calls to a phone number listed under Parraga’s name went unanswered this week.
Castillo described the motorcycle as a “crotch rocket” and said Furtado was speeding. In a written statement, provided after the conclusion of the trial, Castillo said an eyewitness to the accident reported to the police that it appeared that Parraga was slowly merging onto the highway when the motorcycle, going about 80 mph, slammed into the station wagon.
The initial county report stated that alcohol and speed did not appear to be contributing factors in this crash.
On Sept. 17, 2008, the prosecutor’s office filed a felony criminal complaint alleging that Parraga caused the death of the motorcyclist by operating his station wagon in a negligent manner. Parraga was arrested by the Kaua‘i Police Department and posted $5,000 bail.
Jennifer Hreljac, who served as the jury’s foreperson, said yesterday in a phone interview that Furtado’s speed was not at issue because he could have easily avoided Parraga’s vehicle at any speed — had he been looking up.
She said an eyewitness testified that Furtado was looking down at his speed gauge and did not even brake before hitting the station wagon, which was stopped in the road, not unlike a “parked car.”
Hreljac said nobody on the jury thought Parraga did anything wrong, and acquitted him unanimously because of a lack of evidence against him.
“Nobody thought (Parraga) killed him,” Hreljac said, calling the incident an unfortunate accident. “I was not so happy they even brought Parraga to trial at all.”
Castillo said the quick acquittal by the jury clearly vindicated his client.
“Let us not forget that someone died in this tragic accident,” Castillo said. “But it was not Parraga’s fault and he should not have been prosecuted.”
• Michael Levine, staff writer, can be reached at 245-3681 (ext. 252) or via e-mail at mlevine@kauaipubco.com
