‘An eye for an eye’

LIHU‘E — A 20-year-old Koloa man was sentenced Thursday to five years in prison for negligently causing a head-on collision that killed a 67-year old Kekaha man in February 2008.

Prosecuting Attorney Shaylene Iseri-Carvalho said there was nowhere for Roman Cruz to swerve to avoid a vehicle driven by Micah Makana Moke when it came into his lane on Kaumuali‘i Highway near the ‘Ele‘ele Shopping Center on Feb. 23, 2008.

“The victim’s family will suffer the rest of their life. Moke failed to understand the priceless gift of freedom,” said Iseri-Carvalho.

There was a pistol, ammunition and drug paraphernalia found in Moke’s vehicle, and ice in Moke’s blood system and in his wallet, said Iseri-Carvalho, adding that Cruz died of a “complete aortic rupture,” among other injuries suffered in the crash.

“He needs to be punished. I know that,” said John Calma, state deputy public defender, representing Moke. “He knows that.”

Calma said Moke smoked crystal methamphetamine, or ice, a day before the accident, had no alcohol in his system at the time of the crash and fell asleep at the wheel.

“I just wanted to apologize from the bottom of my heart,” Moke said. “I pray for forgiveness, that he rests in peace,” every time he drives past the accident site, he said.

“I live with it every day, and I will live with it for the rest of my life,” said Moke, adding he lost a 16-year-old brother in an earlier negligent fatal accident.

He said he hopes and prays that one day the Cruz family can forgive him. “It was an accident,” said Moke, who apologized at least five times during his tearful statement.

“May God bless them and comfort them through the terrible times I put them through. I stand here before you today to accept my punishment. I wish I could take it back,” he said.

Turning away from 5th Circuit Chief Judge Randal Valenciano and toward the Cruz family in the gallery, Moke said, “I never mean for hurt nobody, yeah.”

Cruz family speaks

Cruz’s daughter Yvette, of California, pleaded with Valenciano to sentence Moke to the maximum term possible, through 2040, in order to “maybe save another life by putting him away.”

“He has no respect for life. Someone stripped our life right under us,” said Yvette Cruz, and it’s as if the Cruz family has been imprisoned as well, “and we would never get our life back.”

“Maybe using ice is a deadly weapon waiting to be pulled. My dad was in the path of a loaded Micah Moke,” she said.

“We just want a little peace in our lives,” said Cruz, adding that Moke took away a husband, father, brother, uncle, cousin, friend, grandfather, great grandfather and poker partner in the two-car accident.

“You need to understand what was taken from us. We believe an eye for an eye,” she said, adding Roman Cruz’s family includes nine siblings and over 70 nieces and nephews.

For many members of the Cruz family, returning from various parts of California to be present for Moke’s sentencing marked the first time they were back on the island since the funeral two years ago, she said.

Roman Cruz would have turned 70 in April of this year, she said.

“One day Moke will have freedom. We ask that it won’t be until 2040,” she said tearfully.

“Your honor, you have the last voice. Hear our voice,” she said. “Mahalo for letting the voice of my father be heard today.”

Judge considers ‘positive actions’

While Moke was in drug treatment following an earlier conviction for family abuse, terroristic threatening and other charges, counselors noted there was a failure by Moke to understand that his drug use was in part the cause of his legal problems, Iseri-Carvalho said.

Calma said Moke has been clean and sober since April 2009 and added that since the accident even his probation officer has noticed real, positive changes in Moke the man.

Valenciano told Moke that when he was sentenced for the family abuse matter, “you were on a really destructive path. I do consider the changes you have made in your life and the positive actions you’re trying to take.”

The bad thing is that “it took the taking of a life for you to understand.”

The changes Moke has made in his life benefit Moke and the community, Valenciano said, adding that the judge has to balance the actions Moke did take “and the need to punish you,” along with rehabilitation and deterrence factors.

“I know it was an accident, but your intoxication was not an accident,” said Valenciano, repeating the issue of trust that needs to exist between Kaua‘i drivers when all that separates divergent lanes of traffic is about a foot of painted highway.

“We all have to trust each other when we take to the road. You placed a lot of people in danger,” said Valenciano.

Originally charged with first-degree negligent homicide, two counts of third-degree promotion of a dangerous drug, two counts of unlawful use of or possession with intent to use drug paraphernalia and one firearms violation, Moke pleaded no contest in a plea agreement to the negligent-homicide and dangerous-drug charges, with the four other counts being dropped in exchange for his plea.

Calma said 18 months in prison and probation would allow Moke to keep a strong family and friend support system, and that a long sentence would jeopardize that support system.

“I don’t know if there are any winners in this sentencing,” Valenciano said, handing down the five-year term.

Moke asked the judge if he could hug his family and friends in the courtroom before being taken away by sheriffs, but Valenciano denied his request, saying, “The Cruz family didn’t have that opportunity.”

Outside the courtroom, there were more tears, as members of both the Cruz and Moke families shared hugs and condolences with each other.