Driver receives probation in fatal crash

LIHUE — The driver of a car that caused the death of a motorcyclist in 2013 was sentenced to probation and restitution for funeral expenses on Thursday in 5th Circuit Court.

Charlotte Smith Kaui, 83, of Kapaa, also had her motion for deferred acceptance of the no-contest plea granted, which will allow her to request the charges be removed from her criminal record upon successful completion of probation. The terms include a mandatory driver’s safety course and any evaluations that the probation department finds necessary.

The accident took place about  5 p.m. on July 20 when Smith Kaui was attempting to turn left onto Lanikai Street from the southbound lane of Kuhio Highway. She collided with an oncoming motorcyclist, Thomas Gregory Newsom, 52, of Kapaa, who died as a result of his injuries.

Chief Judge Randal Valenciano said the court understood that Smith Kaui was not speeding or driving in a hazardous manner and that she was not intoxicated. She was attempting to turn left at a busy intersection, while another car was also attempting to make a left turn, and in the confusion turned into the path of the motorcyclist, he said.

“I know that this was just an accident, but it was a tragic accident with severe consequences,” Valenciano said.

Smith Kaui was also hospitalized with non life threatening injuries. She was indicted on charges of second-degree negligent homicide and inattention to driving in November 2013. The charges allege she caused the death by operating of a vehicle in a negligent manner.

Smith Kaui pleaded no contest to an amended charge of third-degree negligent homicide, a misdemeanor, with the inattention to driving charge to be dismissed on June 2. She is represented by private attorney Isaac Keahi Smith.

Newsome was a bus driver for National/Enterprise and Alamo Rent a car and was a veteran in the United States Army. His long-time partner was not in court, nor were surviving siblings who reside on the Mainland.

“I am sorry that it happened,” Smith Kaui said in her statement to the court. “I know that his family is hurting. I lost someone and so I know how that feels. They have been in my prayers since day one since this happened.”

County Deputy Attorney Melinda Mendes said the plea agreement recognized that this case is about simple negligence.

The court included her request for Kauai Smith to complete driver’s training along with a restitution order of $8,087.61 to cover Newsome’s funeral expenses.

Isaac Keahi Smith asked the court to consider that Smith Kaui has played a central role in running the family business, Smith’s Tropical Paradise, for over 60 years.

This included running the tour barges for the Wailua River boat tours to the Fern Grotto, serving as treasurer, running the back office and the luaus. In addition, Smith Kaui’s community involvement is substantial to include her support to organizations and programs supporting women, he added.

The court denied Keahi Smith’s request to reconsider the term of the plea agreement concerning restitution. He said there were discrepancies about the speed of the motorcycle at the time of the accident than what was stated following the investigation.

Mendes objected, saying the defendant had already agreed to the terms of the plea agreement.

This was a claim that the victim shared some responsibility for his death, she added.

Valenciano said this was a claim of comparative negligence which is a question for a civil matter. To not follow the restitution in the criminal matter would be considered as noncompliance with the plea agreement, he added.

The request was withdrawn and the sentencing continued.

“Our thoughts and prayers are with Thomas Newsom’s loved ones,” said County Prosecuting Attorney Justin Kollar. “We also recognize that Ms. Kaui’s remorse is sincere, and hope that she can move forward and continue doing the good things she has done for the community over the years.”