Man charged in hit-and-run

HANAMAULU — A Hanamaulu man was arrested Wednesday morning and charged with four counts related to a January hit-and-run accident that left a 12-year-old girl in critical condition.

Virgil Caday, 59, has been charged with negligent injury in the first degree, leaving the scene of an accident involving death or a serious bodily injury, inattention to driving and tampering with physical evidence.

Sitting on a rattan chair in an outside room at her home, Arayza Sabay, now 13, let out an audible and visible sigh of relief as she heard the news for the first time that the man who allegedly hit her was in custody and charged.

“It makes me feel happy because he got arrested,” she said.

The accident left Sabay in critical condition, with a brain injury, a broken jaw and an injured hand. She was medevaced to Oahu where she was treated in the intensive care unit at Queen’s Medical Center.

Her recovery from the accident has been remarkable, but one injury persists, as she still has vision problems.

While in the hospital Sabay celebrated her 13th birthday, and when she came home, she wasn’t able to return to school right away due to her injuries.

Despite the trauma and injuries she sustained as a result of the accident, Sabay said she has forgiven the driver.

“I forgave him because everyone made mistake,” she said, stating that she at times also makes mistakes.

Sabay said the driver still needs to face the consequences for their actions, and hopes that the driver will change from this experience.

According to police, Caday was driving on Laukona Street in Hanamaulu on Jan. 11 about 7 a.m. when he allegedly struck Sabay with his vehicle. He fled the scene, leaving her unattended along the road, police said.

A preliminary investigation led police to arrest Caday on Jan. 20, on suspicion of multiple charges. He was released pending further investigation. Kauai Police Department’s Traffic Safety Section submitted their final investigative report in April to the Office of the Prosecuting Attorney for further review and to determine formal charges.

Prosecuting Attorney Justin Kollar told The Garden Island that traffic investigations such as these are complex and can take a while to complete.

According to ecourts Kokua, the state’s online criminal database, Caday was arraigned in Fifth Circuit Court at 9 a.m. Wednesday with Judge Kathleen Watanabe presiding. No attorney is listed as representing Caday. A County of Kauai press release says he is being held on $100,000 bail.

For the Sabays, the day of the accident was like any other day in their household. Sabay, who attends Chiefess Kamakahelei Middle School, told her dad she was leaving to catch the bus and was hit only a few minutes later.

“I’m going now dad,” were the last words Raymondo Sabay heard his daughter say before she was hit.

Raymondo Sabay said he isn’t happy that Caday is in jail, but there are laws to follow. He said he’s proud of his daughter for having the strength to forgive.

“I know she’s a good child, because to forgive is divine,” he told TGI.

Arayza Sabay’s mom, Ma June Sabay, said her daughter is strong.

“She says ‘don’t cry because it’s past already,’ because sometimes I’m crying. When I remember what happened, I cannot hold my feelings,” Ma June Sabay said.

The accident happened close to their house. Shortly after 7 a.m., police were called to Laukona Street just south of the Hoohana Street junction after receiving reports of an injured child.

The involved vehicle was not at the scene of the accident when police arrived.

In a previous interview with The Garden Island newspaper, Sabay said she was dealing with some anger issues due to the accident, but on Wednesday, she said she tries not to think about it on a daily basis.

“I didn’t really think about it that much so I don’t know. I try to forget about it, try to be my old normal self, go to school, hang out with my friends, I try to do that,” she said.

But some things are still difficult for Arayza Sabay.

“I’m not able to be able to go to the road again and walk to the bus because it scares me,” she said. “I don’t want this to happen to other kids. I don’t want them to get hit and being left behind because if they only know how much it hurts me when I was in the hospital.”

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Bethany Freudenthal, crime, courts and county reporter, can be reached at 652-7891 or bfreudenthal@thegardenisland.com.