HANALEI — In a packed and tense Hanalei District Court room, Judge Trudy Senda raised Byron Say’s existing $5,000 bail by $3,000, for a total amount that was less than half of what Deputy County Prosecutor Thomas Haia had requested,
HANALEI — In a packed and tense Hanalei District Court room, Judge Trudy Senda raised Byron Say’s existing $5,000 bail by $3,000, for a total amount that was less than half of what Deputy County Prosecutor Thomas Haia had requested, during Say’s arraignment yesterday.
Senda increased the bail on one of the five charges Say faces in connection with a June 25 incident where he rear-ended a motorcycle driven by Steve Wheeler, and then proceeded to drive over the body of the passenger, Lisa Wilson, before fleeing on foot into nearby taro fields.
The incident left Wilson with multiple fractures and internal injuries.
Sitting in a wheelchair, Wilson was at the courthouse Wednesday, accompanied by Wheeler and a group of supporters.
Senda, who set Say’s preliminary hearing for Thursday, Aug. 11 in Lihu‘e District Court, issued strict guidelines for Say to follow.
She prohibited Say from having any contact of any sort with Wilson or any of the witnesses in the case, prohibited Say from possessing any dangerous weapons, committing any dangerous acts, or using drugs or alcohol.
Senda did not stipulate if Say would be subject to drug testing, but did mandate as a condition of his bail that he meet once a week in person, and check in once a week by telephone, with a representative of the Kauai Intake Services Center. She also ordered Say to seek employment if he was not already employed, or to seek further education.
Say also cannot leave Kaua‘i or the state of Hawai‘i. Senda said failure to comply with any of these stipulations would mean revocation of his bail.
As part of his motion to raise Say’s bail to $17,000, Haia argued the original bail was set according to “old guidelines,” and that, based upon new guidelines plus information based upon toxicology reports, Haia said it was within bounds to request the increase.
June Ikemoto, Say’s attorney, said her client appeared as scheduled, and represents no flight risk. Senda said that, in terms of guidelines, there were no absolute bail schedules, though certain (bail amount) ranges applied.
“There is no standard bail for every indictment,” she said.
Say, slightly built and dressed in a white shirt, entered the court at about 9:22 a.m. Ikemoto had been waiting for him since before 9 a.m.
Say was released on $5,000 bail late last month after being arrested and charged with four criminal counts in connection with a June 25 accident in Hanalei where he rear-ended a motor-cycle driven by the 45-year-old Wheeler.
Wilson, 48, described the arraignment as something of a “roller coaster.” Even before she was discharged from the hospital, Wilson said she planned to be at Say’s arraignment, to “look him in the eye.”
She said she was disappointed in the low bail set for Say, but was reassured somewhat by the strict bail guidelines.
“It was my place to be here,” she said.
A large group of Wilson’s friends attended the arraignment.
According to police records and Richard Minatoya, first deputy county prosecuting attorney, the 36-year-old Say, who gave Kaua‘i Police Department officers both Hanalei and Kapa‘a as his towns of residence at the time of his arrest, was charged in connection with an accident involving death or serious injury.
Say allegedly fled the scene of the accident after first hitting the motorcycle from behind, then running over Wilson’s body, before stopping, according to prosecutors. He then fled into nearby taro fields off Kuhio Highway near the one-lane bridge over the Hanalei River. According to prosecutors, the injury-accident charge is a Class-B felony.
Say was also charged with promoting dangerous drugs, a Class-C felony; possession of drug paraphernalia, a Class-C felony; and causing first-degree negligent injury.
According to police records, Say posted $2,000 bail on the first charge, and $1,000 each for the subsequent charges, for a total bail of $5,000 prior to yesterday’s adjustment.
County Prosecutor Craig De Costa said Say had been arrested previously on drug charges, and had been investigated for drug dealing. Minatoya confirmed that Say had served 33 months in prison in connection with two firearms charges in 1998. He was in possession of a silencer and a firearm while in possession of a controlled substance, when arrested on the charges that sent him to prison, Minatoya said.
Minatoya said Say also served three years of supervised release.
