Hannah Fergerstrom was dead for 32 months before the man who allegedly killed her in a drunken driving accident was charged. ADVERTISING Hannah Fergerstrom was dead for 32 months before the man who allegedly killed her in a drunken driving
Hannah Fergerstrom was dead for 32 months before the man who allegedly killed her in a drunken driving accident was charged.
Now, her family is concerned the driver, Randall Kawasaki, 37, of Kailua-Kona will be released on probation and not face prison time — even after waiting nearly three years for the charges to come down.
“It’s just outrageous,” said Barbara Fergerstrom Penn, Hannah Fergerstrom’s mother.
She said the fact Kawasaki kept driving after being arrested on a DUI charge was bizarre.
“He should not be out driving on the road,” she said, highlighting an arrest on a DUI charge in Honolulu.
The slow course of the case, dismissal of charges and other brushes with the law led Penn to fear Kawasaki will not face a sufficiently long sentence.
A proposed plea agreement states Kawasaki will plead guilty to negligent homicide, and prosecutors will drop two counts of third-degree promotion of a dangerous drug, possession of drug paraphernalia and manslaughter charges. According to court documents, Kawasaki had heroin and meth with him at the time of the 2013 crash that resulted in Hannah Fergerstrom’s death.
The defense and prosecution will make their arguments before 3rd Circuit Court Judge Ronald Ibarra, who then will sentence Kawasaki to prison or probation at 9 a.m. Jan. 5, 2016.
But the length of sentence, should the judge choose prison, will be set by the Hawaii Paroling Authority. It evaluates the crime and defendant on multiple criteria, including character, severity of the offense and his lack of felony convictions. The authority can set it anywhere from the maximum of 10 years to the minimum of 1.5 years.
Hannah Fergerstrom died as a result of an accident at 1:15 a.m. Jan. 15, 2013. Kawasaki, according to police, was driving a two-door 2000 Volkswagen sedan north on Mamalahoa Highway. In the passenger seat was Fergerstrom, 27, also of Kailua-Kona. Neither was wearing a seat belt.
Near mile marker 27, Kawasaki lost control, crossed the center line and struck a utility pole on the makai side of the road.
Kawasaki was arrested on suspicion of negligent homicide, manslaughter, operating a vehicle under the influence of an intoxicant, promoting dangerous drugs, drug paraphernalia and not having insurance. After conferring with prosecutors, he was released, pending further investigation.
Fergerstrom lived for a few hours after the accident, but died at 5:45 a.m. the day of the crash at North Hawaii Community Hospital, according to police reports.
The investigation was to continue for almost three years. During that time, Kawasaki was arrested for driving under the influence again, this time March 27, 2014, in Honolulu.
That case moved slowly through the court.
After several substitutions, attorney changes on both sides and several instances of the state being not ready, the case was dismissed Dec. 23, 2014, by Judge Shirley M. Kawamura.
The Honolulu prosecuting office was unable to secure all the officers involved in the case at the same time, said Dave Koga, spokesman for the department.
But as far as the case involving Fergerstrom’s death, a grand jury indictment was filed Aug. 11, 2015. A bench warrant was issued after the indictment, with bail set at $25,000.
After his arrest, Kawasaki was placed on supervised release after a hearing Sept. 15. It included special rules that he not drive an automobile and maintain weekly contact with his lawyer.
Barbara Fergerstrom since moved to Kauai, but said she’ll be back for any plea hearing. She also was at the courthouse while the grand jury deliberated the charges. She’s discouraged, she said, as her direct input is limited to letters to the judge and a statement at the time of sentencing. She has gathered multiple letters from other people and encourages more people to write letters to Ibarra to convince him to choose prison.
Deputy Public Defender Wendy DeWeese, who is representing Kawasaki, declined comment.
A message left at a phone number listed for Kawasaki was not returned.
Email Graham Milldrum at gmilldrum@westhawaiitoday.com.
