Man indicted in 2016 crash that killed pedestrian

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KAILUA-KONA — A man was indicted for negligent homicide and drunken driving in connection with a fatal 2016 vehicle vs. pedestrian crash on Kawaihae Road.

KAILUA-KONA — A man was indicted for negligent homicide and drunken driving in connection with a fatal 2016 vehicle vs. pedestrian crash on Kawaihae Road.

The four-count indictment handed down Feb. 6 charges Bertjim S. Badua with first-degree negligent homicide; third-degree promoting a dangerous drug, identified as cocaine; possessing drug paraphernalia; and operating a vehicle while under the influence of alcohol on a public roadway.

The court subsequently issued a $15,000 bench warrant for Badua’s arrest. Once the warrant is served, an initial appearance will be scheduled in 3rd Circuit Court.

Badua was the driver of a 2010 Nissan Frontier pickup that was traveling west on Kawaihae Road and veered across the highway and struck 38-year-old Waimea resident Jacob Freebairn as he walked near the Door of Faith Church about 1:15 a.m. Feb. 7, 2016, according to police. Freebairn suffered critical injuries in the crash and was pronounced dead five hours later.

Badua, who was 27 and a Kapaau resident at the time of the crash, was arrested on suspicion of first-degree negligent homicide and driving under the influence of an intoxicant and was released pending further investigation.

First-degree negligent homicide is a Class B felony punishable by up to 10 years imprisonment and $25,000 in fines. Third-degree promoting a dangerous drug and possessing drug paraphernalia are Class C felonies, which carry a maximum of five years imprisonment and a fine of up to $10,000. Driving under the influence of an intoxicant, a petty misdemeanor, has a maximum fine of $1,000 and 30 days incarceration.

Email Chelsea Jensen at cjensen@westhawaiitoday.com.