A federal judge in Honolulu ordered a 43-year-old Pahoa man accused of negligent homicide in a fatal Memorial Day weekend pickup crash in Hawaii Volcanoes National Park to undergo residential substance abuse treatment.
Federal Magistrate Judge Richard L. Puglisi denied a prosecution motion to continue detaining Kenneth James Ewing without bail, setting bail at $50,000.
The charge stems from a one-vehicle May 28 rollover on Highway 11 that killed 48-year-old John Ashley Becker of Texas and injured another man, whose name hasn’t been released by authorities.
Puglisi delayed Ewing’s release from the Federal Detention Center in Honolulu, however, pending available bed space at Sand Island Treatment Center on Oahu. Other conditions of bail include restriction of travel beyond Oahu and an order to not consume alcohol if released on bail.
Another restriction, printed in bold and underlined in a court document, states, “Do not drive any motorized vehicle.”
If convicted, Ewing faces up to 10 years in federal prison and a fine up to $250,000.
Authorities say Ewing was Ka‘u-bound shortly before 9 p.m. May 28 when he lost control of the white Toyota Tacoma near the 33-mile marker on Highway 11 in the national park. The vehicle rolled over and ejected all three occupants.
An affidavit filed by a park ranger said, “numerous alcohol containers, including two 1.75-liter bottles of vodka, both of which were open and one of which was nearly empty” were “littered around and in the vehicle” and “beer bottles were also strewn about the scene.”
The ranger also reportedly smelled alcohol on Ewing, Becker and the third individual, who was taken by ambulance to Hilo Medical Center for treatment.
According to the document, a blood sample taken from Ewing revealed a blood-alcohol level of 0.312, almost four times the DUI threshold of 0.08.
No trial date has been set. A preliminary hearing is scheduled for Tuesday before Magistrate Judge Kenneth J. Mansfield in Honolulu.
Email John Burnett at jburnett@hawaiitribune-herald.com.
