A 72-year-old Hilo man accused of the hit-and-run death of a 79-year-old Hilo woman in October has a trial date of Aug. 19.
In addition to setting trial for Carlton Inada, Hilo Circuit Judge Peter Kubota on Wednesday also denied requests that Inada to be freed on supervised release — a form of cashless bail — or for a reduction of his $100,000 bail, which Inada has thus far not been able to post.
Inada is charged with second-degree negligent homicide and leaving the scene of a fatal accident for the Oct. 3 collision that killed longtime aikido instructor Barbara Klein while she was riding a recumbent tricycle on Akolea Road in Hilo.
Inada was driving a 2006 Toyota Tacoma pickup truck, which was taken into evidence by police following the collision.
Earlier this month, Kubota found Inada fit to stand trial and responsible for his actions at the time of the incident after a mental health assessment by three examiners. The judge said those assessments indicate Inada does suffer from neuropsychological defects associated with aging.
In his arguments for supervised release or reduced bail for Inada, Deputy Public Defender Kenji Akamu took issue with the more serious charge, leaving the scene, a Class B felony that carries a potential 10-year prison sentence upon conviction.
“He was about a block away from his house … when the accident occurred,” Akamu told the judge. “He didn’t have his cellphone, and he couldn’t do anything for Ms. Klein. I don’t think he wanted to move her … so he rushed home and the first thing he did was call 911.”
Akamu said Inada’s 911 call was three minutes earlier than anyone else’s, and that he waited for police in his driveway.
“He didn’t run away,” the lawyer said. “… They noted that he was basically in a lot of distress and shock. He was telling them, ‘I’m sorry. I didn’t see her.’ And he was taken into custody.
“But I think he did what most of us would do which is to get help as soon as possible.”
Akamu also questioned the police interrogation that, according to court documents, elicited an admission from Inada that he struck Klein intentionally.
“Over multiple interrogations over multiple days, he was pretty consistent in telling them that he didn’t mean to do it, he was sorry, and he wished that he could switch places with Ms. Klein,” Akamu said. “But, you know, the police operate in a place of assumption of guilt. Eventually, he told them ‘I hit the gas. I should have hit the brake.’ And when confronted with that, the police said, ‘OK, so you did it on purpose, then.’
“And after days, after all those questions, he just gave up. He agreed.”
Deputy Prosecutor Herbert Mukai countered that Inada was interrogated by officers just twice in a two-day span.
“It was only after he was confronted with the discrepancies … in the black box data in the vehicle … that he actually gave an accurate account of what happened that day,” Mukai said. “It wasn’t that Ms. Klein appeared out of nowhere … and it was too late to stop before striking her with his vehicle. He said that he, in fact, had seen her after he had turned off Waianuenue onto Akolea Road and had followed her as she was riding her trike on Akolea Road. Without getting too much into it, he had intended to scare her … he had hit the accelerator instead of the brake, striking her.
“Yes, he did go back home and call the police, or dispatch, to report the collision. However, there is some information within that … interview that he had made several calls before calling dispatch. … However, you could make an argument that he should have gone back to the scene after making the phone call, which he did not.”
Mukai also argued that although police took Inada’s truck for evidence, there’s no guarantee Inada won’t drive if released from custody.
The fact is Mr. Inada has a valid driver’s license … so the state’s position is he does provide a significant risk to public safety,” Mukai said. “We feel that the bail is reasonable given that someone’s life was taken.”
Kubota noted that Inada, prior to the fatal collision, had “lived a law-abiding life, but the accident here is so horrific and extreme in nature that it makes no sense.”
“We’re getting a better picture of what happened, and this sounds like a senior-type of accident where cognitive functions and motor skills get affected. And it is a really unfortunate accident,” the judge said. “As indicated in the psychological reports … the deficits don’t rise to the level of lack of penal responsibility, meaning an acquittal for psychological reasons.
“But as far as the safety of the community from here going forward, the court cannot grant your request for supervised release. And the bail set at $100,000 is fairly reasonable given the circumstances of this case.”
Klein’s husband, Robert, a chiropractor, and two of her daughters, Rachel and Noa, were in the courtroom Wednesday.
“I’m just glad to see that the trial has been scheduled,” Robert Klein said after the hearing.
Rachel Klein said she was “pleased with the decision that the judge made” Wednesday.
“I’m relieved to know that (Inada will) be kept out of the public and the community until the trial. I think it’s in the best interest of him and the community,” she said.
Email John Burnett at jburnett@hawaiitribune-herald.com.
