A 71-year-old Hilo man pleaded guilty Monday to second-degree negligent homicide for the Oct. 3, 2023, traffic collision death of a 79-year-old Hilo woman.
In exchange for Carlton Inada’s guilty plea, prosecutors dropped a charge of leaving the scene of the scene of the collision that killed longtime aikido instructor Barbara Klein, who was riding a recumbent tricycle on Akolea Road in Hilo.
“The recommendation is that Mr. Inada serve a term of probation of four years (and) serve a term in jail of up to one year. He’s about 10-and-a-half months in (jail) right now,” Deputy Public Defender Kenji Akamu, Inada’s attorney, told Hilo Circuit Judge Peter Kubota. “Also to not operate a motor vehicle and get a mental health assessment and continue with treatment.”
Deputy Prosecutor Herbert Mukai confirmed the state agreed to the sentencing recommendation.
The second-degree negligent homicide charge is a Class C felony that carries a maximum five-year prison term. The charge dropped in the plea agreement, leaving the scene, is a Class B felony with a potential 10-year prison term, upon conviction.
Inada, who has no prior criminal record, will have served a year at Hawaii Community Correctional Center on Oct. 2. Akamu has filed a motion to defer Inada’s guilty plea which, if granted by Kubota, would expunge Akamu’s conviction from the record if he serves his probationary sentence without any further trouble with the law.
Kubota told Inada that if he grants probation “there will be a lot of other terms and conditions.”
“Most importantly is that you’re not ever going to drive another motor vehicle,” the judge told Inada. “And I think it makes sense that you get rid of any motor vehicle.”
Police took Inada’s 2016 Toyota Tacoma pickup truck into evidence after the collision.
Inada answered a series of questions from the judge with brief, “Yes, Your Honor” and “No, Your Honor” responses, in a deep, calm and clear voice.
Akamu filed a motion on June 26 requesting dismissal of the leaving the scene charge against Inada. While that motion wasn’t heard and was rendered moot by Inada’s plea agreement, it noted that Inada didn’t have a cellphone, so he drove the short distance home, called 911, reported the accident, identified himself and waited for police to arrive and arrest him.
The motion stated that Inada’s intention was not to flee but to report his action. It futher alleged the state overcharged Inada without having probable cause for the leaving the scene offense.
According to the motion, Inada suffers from an unspecified progressive neurological disease. It concluded that “a possible 10-year prison sentence for ‘fleeing the scene of an accident’ would not be in the interest of justice.”
Kubota scheduled a pair of court dates. The first is a status hearing at 8:30 a.m. Oct. 2. That’s the date Inada — who has been unable to post $100,000 in bail — will be incarcerated for a year. The second hearing is for sentencing at 8:30 a.m. Nov. 21. The state is requesting a pretrial sentencing investigation report, which takes several weeks to complete and likely won’t be ready by Oct. 2.
Asked after the hearing if he feels justice is served by the plea deal, Klein’s husband, chiropractor Dr. Robert Klein replied, “It seems to be the best the justice system can do.”
“From what I understand, if he had gone to trial and been found guilty, his sentencing would likely be the same as it is with his guilty plea.” Klein said. “Nothing can reverse the consequence of the act that he committed.
“They can’t bring my wife back to life.”
Email John Burnett at jburnett@hawaiitribune-herald.com.