WAILUKU - A 32-year-old Makawao man was sentenced Friday to five years' probation for crashing his dirt minibike into a motorcyclist, who will need to walk with a cane for the rest of his life as a result.
Second Circuit Judge Joel August also ordered Ruben Jacob Alvarez to serve 100 hours of community service and pay a $250 fine.
Alvarez waived a jury trial in June. August found him guilty of first-degree negligent injury in the collision Sept. 7, 2006.
August told Alvarez that the victim's life will never be the same again. "I hope you take that seriously," August said.
After hearing August tell the defense he was not going to order Alvarez to jail, Deputy Prosecutor Brandon Paredes said he was "disappointed" with the court's intent as well as the presentencing report.
Defense attorney Anthony Vierra said the report offered more factors supporting probation instead of jail.
Paredes said what was not being taken into account included the seriousness of the victim's injuries.
But August said he does acknowledge the serious injury but said this situation is different from other cases that come before the court in which drivers were intoxicated. Alvarez was not intoxicated.
But Paredes said Alvarez didn't have a driver's license and was operating a dirt minibike that wasn't insured or licensed to be on the road.
He said jail time is warranted for the sake of the victim and for the community.
"This case is as important as a negligent homicide case. This case is as important as someone dying on the side of the road," Paredes said.
He added that the victim can no longer hold his commercial driver's license because of his injury.
Vierra asked for probation for his client, saying Alvarez has been a good employee as indicated by his employer. Vierra also cited the favorable presentencing report.
According to testimony at trial, around 6 p.m. Sept. 7, 2006,
David Adkins, a 53-year-old Kula resident, was heading down Kula Highway and was at a traffic light at Aapueo Drive when his engine died on his 2003 Honda motorcycle.
So, with a leg on each side of the motorcycle, he began "crab walking" the bike off the roadway. He made it just over the shoulder line and was looking for the kickstand when he was knocked onto his back.
Alvarez, used the shoulder to pass by other cars when the collision occurred. A witness said she saw Alvarez "pop a wheelie" and that he was driving fast.
The two men were hospitalized after the collision.
Adkins, who was a personal truck driver licensed to transport hazardous materials prior to the accident, now has a titanium rod in his right leg. He also had skin grafts and has sets of screws in his leg.
* Melissa Tanji can be reached at mtanji@mauinews.com.
