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WAILUKU -- A judge kept bail at $100,000 Monday for a driver who was charged with leaving the scene of a crash that killed a homeless man in the McDonald's parking lot in Kihei last year.
Kimo Sims, 27, has pleaded not guilty to second-degree negligent homicide and leaving the scene of the fatal collision in the early-morning hours of Jan. 23, 2018.
At a court hearing Monday, Sims' attorney, Graham Mottola, asked for bail to be reduced to the $20,000 that was set when Sims faced a lesser charge of failing to remain at the scene of the collision and render aid to the pedestrian.
Family members had pooled funds to post the lower bail amount so Sims could be released after he was arrested Nov. 8, Mottola said.
He said that when Sims appeared for his arraignment Wednesday in 2nd Circuit Court, he faced the more serious charge of leaving the scene of a fatal crash with bail set at $100,000, and the earlier case was dismissed.
Deputy Prosecutor Joanne Hicks said the new charge was appropriate based on the alleged facts.
A police investigation showed Sims and two friends had been drinking at bars in Kihei before the crash at 2:27 a.m., Hicks said.
She said Sims was speeding when he turned left from South Kihei Road into the McDonald's parking lot, lost traction and hit a curb. The front wheel of his vehicle was inoperable, but he continued to drive, hitting 57-year-old Robert Mercier, who was lying in the parking lot, she said.
Sims and his passengers got out of the car, which they left at the scene, Hicks said.
She said Sims was seen trying to rip off the license plate, which was discarded nearby.
Police determined that in the five seconds before the collision, the car was traveling 53 mph in the 30-mph zone, Hicks said. At the time of the collision, the speed was 35 mph, she said.
"A person died in this case," Hicks said in asking that bail remain at $100,000. "The alleged facts are serious."
Sims turned himself in to police about four hours after the crash.
Hicks said Sims was on federal probation.
In keeping Sims' bail at $100,000, Judge Rhonda Loo said his federal probation officer reported that Sims hadn't kept appointments in May and June 2018, had tested positive for drug use and had "very poor" attendance in drug treatment.
"What I'm concerned about, of course, is the death of an innocent person," Loo said.
A Dec. 16 pretrial conference is set for Sims.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.