Van Tomita, 64, who was deaf, died after the motorized scooter he was riding was hit by a truck driven by Bryson Defrancia in September 2018. Tomita later died.

WAILUKU — With a deputy prosecutor crediting “grace, compassion and understanding” by the family and friends of a deaf man who died after being hit by a flatbed truck in a crosswalk, the driver was spared a jail term and was given a chance to keep a felony conviction off his record.

Bryson Defrancia, 27, of Makawao was ordered to perform 200 hours of community service as part of his sentence Thursday.

“I don’t know that I have seen so much compassion from everyone to try and resolve what is truly a terrible situation,” said 2nd Circuit Judge Peter Cahill, who followed a plea agreement in sentencing Defrancia. “This entire process here should be really devoted to Van Tomita’s memory.”

Defrancia had pleaded no contest to first-degree negligent injury, with the charge amended from the original charge of first-degree negligent homicide.

The fatal collision occurred after 1 p.m. Sept. 17, 2018.

Defrancia, who was working as a truck driver, had just finished lunch with his family at Maui Marketplace in Kahului and was turning right out of the parking lot onto Dairy Road, said his attorney, Chris Dunn.

He said Defrancia was looking to the left as Van Tomita operated a motorized scooter on the sidewalk along Dairy Road while heading in the direction of the former Borders bookstore at the shopping center.

Tomita entered the crosswalk at the entrance to Maui Marketplace, putting him in the path of Defrancia’s truck, Dunn said.

He said Defrancia didn’t see Tomita and stopped immediately after the collision.

Tomita was taken by ambulance to Maui Memorial Medical Center, where he later died, police said.

Defrancia is a “local kid from a strong and hardworking local family,” Dunn said.

He said Defrancia was so affected by what happened that he sought professional psychological help. He also began volunteering at Maui Adult Day Care Centers, which was the “closest fit” with the plea agreement recommendation that he do his community service at an organization providing service to people who are hearing-impaired or use wheelchairs or promoting traffic safety, Dunn said.

He said Defrancia and his father, who is also a truck driver, started a hauling business in January 2018. Having a criminal conviction would jeopardize Defrancia’s work, Dunn said.

Deputy Prosecutor Ryan Teshima said the court hearing also was an opportunity to remember Tomita, a 64-year-old Kahului resident.

Tomita, who was the youngest of three siblings, was born deaf and learned sign language at an early age, Teshima said.

“It was difficult, as not many people know how to sign,” Teshima said. “It can be a lonely life.

“He was always trying to teach people. His deafness didn’t prevent him from making friends with hearing people.”

Tomita had worked at the hospital for 40 years and also worked for 30 years frying chips at Polli’s restaurant in Makawao.

He was a hard worker who saved his money, Teshima said.

“He never called in sick or became lazy. He never lied,” Teshima said. “Van did not see himself as having a disability. He saw himself as a person who was deaf.”

He said Tomita socialized with Maui Deaf Friends members and became friends with Nani Watanabe, who would eventually become his caretaker.

“There were so many people that he touched,” Watanabe said after the court hearing. “He was a friendly person. He wasn’t ashamed to make new friends.”

In 2018, after he fell outside his home, Tomita injured his leg, which later was amputated, Teshima said.

“That did not stop Van from living a happy and independent life,” Teshima said.

Watanabe, who had taken Tomita into her home, helped him get access to bus service so he could socialize with his friends, Teshima said.

He said Tomita eventually got the motorized scooter, “which gave him independence.”

“Unfortunately, the motorized scooter would also play a role in this,” Teshima said.

Because of the height of the truck, it was difficult to see the scooter directly in front of the truck, Teshima said. He said no speed, drugs or alcohol were involved in the collision.

He said the plea agreement, which recommended the deferral for Defrancia, was reached because of “grace, compassion and understanding” of Tomita’s family and friends, who had no ill will toward Defrancia.

“We hope he will live every day as a tribute to Van,” Teshima said.

In a letter to the court, Watanabe said she wanted to see the tragedy turned into something positive. She said Tomita was the third deaf person to die in a traffic collision in a crosswalk on Maui.

“More efforts need to be made to educate the public and make the public aware of pedestrian safety for deaf people and people using motorized scooters,” Teshima said.

Speaking in court, Defrancia apologized to Tomita’s family.

“I grieve for your loss, and I take responsibility for my actions,” he said.

Defrancia said he thinks about what happened every day when he gets up and gets behind the wheel for his job.

“In quiet times at home, I’m overwhelmed by the fact that my actions brought about this tragedy,” he said. “I can only strive to be more conscious and more careful in the future.”

“I will live with the burden of my role in this tragedy for the rest of my life,” he said. “I hope to demonstrate to Van Tomita’s memory and to his family that I am worthy of the compassion they have demonstrated to me.”

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.