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WAILUKU -- Saying a woman had continued to use illegal drugs and alcohol and drive without a license in the two years since a crash that nearly killed two teenage passengers, a judge sentenced her Tuesday to a one-year jail term as part of five years' probation.
"This should have been a life-changing incident," 2nd Circuit Judge Kelsey Kawano said in sentencing Nalea Demello, 20, of Kahului.
"If the court were in your shoes, I would not be driving without a license anymore. I would not be using drugs anymore. I would not be drinking anymore," Kawano said. "I would do everything in my power to access the rehabilitative services that were offered to you.
"That did not happen in this case. It tells the court that you are a most dangerous person."
Demello had pleaded no contest to two counts of first-degree negligent injury and driving under the influence of drugs. Charges of driving without a license and not having insurance were dismissed in exchange for her pleas.
Police said speed was a factor in the crash at 2:05 a.m. June 20, 2019.
Demello was driving a 2003 Toyota Tacoma pickup truck that was traveling southeast on Maui Lani Parkway when she lost control and crashed into a tree in the center median near Kuikahi Drive in Kahului, police said.
A police investigation showed Demello was driving under the influence of illegal drugs at the time of the crash, which injured all four occupants, including Demello, Kawano said. "She nearly killed two other persons that were in her car," he said.
A 14-year-old girl and a 16-year-old girl, both back seat passengers, were transported to Maui Memorial Medical Center in critical condition before they were medevaced to Oahu for additional treatment, police said.
A 15-year-old girl was a front seat passenger in the vehicle, according to police.
"I'm sorry to the girls that I hurt," Demello said in court Tuesday. "I love them so much."
She also apologized to her family, including her mother and others in the courtroom gallery. "Sorry I let you guys down," Demello said.
She had asked for a chance to keep the felony convictions off her record.
Deputy Public Defender Heather Wolfenbarger asked the judge to consider Demello's youth in sentencing her.
"This was a horrible accident where there was no intent to harm anybody," Wolfenbarger said. "Addiction is clearly an issue here."
Deputy Prosecutor Johann Smith opposed Demello's request.
He said Demello had been using methamphetamine, marijuana and cocaine while the case was pending.
"Even after all of what happened, she's still driving without a license and she's still using drugs," Smith said. "Nothing has actually changed for her.
"This was a dangerous crime."
He recommended the one-year prison term as part of probation "to reflect the gravity of the harm she did."
"Even after two years, knowing the harm she did, the trauma she put these people through, she is still doing the same thing," Smith said. "She's still driving intoxicated.
"Between then and now, her actions have spoken louder than words."
Judge Kawano denied Demello's request for the chance to keep the convictions off her record.
He said reports to the court indicated Demello hadn't complied with conditions of her release on bail, including by abusing drugs and alcohol. She was cited twice for driving without a license, pleading guilty in one case, Kawano said. He said Demello was discharged from outpatient treatment in April because of her continued drug use and poor attendance. After that, she stopped reporting for pretrial supervision, Kawano said.
"It tells me you are absolutely not committed to the treatment you say you need today and you want today," the judge told Demello. "In the two years since this motor vehicle collision occurred, you're still drinking, you're still using illicit drugs.
"You're untreated. You still pose the same threat to the community."
He said he had considered sentencing Demello as a young adult defendant to a four-year prison term. Kawano said he considered Demello's lack of prior record and youth in following the plea agreement recommending probation for her.
He said he hoped she would seek treatment when she's released from jail. "Hopefully, you'll grow up," he said.
As part of her probation, Demello was ordered to pay $4,483 in restitution. She was ordered not to consume alcohol or illegal drugs.
For the DUI conviction, she was ordered to pay a $1,000 fine and $712 in fees.
In another sentencing Tuesday, a 39-year-old Kula man was placed on four years' probation for gun and drug charges.
William Sakugawa Souza was given credit for eight days he previously spent in jail.
He had pleaded no contest to a reduced charge of second-degree promotion of a harmful drug, as well as keeping a loaded pistol in an improper place, first-degree theft of a firearm and prohibited possession of a firearm. More than 100 other charges were dismissed in exchange for his pleas.
He was indicted on the charges after a police search of his residence on June 10, 2020. Police reported recovering hash oil and 36 firearms, including five rifles that were reported stolen.
His attorney, Myles Breiner, said Sakugawa Souza had taken responsibility and worked to comply with court requirements, calling police to have officers recover ammunition in a safe that hadn't been seized in the search.
"It's been transformative," Breiner said. "He's turned himself around."
Second Circuit Judge Peter Cahill said many family members and friends wrote letters supporting Sakugawa Souza.
"It's like you're living two separate lives here," Cahill said. "When you mix dealing drugs and dealing guns, that's just about as bad as it can get -- not only for the community, but there's always a potential danger for yourself and your family."
Cahill followed a plea agreement between the defense and prosecution in sentencing Sakugawa Souza.
"You've made the efforts here," Cahill said. "You don't deserve the second chance. You've earned it."
Sakugawa Souza was ordered to pay $1,159 in restitution. He also was ordered not to consume or possess illegal drugs.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.