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WAILUKU -- Bail was kept at $502,000 for a man who reportedly was "drinking an incredible amount of alcohol" in the hours before a hit-and-run collision last month that killed a 73-year-old bicyclist in Lahaina.
Saul Lopez Martinez, 52, of Lahaina pleaded not guilty Tuesday to charges of first-degree negligent homicide, leaving the scene of a fatal crash, habitual DUI and driving while his license was suspended or revoked for DUI.
Police located him about an hour after the crash, which occurred at 10:34 p.m. Jan. 29 on Front Street.
A preliminary investigation showed Martinez was driving a 2004 Ford F-150 truck north and crossing Kahoma Kai Stream Bridge when he collided into the rear of Agustin Dela Cruz, who also was traveling north and operating a silver Xtreme generic electric bicycle, police said.
Martinez fled after the collision before police DUI Task Force officers found him in the truck in the nearby Safeway parking lot, police said.
Martinez appeared by videoconference from the Maui Community Correctional Center for his arraignment Tuesday in 2nd Circuit Court.
Deputy Public Defender Zach Raidmae asked for bail to be reduced to $50,000, saying Martinez has family on Maui.
He could be ordered to install a continuous alcohol monitoring device to detect any alcohol intake "to ensure the court he'll stay sober and located and on island," Raidmae said.
He said Martinez has an "extremely recent criminal history with nothing before that."
Deputy Prosecutor Brandon Segal asked the court to keep bail at $502,000, noting Martinez was convicted of his second DUI just five days before the crash.
Segal said an investigation showed Martinez drank alcohol that day at his workplace, where he consumed Mike's Hard Lemonade starting at lunch and continuing all afternoon. After that, he went to a sports bar, where he drank Vodka sodas, surveillance video and receipts showed, Segal said. He said Martinez continued on to the Mala Boat Ramp, where he drank two or three beers, the investigation showed.
"He's drinking an incredible amount of alcohol," Segal said.
He said Martinez's blood-alcohol was measured at 0.121 percent about six hours after the crash and the defendant claimed he had blacked out.
While installing the continuous alcohol monitoring device "can ensure he can be reported for violations, it cannot prevent him from drinking alcohol," Segal said.
"There needs to be a significant financial incentive for him not to drink," Segal said. "Without that financial incentive, he'll continue to pose an extreme danger to the community."
Judge Peter Cahill kept bail at $502,000 for Martinez while noting his two prior DUI convictions, one in 2020 and the other about two weeks ago.
Martinez was ordered not to consume alcohol or illegal drugs and not to drive while the case is pending. He also was ordered to install a continuous alcohol monitoring device and was prohibited from leaving his residence except to go to court or obtain medical treatment or attention.
Martinez was charged with first-degree negligent homicide under Kaulana's Law, which allows the court to extend the maximum prison term from 10 to 20 years for defendants convicted of first-degree negligent homicide who don't remain at the scene to render aid.
The law, which was enacted in 2018, was named after 19-year-old Kaulana Werner, who was walking along Farrington Highway when he was hit and dragged by a vehicle in a fatal hit-and-run crash April 24, 2016, in Nanakuli, Oahu.
A March 21 pretrial conference is scheduled for Martinez.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.