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Kahului man gets five years in prison for habitual OUI

56-year-old was driving with his young son in truck

WAILUKU — A five-year prison term was handed down Thursday to a Kahului man who drove intoxicated and hit parked cars while his 2-year-old son was in the vehicle with him.

Second Circuit Judge Peter Cahill went against requests from a deputy prosecutor and a defense attorney for no incarceration for 56-year-old Frank Fyda and instead gave him the prison term.

“I’m just not going to take the risk,” Cahill said during sentencing.

The judge said this isn’t just a regular case of operating a vehicle under the influence, but that Fyda had his young son in the vehicle.

“That’s just horrible,” Cahill added.

Cahill said Fyda already had his chances and the state in the past spent thousands of dollars for him to get treatment from the Maui Drug Court program.

Cahill pointed to Fyda’s past “track record” and said “it’s always talk” coming from Fyda, this time to avoid going to prison.

But Fyda said things have changed, that he no longer wakes up and wants a cigarette and now he looks forward to going to work and having people relying on him, which he calls “a great feeling.”

He wants to “move on” and noted it’s been “a lot” waiting for the sentencing.

Fyda said he has a young son that depends on him and he wants to be there for him as well.

“I don’t want to fail him. I don’t want to fail myself. I don’t want to fail you,” Fyda said.

But, Cahill said, “I’m not part of the equation.”

Defense attorney Wendy Hudson said Fyda completed residential treatment at Aloha House and is also in a sober living home now and is working. He is also doing intensive outpatient treatment.

She summarized letters from Fyda’s family in which they said he admits his shortcomings and has a job with a family member.

“He is doing the hard work,” Hudson said. “Better late than never.”

Outside of court, Hudson said Fyda had a “relapse” during the driving under the influence incident with his son and that it occurred during COVID-19 pandemic, which was hard for Fyda.

She said Fyda had been released from incarceration by the court prior to his sentencing to enter residential treatment, which Fyda completed successfully.

But now, he has to return to prison.

Deputy Prosecuting Attorney Ryan Anderson-Teshima said in court that there are “egregious facts” in the case as police were called as a vehicle was hitting parked cars along a street, all while Fyda had his son with him.

A test showed Fyda had a 0.130 blood-alcohol level, which is above the legal limit of 0.08 percent.

Anderson-Teshima said Fyda already had two prior convictions for operating a vehicle under the influence of an intoxicant in the past 10 years.

He said that in this case Fyda pleaded guilty to the most serious charges, which were habitual OUI and endangering the welfare of a minor.

But he added that reports showed that Fyda has done “extremely well” on treatment.

“He does show he is working for himself and he is working for his son,” Anderson-Teshima said in asking for probation and credit for jail time Fyda has served.

The charges stem from an incident on Aug. 6, 2021, when police arrested Fyda for habitual driving under the influence after he was found passed out and bleeding behind the wheel of a pickup track with a child in his lap.

Witnesses said they saw the truck hit four parked vehicles in Kahului before stopping on Kunu Place.

The felony charge was brought based on Fyda’s two prior convictions for operating a vehicle while intoxicated within the past 10 years.

In the latest case, Fyda had an injury to his mouth and chin, and police found blood on both Fyda and the child, as well as a cold, open can of beer that was three-fourths full in the cup holder.

He also has convictions for driving under the influence, driving while his license was suspended, failure to appear, second-degree burglary and theft, all in Arizona, according to prior testimony in earlier court hearings.

* Melissa Tanji can be reached at mtanji@mauinews.com.

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