KAILUA-KONA — A man was recently indicted for negligent homicide and drunken driving in connection with a fatal 2016 motor vehicle vs. pedestrian crash on Kawaihae Road.
KAILUA-KONA — A man was recently indicted for negligent homicide and drunken driving in connection with a fatal 2016 motor vehicle vs. pedestrian crash on Kawaihae Road.
The four-count indictment, handed down one day short of the one-year anniversary of the Feb. 7, 2016, crash, charges Bertjim S. Badua with first-degree negligent homicide, third-degree promoting a dangerous drug, identified as cocaine, possessing drug paraphernalia and operating a vehicle while under the influence of alcohol on a public roadway.
The court subsequently issued a $15,000 bench warrant for Badua’s arrest. Once the warrant is served, the court will set an initial appearance in 3rd Circuit Court.
Badua was the driver of a 2010 Nissan Frontier pickup that was traveling west on Kawaihae Road and veered across the highway and struck 38-year-old Waimea resident Jacob Freebairn as he walked near the Door of Faith Church around 1:15 a.m. Feb. 7, 2016, according to police. Freebairn suffered critical injuries in the crash and was pronounced dead five hours later.
Badua, who was 27 and a Kapaau resident at the time of the crash, was arrested on suspicion of first-degree negligent homicide and driving under the influence of an intoxicant and was released pending further investigation.
First-degree negligent homicide is a class B felony punishable by up to 10 years imprisonment and $25,000 in fines. Third-degree promoting a dangerous drug and possessing drug paraphernalia are both class C felonies, which carry a maximum of five years imprisonment and a fine of up to $10,000. Driving under the influence of an intoxicant, a petty misdemeanor, has a maximum fine of $1,000 and 30 days incarceration.
Attempts to reach Freebairn’s parents were unsuccessful on Tuesday because listed numbers were disconnected. Freebairn’s father also did not respond to a message.