In an emotionally charged courtroom, a 10-year jail sentence was handed down Wednesday to a Kona man who pleaded no contest earlier this year to first-degree negligent homicide stemming from a 2018 crash that killed a 41-year-old mother of two.
Austin Kembel, 23, was indicted last August in connection with the March 12, 2018, crash near mile marker 83, in the vicinity of the Kiholo Bay Scenic Lookout, on Queen Kaahumanu Highway in North Kona that took the life of Trina Walker.
Nearly 20 family members and friends of Walker were spread out between the courtroom and adjacent jury room to witness the proceeding.
Walker’s sister Tracey Maley addressed the court by phone with her victim impact statement, noting she’s waited two years for her sister’s killer to be punished.
“I’d like to remind everyone here today this was not an accident. It is and was a violent crime,” she said. “Austin Kembel chose to drink alcohol, his (blood alcohol content) was almost twice the legal limit. Austin Kembel chose to get high, he tested positive for both cocaine and recent marijuana use, then Austin Kembel chose to get behind the wheel and speed down the highway at 85 mph. My heart and soul will ache forever. Austin has forever altered the trajectory of all our lives. He forced an unimaginably heartbreaking and heavy burden upon us … a life sentence of sadness and despair.”
She continued that it was Kembel that deserved the life sentence, adding “I do not accept his apology. I won’t ever forget what he did. I won’t ever forgive him. I love and loved my sister more than anyone could ever comprehend. She was one of the brightest and most beautiful souls this world has known and our world is so empty now without her.”
Walker’s brother Troy, who is raising her two children, Walker’s partner Jason Nealy, and family friend Thomas Fischer also gave brief statements to the court.
“The grief and loss has destroyed us,” Troy Walker said. “All we have is memories of Trina.”
Fischer spoke next.
“We have to raise these children without a mother. It breaks my heart,” he said. “He has no remorse. We saw him buy alcohol right after the accident.”
Nealy, the father of the children, was visibly shaken as he delivered his statement.
“So many lives have been ruined and changed forever. Whatever the maximum penalty is, he deserves double,” he said.
In arguing for the maximum sentence, Deputy Prosecuting Attorney Kauanoe Jackson reminded the court that Kembel’s blood alcohol content was 0.152 and he made a choice to drink and drive.
Kembel’s defense attorney, Michael Schlueter, asked the court for probation.
“There’s no question Austin made terrible decisions. He has substance abuse problems. He did not have intention to kill,” said Schlueter.
Kembel then addressed the court.
“I can’t put into words how sorry I am,” he said. “I can’t sleep at night. I have anxiety. I have night terrors. I made poor decisions.”
Kona Circuit Court Judge Melvin H. Fujino replied, “What about Kingston and Willow? They don’t have a mother.”
The courtroom burst into applause as Fujino gave Kembel the maximum sentence of 10 years incarceration.
After sentencing, Fischer said he was happy Fujino took their words to heart.
“He stepped up. It’s not going to bring her back, but the judge is holding him accountable,” he said of the 10-year sentence handed down.
Nealy said his children were 1.5 and 3 years old at the time of the accident, and will have no memories of their mother.
“He’s lucky to get 10 years,” he said.
Kembel pleaded no contest to first-degree negligent homicide on Jan. 15. In exchange for his plea to the Class B felony, prosecutors dropped charges of manslaughter and second-degree negligent injury.
Walker was on her way home from the Mauna Lani where she was employed at Ruth’s Chris Steak House when the collision involving three cars occurred shortly after 10:30 p.m. on March 12, 2018.
According to police, Kembel was headed southbound on the highway when he was involved in a rear-end collision with Walker while attempting to pass her on the right. The collision caused Walker’s sedan to spin and cross over into the northbound lane of the highway, where it was rear-ended by a northbound vehicle driven by a Waimea man.
Walker was taken to the Kona Community Hospital where she was pronounced dead at 2:57 a.m. March 13, 2018. Both men were also hospitalized following the wreck.
The Hawaii Paroling Authority will determine the amount of time Kembel must serve before becoming eligible for parole. Kembel, who was free on bail pending sentencing, was immediately taken into custody after the judge’s ruling.