The family of a woman who was killed in a North Kona traffic crash two years ago is suing the driver of the other car, his parents and a car rental company, seeking more than $14 million in damages.
The wrongful death civil suit was filed June 27 in Kona Circuit Court by Steven Freedman, the husband of Rhonda Dee Freedman, who died at 63 shortly after the July 14, 2022, collision at the intersection of Mamalahoa Highway (Route 190) and Kahikina Place.
Also listed as plaintiffs are the couple’s adult children: Max Kahikina Freedman, Alanah Molly Keiki Wahine O Kahikina Freedman and Lou Kaainoa Freedman.
Named as a defendant is Trevor Shoemaker-Hassey, the then-19-year-old driver of the white 2019 Nissan Rogue police say crossed a double-solid yellow line and struck head-on the 2018 Nissan Versa driven by Rhonda Freedman.
Co-defendants in the suit are Shoemaker-Hassey’s mother, Iayon Shoemaker; his father, Robert T. Hassey; and Enterprise Rent-A-Car Company of Hawaii — which, according to the suit, leased the Nissan to Iayon Shoemaker.
The complaint alleges Shoemaker-Hassey drove “recklessly and/or negligently,” causing the collision with Rhonda Freedman’s vehicle. It further claims that “Shoemaker negligently and/or recklessly entrusted the leased vehicle to her son … with the knowledge that defendant Shoemaker-Hassey was a careless and reckless driver and posed a serious risk of harm to the operators of other vehicles,” including Rhonda Freedman.
Steven Freedman said in his complaint that he and his family have been deprived of “life-long love and affection” due to his wife’s death.
Shoemaker-Hassey faces charges of manslaughter, first-degree negligent homicide, driving under the influence of alcohol, promoting reckless driving, second-degree reckless endangering and harassment for the fatal crash.
He can’t be convicted of both manslaughter and negligent homicide, because the latter is a lesser offense.
Since the fatal crash, Shoemaker-Hassey — then free on $75,000 bail — was arrested in Kailua-Kona on July 19, 2023, on suspicion of DUI, driving after his license was suspended for DUI and without insurance.
He was released from custody pending further investigation, and those charges haven’t been filed.
In addition, Shoemaker-Hassey was arrested on Sept. 17, 2023, on suspicion of driving after his license was suspended for DUI and third-degree promotion of a dangerous drug.
According to a motion to revoke his bail filed in October 2023 by prosecutors, Shoemaker-Hassey was pulled over by police near the Triangle Park parking lot on Kuakini Highway in Kailua-Kona after officers spotted him driving with “an unconscious female passenger in his vehicle, who was later determined to be suffering from an overdose related to opiate use.”
The motion stated that Shoemaker-Hassey’s “continued operation of a vehicle in defiance of his license suspension, as well as allegations of drug use connected to operating said vehicle” indicate he “poses a serious danger to the community.”
No charges were filed in that case, but Shoemaker-Hassey’s bail was raised to $175,000, and he remains in custody at Hawaii Community Correctional Center.
Recently retired Third Circuit Chief Judge Robert Kim in April denied a motion to free Shoemaker-Hassey on supervised release — a form of cashless bail — or to reduce his bail.
Also since the collision, Shoemaker-Hassey was cited or arrested for the following offenses, and later convicted: using electronic mobile device while driving on Oct. 12, 2022; speeding, 69 mph in a 55 mph zone on Oct. 23, 2022; inattention to driving, driving left of center and disregarding a solid white line on Oct. 27, 2022; and reckless driving and disregarding solid white and solid yellow lines on Dec. 1, 2022.
Shoemaker-Hassey has a trial scheduled for Sept. 3 in the fatal crash case, and a hearing on pre-trial motions set for Aug. 12.
A plea deal has been extended by prosecutors, in which Shoemaker-Hassey would plead guilty or no contest to manslaughter and second-degree reckless endangering and the remaining counts would be dismissed.
The state also would not oppose Shoemaker-Hassey being sentenced as a young adult defendant, in which the maximum sentence for a Class A felony manslaughter conviction would be eight years imprisonment. Manslaughter usually carries a maximum sentence of 20 years.
Shoemaker-Hassey and his attorney, Jason Kwiat, have been given until July 31 to accept the plea deal or make a counter-offer.
The offer doesn’t sit well with Steve Freedman, who sent a scathing email to county Prosecutor Kelden Waltjen and several deputies, including Charles Murray III, the prosecutor assigned to Shoemaker-Hassey’s criminal case.
“I have experience(d) first-hand all the proceedings …,” Freedman wrote. “Never once was there a thought about our family, it was always how you can accommodate the criminal.
“… We seek justice, accountability, truth. Your offer is not that. Trevor has a record that positions him to be an endangerment as evidenced in Rhonda’s senseless death. The laws should provide for protection for all innocent law abiding people, not (protecting) the ones that commit offenses, break laws and are irresponsible, rendering themselves reckless.”
Email John Burnett at jburnett@hawaiitribune-herald.com.