‘Such a tremendous loss’

The husband and a daughter of a 79-year-old aikido instructor killed more than a year ago in a Hilo traffic collision told the court Thursday the Judiciary has no satisfactory sentence to impose for her death.

Drs. Robert and Rachel Klein — a chiropractor and naturopathic physician, respectively — said they understood the limitations placed on Hilo Circuit Judge Peter Kubota by the legal system.

Kubota then sentenced 71-year-old Carlton Inada to five years of probation plus a year in jail, already served, for the death of Barbara Klein.

Inada, who was driving a 2016 Toyota Tacoma pickup truck, struck Klein’s recumbent tricycle as she rode on Akolea Road on the morning of Oct. 3, 2023.

“I just want to express my disappointments that the whole judicial and legal system was unable to offer a greater penalty for Mr. Inada’s acts,” Robert Klein told Kubota.

“I do believe that for whatever reasons, this happened as an intentional act, and I think it was an extremely serious action,” Klein said.

Inada, who has no prior police record, pleaded guilty on Aug. 19 to second-degree negligent homicide, a Class C felony punishable by five years imprisonment. In return for his plea, prosecutors dropped a charge of leaving the scene of the crash, a Class B felony that carries a potential 10-year prison term.

Inada was freed from custody on Oct. 2 after having served a year behind bars, the longest jail term that can be imposed with probation for a Class C felony.

“This was a completely senseless crime, and it happened in the worst way to a good member of our community,” Kubota told Robert Klein. “And the loss to your family can never be replaced, can never be restored. And whatever we do for Mr. Inada is going to be small compensation for what you folks have lost. That’s a difficult part of being a judge. I have to fashion some remedy that is fair to all sides.

“It seems you have a wonderful family and a great group of friends who have supported you folks throughout this whole tragedy.”

While addressing the court before Kubota’s ruling, Rachel Klein went a step further than her father, telling the judge, “There is no fairness.”

“I know the court is doing the best that it can, and the entire system is doing the best that it can under the circumstances,” she said. “This was such a tremendous loss for all of us — for our family as well as the community.

“My biggest concern, moving forward with sentencing, is that five-year maximum. And beyond that, the system doesn’t seem that it can do anything to prevent further harm to the community. And so, all I ask is that the conditions imposed be as strict as possible. … I have a lot of concern about Mr. Inada driving again … and I don’t feel that has been addressed in this case in a way that makes a long-term impact. I don’t know what the conditions you have in mind are, but I’m concerned that a condition like revocation of a driver’s license does not actually prevent someone from being able to get behind the wheel of a vehicle.”

Court documents filed by police state Inada told officers he hit Barbara Klein on purpose because she was riding too slowly. Kubota said in an previous hearing that media reports using that narrative weren’t accurate. Later reports indicated Inada instead intended to use his truck to scare the longtime martial arts teacher.

Geraldo Farrington, who studied aikido for 25 years with Klein, addressed the court about that allegation.

“All I can do is urge you to do your utmost to prevent Mr. Inada from trying to scare anybody again,” he said.

Inada’s lawyer, Deputy Public Defender Kenji Akamu, said Inada — who is in the early stages of dementia — has “done everything he’s supposed to do” since his release from jail.

“He’s been a part of this community for 70-plus years,” Akamu said. “He worked at his parents’ shop. His mother was a schoolteacher here. And nothing in the 70 years preceding this or the time after indicates that he’s a danger to do this maliciously.

“The forensics indicate what he said in his interview was correct. He should’ve hit the brake. He hit the gas. When he was interrogated over two days, he said, ‘I hit the gas. I should’ve hit the brake.’ And the police officer said, ‘Oh, so you did this on purpose.’ And it all went down from there. … He’s taken responsibility for his actual actions, which is probably not being able to drive anymore.

“… I guess my fear is that he’ll be in the community but not a part of the community. That people, when they see him, his neighbors are just going to ice him out or shun him, or he’s going to be a pariah.”

Inada, who had been mostly silent in previous court proceedings, also spoke briefly.

“I’m very sorry this happened. I can never bring Ms. Klein back. But I hope the family will accept my condolences,” he said.

Kubota said it serves no public purpose to imprison Inada while he’s in declining health. As a term of probation, Kubota revoked Inada’s driver’s license and ordered him to sell or give away his truck once it’s released from the police evidence bay.

“It’s unfortunate that in this town of Hilo, we don’t have such good transportation facilities that would allow people to abandon driving vehicles and rely on public transportation,” the judge said. “But we’re in a transition point where it’s getting better, and we’re in a position where seniors who can’t drive should stop driving.”

Email John Burnett at jburnett@hawaiitribune-herald.com.