Memorial service and sentencing bring closure

The sunlight over Hilo slid down individual rays and came to rest on the back lawn of the Performing Arts Center like ellipsoidal spotlights searching for the artist on stage. Every now and again, a friend or family member would pass quickly through one of the rays as the group assembled on the grassy knoll spoke quietly in anticipation of the coming memorial service.

A little after 3:00 p.m. on Friday, Jan. 20, 2012, UH Hilo student Karla Ahn opened the memorial service and dedication ceremony for the late Theodore "Ted" Braxton.

Jacquelyn Johnson, UH Hilo performing arts chair and drama professor, followed with a reflection in both Hawaiian and English. She spoke of Ted's vitality and the positive influences he offered those around him. Family and friends took that queue to address the group with stories of how Ted inspired their lives.

Susan McGee said that their friendship helped her discover how precious life really is. Friend and former classmate Juliet Heibler also shared her experience as Braxton's friend. "Ted helped me find my faith in humanity again," she said. Unique and special were also used to describe the person that Ted was, and helped to illustrate the profound loss that Mr. Braxton's death was for so many people.

That loss came a little more than 7 months ago on May 28, 2011. While heading home that evening, UH Hilo student Ted Braxton was struck and killed by a drunk driver. As reported in issue 1 of Ke Kalahea during the Spring 2011 semester, Braxton, riding a mo-ped, was struck by an armored van. The operator, an inebriated Keaolaokalani Kailianu, failed to yield right of way on a left turn and dragged Braxton for 100 feet and his mo-ped for another mile and a half.

At the time of the accident, Kailianu had a blood alcohol concentration of 0.282, three and a half times the legal limit. "In order to get to a blood alcohol content of .282 of blood, we figured that he had to have drank at least 20 [beers], possibly even 24 beers…," said Deputy Prosecuting Attorney Mitchell Roth in a statement during Kailianu's sentence hearing.

Kailianu was initially charged with first degree negligent homicide, manslaughter, DUI and leaving the scene of an accident causing death. He initially entered a plea of not guilty and was set free after posting $20,000 bail. During a Nov. 21, 2011 court appearance, Kailianu entered a plea of no contest to the charges of negligent homicide and leaving the scene of an accident causing death. As per the plea deal, the charges of DUI and manslaughter were dropped. A sentencing hearing was eventually scheduled for January 2012.

Three days after Kailianu's sentencing, Braxton's memorial service attendees gathered around the freshly planted hibiscus tree being dedi cated to his memory. Family members took turns pouring water onto it as a symbol of life and to give the plant a healthy start. The memorial on Jan. 20 concluded with group photos, and it brought closure to an emotional week. At 9:00 a.m. on Jan. 17, 2012, Hilo Circuit Judge Glenn Hara called his courtroom to order. Family and friends of both the victim and defendant sat somberly through the sentencing. Some loved ones overcome with grief passed a box of facial tissue between one another.

Braxton's father, Don Braxton, was given the opportunity to address those present, and his words reflected the anguish and struggle he and his family have faced following his son's death. "We have only emptiness where there used to be joy," he said. "We ask for what the law allows in this case."

Judge Hara found Kailianu guilty of first degree negligent homicide and fleeing the scene of an accident causing death. Judge Hara expressed hope that by enforcing strict consequences for the DUI fatality that Kailianu and others would reflect on the ramifications of such choices. Kailianu was given ten years for each count to be served concurrently. He was also ordered to pay a crime victim compensation fee of $410.

Other measures aimed at cracking down on DUI offenders have been put before the state. Councilwoman Brenda Ford proposed Bill 98, named Aliyah's Law after the 17 month old victim of a DUI fatality, last year. In practice the bill would allow Hawai`i county police officers to tow and impound the cars of drunk drivers at the registered owner's expense. According to a Jan. 1, 2012 Hawai'i 24/7 article, Hawai`i State passed a law in January 2012 mandating that DUI offenders be required to install an ignition interlock, or breathalyzer, in their vehicles. The bill was spearheaded by Representative Sharon Har, a victim of a DUI crash.