Posted on: Wednesday, August 29, 2001

Wrong-way H-1 driver ruled insane

By Curtis Lum
Advertiser Staff Writer

A 57-year-old Kalihi man who drove the wrong way on the H-1 Freeway last year and caused a seven-car pileup has been acquitted of 10 misdemeanor charges by reason of insanity.

Benjamin C. Belleza was charged with terroristic threatening, reckless driving, leaving the scene of an accident, failure to render aid, assault and reckless endangering in connection with the Jan. 18, 2000, accident.

Police said Belleza was driving up to 90 mph early that morning while driving against traffic on the H-1 near Ward Avenue.

His car struck several cars, including one carrying a pregnant woman. The Pearl City woman was not seriously injured and delivered a healthy baby boy later that day.

Belleza suffered critical head and chest injuries in the accident. He was later charged with the misdemeanors.

A panel of three court-appointed doctors determined that Belleza suffered from a mental disorder and was unable to conform his conduct to the law. Belleza has a history of schizophrenia, his attorney, Barton Cox, said.

On Monday, District Judge Derrick Chan agreed with the doctors' ruling and found Belleza not guilty of all charges.

There was no trial because prosecutors and the defense agreed that Belleza was mentally impaired at the time of the accidents.

But Chan disagreed with the state's arguments that Belleza should be committed to Hawai'i State Hospital and placed Belleza on conditional release.

Under terms of the release, Belleza is forbidden from driving, he must submit to regular drug testing, and he must take his medication.

If he fails to abide by the conditions, Belleza would be committed to the State Hospital.

City Deputy Prosecutor Leah Takeuchi said the state agreed with the doctors' opinions and did not challenge the acquittal.

Cox said his client poses no danger to the public as long as he stays on his medication.

He said the problem began when Belleza's wife went to the Philippines and was unable to commit her husband while she was gone.

"Benny's getting his medication now, and pretty much everybody agrees that as long as he keeps taking his medication and doesn't get behind the wheel of a car, then we'll all be all right," Cox said.