Posted on: Friday, June 21, 2002

Man guilty in Kona DUI death

By Hugh Clark
Advertiser Big Island Bureau

KEALAKEHE, Hawai'i — Relatives of a California woman killed Feb. 23 in Kona by a drunken driver said they are satisfied with yesterday's manslaughter verdict in the case.

In the aftermath of the crash that killed Jane O'Brien, 58, as she stood on the road outside historic Hale Halawai O Holualoa Church, her family members and friends had publicly criticized the local judicial system after a judge allowed defendant Stephen St. Clair to go free pending his trial, even though he had a conviction in Canada for a drunken driving accident in 1998.

O'Brien's sister, Linda Cramer of Virginia, said yesterday the family's initial anger has been eased by the guilty verdict and the relatively quick scheduling of the trial, as well as the conduct of Deputy Prosecutor Linda Walton and 3rd Circuit Judge Ronald Ibarra, who presided over the five-day trial.

Cramer was standing next to her sister when St. Clair's van crushed O'Brien against a rock wall on Ali'i Drive. St. Clair, 40, admitted in testimony Wednesday that before he had gotten into the van and pulled out of nearby Holualoa Beach Park, he consumed two 24-ounce bottles of beer and most of a 12-pack while sitting at a picnic table at the park.

His blood-alcohol content was measured at 0.21 percent, well above the legal standard of 0.08 percent.

Defense attorney Michael McPherson argued unsuccessfully for a lesser charge of first-degree negligent homicide, saying St. Clair's behavior did not rise to the level of recklessness required for a manslaughter conviction.

St. Clair, who moved to Canada after the crash, will be sentenced Aug. 5. He is facing a possible 20-year prison term, plus additional time for drunken driving, reckless endangering and failure to have no-fault insurance.

"I am pleased that the justice system worked," said Dan Botkin, a University of California-Santa Barbara biology professor who lived with O'Brien.

Botkin and Cramer said they are not planning on attending the sentencing but do want to be present when St. Clair goes before the Hawai'i Paroling Authority for determination of a minimum term. At that time, they will request a lengthy period before he is eligible for parole.

While awaiting sentencing, St. Clair will remain in jail unless he can post $20,000 bail.