Driver guilty of lesser charge in fatality

By David Waite
Advertiser Staff Writer

The first person brought to trial on O'ahu on a manslaughter charge for allegedly causing a traffic death while driving under the influence of drugs was found guilty yesterday of a lesser charge of first-degree negligent homicide.

Danny Gormon, 38, was charged with the death of Jasey Delos Reyes, 11, of Kalihi, who was thrown from Gormon's car after it overturned on H-2 Freeway near Waipi'o Gentry on Oct. 8, 2000.

A manslaughter conviction carries a maximum sentence of 20 years compared with a 10-year maximum for first-degree negligent homicide.

Gormon was allowed to remain free on bail while awaiting his sentencing, which is set for Feb. 3.

During the jury-waived trial before Circuit Judge Victoria Marks, city Deputy Prosecutor Keith Seto claimed Gormon was traveling south on H-2, weaving in and out of traffic on a wet roadway at between 90 and 100 mph when he lost control of his car.

Gormon had crystal methamphetamine and Valium in his system at the time of the accident, Seto said.

But state Deputy Public Defender Walter Rodby said Gormon was suffering from chronic back pain and made a mistake by smoking the methamphetamine before the accident in an attempt to deal with the pain.

Rodby had argued that Gormon should be found guilty of negligent homicide at most and not manslaughter, which requires showing that a defendant knew of the dangers inherent in their behavior but made a conscious decision to disregard them.

Negligent homicide requires showing that the defendant was unaware of but should have known about the dangerous consequences of his of her actions.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.