Officer won't be prosecuted in accident

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — Relatives of a woman killed when she was struck by a police car two years ago while walking in a crosswalk on her way to church are criticizing a decision by county Prosecutor Jay Kimura not to pursue criminal charges against the police officer who hit her.

Gabina Makil, 66, of Captain Cook, was hit by on-duty officer Calvin Sasaki at 6:20 p.m. Dec. 2, 2001, on Mamalahoa Highway in Kealakekua. The accident occurred by Central Kona Union Church

Sandy Buenavista, Makil's daughter, said family members believe criminal charges are warranted. She said a witness reported that another car stopped to allow Makil to cross and that Makil was struck as she stepped into the next lane.

"We cannot say anything and we cannot do anything. We feel sad, but cannot help," she said of the decision announced yesterday.

Sasaki, 53, was not responding to an emergency call at the time. After the accident, he was placed on temporary desk duty, but he has since returned to work as a Kona patrol officer. He was unavailable for comment yesterday.

Kimura said his office considered filing a negligent homicide charge, but after reviewing police reports, interviewing witnesses and consulting an expert in collision reconstruction, a decision was made not to bring charges.

Buenavista's husband, Philip, pastor for the Filipino fellowship at Central Kona Union Church, said he also couldn't understand the decision. He questioned whether prosecutors would treat other motorists the same way in similar circumstances.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com or (808) 935-3916.