Posted on: Thursday, September 30, 2004

Drunken driver who killed boy gets 10-year prison sentence

By Ken Kobayashi
Advertiser Courts Writer

A 31-year-old man was sentenced to a maximum 10-year prison term yesterday for driving while drunk and killing a 7-year-old Nanakuli boy who was crossing Farrington Highway near Kahe Point three years ago.

Circuit Judge Dexter Del Rosario sentenced Earl John Franca on the first-degree negligent homicide charge for the death of Ethan Thomas, who was struck in June 2001.

Franca's lawyer, Frank Fernandez, asked for probation for his client, who has been in an alcohol rehabilitation program. But city Deputy Prosecutor Adrian Dhakhwa said Franca drove 62 mph in a 45 mph zone and had a blood alcohol content of .16, double the legal limit of .08. Dhakhwa also cited the victim's young age.

Franca had earlier pleaded no contest to the charge and had been free on $20,000 bail, but Del Rosario ordered him to immediately start serving his prison term.

The victim's mother, Patricia Thomas, later said the case is a tragedy. "Driving and drinking don't mix, never has and never will," she said.

She said the sentence was fair. "I'll never have my son back and justice was served today and life goes on," she said.

The Hawai'i Paroling Authority will later set the minimum term Franca must serve before he is eligible for release on parole.