Posted on: Thursday, March 31, 2005

Driver gets probation for two fatalities

By Peter Boylan
Advertiser Staff Writer

The driver in a car accident that killed two people in 2003 and severely injured two others was sentenced to five years probation yesterday.

James Rikeo, 29, a native of the Marshall Islands, was also sentenced by state Judge David Lo to a year in jail as part of his probation with credit for time served.

Rikeo was facing a maximum sentence of 30 years after he was convicted of two counts of first-degree negligent homicide and two counts of first-degree negligent injury.

The state had sought the maximum 30 years on all counts to be served consecutively.

"Without question, this was a tremendous tragedy for all sides," said Lo as he handed down Rikeo's sentence. "This court will give the defendant another chance."

City deputy prosecutor Adrian Dhakhwa said he was disappointed with the outcome. "From our position, a sentence of probation clearly is not appropriate," he said.

The decision was met with little reaction from family and friends of both sides who were in attendance from the Marshall Islands.

"We can't bring back my daughter or the other fatality, but it (the sentence) gives us strength to move forward," said Philip Okney, whose daughter, Neislizsha Milne-Okney, was killed in the wreck. "I know my daughter would understand."

Okney said he was satisfied with the sentence. He said he spoke for the families of the other person who died and the two people who were injured. "Both sides were served," said Okney.

When given the chance to address the court and the families, Rikeo, dressed in a short-sleeved, collared surf-shirt and speaking through a translator, said he was sorry for what happened.

"I express my deep apologies to the families affected by this," he said.

Okney told the court that it was the first time Rikeo had ever offered an apology or showed any remorse for his actions. "This is the first time that the family of the defendant or the defendant has ever offered an apology," Okney said.

Milne-Okney, 27, and Clena Kaios, 22, were killed Feb. 15, 2003, and two others hospitalized after Rikeo, 27 at the time, lost control of his vehicle, which slammed into a utility pole in Kalaeloa.

The 2001 Toyota Corolla that Rikeo was driving was speeding on Roosevelt Avenue and passing other vehicles. Rikeo lost control just past Kasaan Bay Street. The car skidded on gravel and smashed into the pole.

One of the two women died when she was ejected from the car. The other was pinned in the vehicle and died at the scene.

Reach Peter Boylan at pboylan@honoluluadvertiser.com or at 535-8110.