Posted on: Friday, May 13, 2005

Driver to serve time for dumping sewage

By Christie Wilson
Advertiser Neighbor Island Editor

A Big Island septic-tank truck driver has been sentenced to six months in jail and a $5,000 fine for dumping sewage in the Hilo Forest Reserve.

David W. Kerwin of Kailua was caught when his truck became stuck in a lava field and he was spotted by conservation officers from the Department of Land and Natural Resources, said Christopher Young, supervising deputy attorney general.

Kerwin admitted discharging human waste from his truck in the forest reserve, according to the state Department of the Attorney General. He was indicted in November and pleaded guilty to a felony charge of knowingly allowing or causing the discharge of wastewater onto the ground.

On Wednesday, Kona Circuit Judge Ronald Ibarra sentenced Kerwin to the fine and a one-year jail term, with six months suspended. Ibarra is allowing Kerwin to serve the time intermittently over a three-year period, and granted the man's request for a deferred acceptance of his plea, which means the crime will be erased from Kerwin's record if he successfully completes his sentence.

Young said Kerwin's employer was not charged in the case because the driver told authorities he was acting on his own.

The case was brought by the attorney general's Environmental Crimes Unit, established last year in partnership with the Department of Health and the U.S. Environmental Protection Agency. The public may report suspected environmental crimes to (808) 586-1240.

Reach Christie Wilson at cwilson@honoluluadvertiser.com or (808) 244-4880.