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Posted at 11:41 a.m., Friday, August 31, 2007

Maui man convicted in hit-run that seriously hurt child

By LILA FUJIMOTO
Maui News

WAILUKU, Maui – A Pukalani man was found guilty of leaving the scene of a crash and other charges for a hit-and-run collision that injured a Kihei boy last year.

The verdicts convicting William L. Davis, 54, were announced Thursday by 2nd Circuit Judge Joseph Cardoza, who presided over a nonjury trial in July.

"In the court's view, the identification of the operator of the vehicle is clear," Cardoza said.

He found Davis guilty of felony charges of leaving the scene of a crash involving serious bodily injury and first-degree negligent injury, as well as reckless driving. Davis had earlier pleaded no contest to driving under the influence of alcohol in connection with his arrest on Feb. 25, 2006.

At about 3:20 p.m. that day, 9-year-old Branden Hatcher was knocked off his push scooter as he rode in his neighborhood on East Waipuilani Road in Kihei. The youth was thrown onto the shoulder of the road after being hit by a truck that swerved across the center of the road, according to witness Luc LaBrosse, who was driving nearby.

After seeing the boy hit, LaBrosse described seeing the truck reverse and continue on to Piilani Highway.

"Branden was screaming, crying. Paramedics were called," Deputy Prosecutor Angela Correa said during closing arguments in Davis' nonjury trial in July. "The defendant didn't stop. He reversed his truck after pausing and reversed around the other car and continued on down the road."

Several minutes later on Piilani Highway, she said driver Spencer Shiraishi saw a Kahului-bound truck weaving and crossing into the oncoming lane, nearly hitting oncoming cars twice.

While neither witness identified Davis as the driver, Correa said both gave the license plate number of his Ford truck, which was stopped at 3:40 p.m. as it was preparing to turn right from Hansen Road onto Hana Highway.

Davis told a police officer that he had two beers after golfing with friends in Kihei and couldn't remember hitting anyone with his truck. His blood-alcohol level was measured at 0.256 percent, more than three times the legal limit of 0.08 percent, Correa said.

During Davis' trial, defense attorney Philip Lowenthal questioned whether the prosecution had proved that Davis was the driver. The driver was described as dark-skinned, Lowenthal said.

He also questioned whether the boy's injuries constituted serious bodily injury.

"This is a sad case. We never want to see any kids get hurt," Lowenthal said. "But at the same time, we can't blow it up more than it is."

But Correa argued that Branden's injuries, including two skull fractures, air on his brain and blood in his sinus area, did amount to a substantial risk of death.

Branden's parents, Timothy Caskey and Contessa Faubion, were in court Wednesday as the judge announced the verdicts in Davis' case.

"We're relieved that he was found guilty on all charges," Caskey said. "We're pleased with the court's decision."

He said Branden is now 11 years old and a 6th-grader at Lokelani Intermediate School.

While his parents still worry, "he's doing just fine, pretty much like it never happened," Caskey said. "He's made a full recovery."

Davis, owner of West Maui Landscaping, is scheduled to be sentenced Oct. 30.

For more stories about Maui, read The Maui News.