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The Honolulu Advertiser

Posted at 3:10 p.m., Monday, July 23, 2007

No sentence reduction in drunken driving case

Advertiser Staff

A 28-year-old man who was given a maximum 10-year prison term last year for driving drunk and killing a man lost a bid this morning to get the sentence reduced.

Dewayne Asuega of Wai'anae was sentenced to the 10-year prison term in the death of Marcus Chong, 36, who was walking along Farrington Highway in Wai'anae when he was struck before dawn Jan. 8, 2005.

Asuega was sentenced on a charge of first-degree negligent homicide by Circuit Judge Virginia Crandall.

The Hawai'i Paroling Authority has determined that Asuega must serve at least eight years before he is eligible for parole.

Asuega's lawyer, David Hayakawa, asked for a new sentence that would place Asuega on probation and a jail term of up to 18 months. Asuega has already spent more than a year in prison.

Asuega was remorseful and said he will live with the death the rest of his life, Hayakawa said. Several of Chong's relatives opposed the resentencing.

Crandall denied the defense request.

An incident outside the courtroom involving angry remarks by a young member of Asuega's family drew deputy sheriffs.

Hayakawa, who did not see the incident, said he heard that the relative was upset, but the rest of the family calmed him down.

No arrests were made.