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Updated at 2:15 p.m., Tuesday, June 5, 2007

Maui police investigating reckless driving in fatal crash

By BRIAN PERRY
The Maui News

WAILUKU – Before she lost control of her car, smashed into a vehicle in oncoming traffic and survived a crash that chopped her 2003 Mazda into two pieces Sunday, a 23-year-old Lahaina woman was seen driving recklessly in the twisting pali area of Honoapiilani Highway, police said Monday.

The reckless driving report, which remained unconfirmed Monday, was one of several factors police were investigating in connection with the accident that claimed the life of 8-year-old Will Smith of San Antonio, The Maui News reported.

Lt. Bobby Hill, commander of the Maui Police Department's Traffic Section, said other factors being probed included excessive speeding and the possible presence of driver-impairing drugs or alcohol. As is routine in fatal and near-fatal crashes, blood was drawn from both drivers for testing.

The results were pending Monday.

Smith became Maui County's 10th traffic fatality so far this year, compared with six at the same time last year. His mother, 45-year-old Susan Moulton, also of San Antonio, was treated at Maui Memorial Medical Center for injuries and released, as was the Lahaina woman. On Monday, the latter had not been arrested or charged in connection with the accident.

Hill said police were investigating what happened minutes before the accident that closed the highway.

Emergency dispatch operators received an anonymous call about 10 minutes before the 9:19 a.m. accident. The caller reported that someone in a blue car was driving recklessly in the pali area, Hill said. Officers dispatched to the scene could not find the vehicle. Its license plate number had been provided to police by the caller.

Then, minutes later, the emergency call came in about the accident, he said. The collision involved a vehicle with the same general description and the same license number as the car seen being operated recklessly earlier.

Police also were investigating reports that the Lahaina woman had been Lahaina-bound and traveling on the right, mauka shoulder of the road while overtaking a vehicle. Then she reportedly lost control and veered into oncoming traffic, and her vehicle was struck on the passenger's side by the Maalaea-bound car driven by Moulton.

The Lahaina woman's car broke in two, with the front section coming to rest next to a guardrail on the makai side of the highway. The back half flew at least 100 feet from the crash impact and clipped a parked pickup as the back section went over the truck before landing next to a picnic table, according to police and witness accounts.

The speed limit is 55 mph near the accident scene nearly 300 feet on the Lahaina side of Ukumehame Wayside Park, and motorists are allowed to pass safely along that stretch of highway, Hill said.

Police continued interviewing witnesses Monday and had not confirmed that the Lahaina woman had overtaken another vehicle on the highway shoulder, Hill said.

Investigators also planned to review tapes of 911 calls in the minutes leading up to the accident, he said.

Hill said the accident investigation was in its early stages Monday, and it would be premature to say whether police might pursue a negligent homicide charge against the Lahaina woman. However, such a charge was "a possibility" when "somebody's life was lost," he said.

Police were looking at all the facts and circumstances of the accident to determine what, if any, criminal charges would be filed, he said.

Police had not yet determined how fast the vehicles were traveling before the collision, and there was evidence of skid marks on the road, indicating vehicles braking, Hill said.

An autopsy on Smith was conducted Monday, he said.

The accident has prompted some discussion about legislation to improve highway safety, including the idea of prohibiting passing along Honoapiilani Highway.

Capt. Charles Hirata, commander of the Police Department's Lahaina Division, said the idea of banning passing was floated a number of years ago, but it didn't go anywhere.

The state Department of Transportation, which has jurisdiction over Honoapiilani Highway, receives reports of traffic accidents. Officials know dangerous stretches of roadway, and post signs and use double-lined highway striping to show where passing is not allowed, Hirata said.

A state highways safety plan is being drafted, and one of the groups providing input is an Aggressive Driving Task Force, said Hirata, who serves on the panel.

The group is looking at proposing a statute that would define aggressive driving and provide sanctions against it. Aggressive driving could be defined as a combination of factors, such as tailgating and overtaking on a road shoulder, Hirata said.

The group aims to forward a package of proposals to Gov. Linda Lingle for submission to the state Legislature next year, he said. Other task forces are studying alcohol and driving, and bicycles and pedestrians. The groups' efforts are being coordinated by state transportation officials.

"The ultimate goal is to reduce highway deaths and injuries," Hirata said.

State Sen. Roz Baker, whose district includes West and South Maui, said she was alarmed about the accident report, but she didn't know how effective a ban on passing would be for motorists on Honoapiilani Highway.

"People need to be attentive when they're driving and not be in such a hurry," she said. "People need to be careful and cautious on any of our roadways."

For more Maui news, visit The Maui News.