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Posted at 7:57 p.m., Thursday, October 18, 2007

Maui man gets probation, widow's forgiveness in crash

By Lila Fujimoto
The Maui News

WAILUKU – With the victim's widow offering her forgiveness, a Kahului man was placed on five years' probation Tuesday for a crash that killed a motorcyclist three years ago.

Alexander James Kalanikau Jr., 69, also was ordered to perform 400 hours of community service.

"This is a very tragic but unique situation," 2nd Circuit Judge Joseph Cardoza said as he imposed the sentence, following a plea agreement between the prosecution and defense.

Unlike some other defendants in cases involving traffic deaths, attorneys said Kalanikau hadn't consumed alcohol or drugs before the collision that occurred at about 11 a.m. Nov. 29, 2004.

Kalanikau, who didn't have a driver's license, turned his Ford F-150 pickup truck left from Pulehu Road onto Hana Highway. While crossing the Paia-bound lanes of the highway, the truck collided with motorcyclist Gary Begley, who was heading in the Paia direction, police said. The 54-year-old Pukalani resident was transported by ambulance to Maui Memorial Medical Center, where he later died.

"It's a very sad situation involving tremendous loss," Cardoza said.

Kalanikau had pleaded no contest to second-degree negligent homicide.

Since the fatal crash, Kalanikau has experienced "overwhelming remorse and guilt," said Deputy Public Defender Jon Apo.

"There are some fates worse than punishment by the justice system," Apo said. "Mr. Kalanikau experiences this every day."

Cathy Begley, whose husband was killed in the crash, addressed Kalanikau in court Tuesday, saying she couldn't imagine what he had experienced since the collision.

"I do trust that it was an accident," she said. "I have to also forgive you for the mistake you made because it could be me too."

Deputy Prosecutor Melinda Mendes said she spoke with Kalanikau, with his attorney present, before the state entered into the plea agreement.

"I do believe in this case, he's genuine," she said. "There was no alcohol or drugs on the part of the defendant. Unfortunately, I do believe his conduct was clearly negligent."

Kalanikau was ordered to pay $3,718 in restitution for the victim's medical, funeral and burial expenses.

He also was ordered not to operate a motor vehicle unless he has a driver's license and insurance.

Lila Fujimoto can be reached at lfujimoto@mauinews.com.

For more Maui news, visit The Maui News.