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The Honolulu Advertiser
Updated at 12:49 p.m., Tuesday, July 22, 2008

Maui woman gets house arrest in drunk-driving fatality case

By Lila Fujimoto
Maui News Staff Writer

WAILUKU — A Haiku woman was ordered to talk to high school students about the dangers of drinking and driving, as she was sentenced Friday for a crash that killed another driver three years ago, The Maui News reported.

Kristen Uilani Davis, 22, also was sentenced to three years of house arrest as part of five years' probation, and ordered to pay $9,532 in restitution.

She had pleaded no contest to first-degree negligent homicide for the Aug. 23, 2005, head-on collision on Honoapiilani Highway that killed 41-year-old Wailuku resident Richard Griffith.

"I'd like to apologize to the Griffith family," Davis said in court. "I can never take back that night, and I'll never forgive myself."

Since then, Davis — who was critically injured in the crash — has attended Alcoholics Anonymous meetings and taken the initiative to go to schools and canoe clubs to speak about drinking and driving, said defense attorney Philip Lowenthal.

"I will continue doing what I'm doing to make a difference in the community and society," she said. "I hope that's what my family and the Griffith family would want."

The crash occurred after 11 p.m. near Ukumehame as Griffith, a security guard, was driving a 1999 Ford sedan toward Lahaina. Davis, who was 19 years old at the time, was driving a 2002 Nissan Sentra and traveling in the Maalaea direction.

Davis' car crossed the centerline on a straight portion of the highway, colliding with Griffith, who had driven to the right to try to avoid the crash, said Deputy Prosecutor Mark Simonds.

He said police later interviewed a young woman who had gone to Lahaina with Davis in the hours before the crash. The two stopped at Olowalu and smoked marijuana before continuing on to the home of Davis' boyfriend, Simonds said. After the boyfriend wouldn't open his door for Davis, she became upset and the two women went to Kaanapali Beach, where they drank alcohol, Simonds said.

He said the other woman reported leaving Davis in a hotel underground parking lot with a male she met. When the woman didn't hear from Davis, she said, she began calling Davis' cellular telephone, getting no answer at first. When Davis finally did answer, she sounded intoxicated and said she was almost at the pali, the woman told police.

Davis was supposed to turn around to pick up her friend but the collision occurred, Simonds said.

He said Davis' blood-alcohol level was measured at 0.168 percent, more than twice the legal limit of 0.08 percent.

Griffith's widow, Merlina, sat through the hearing Friday with their three children, ages 9, 10 and 11.

"My husband was a good man, good husband, good father," Merlina Griffith said. "We had so many plans. Now my kids are affected. Their dad is gone forever."

While Simonds said jail was warranted, Lowenthal said, "There are some extraordinary circumstances in this case."

He said Davis suffered a traumatic brain injury that her doctor reported could put her at risk of being injured if she were incarcerated. Lowenthal said Davis was frail, both physically and mentally, and suffers from post-traumatic stress.

In sentencing Davis, Bissen said he considered the doctor's opinion, as well as her youth, her remorse and her efforts to try to prevent other young people from drinking and driving.

"The combination of alcohol and drugs with the death of another person on the highway is clearly not tolerated and is deserving of punishment," Bissen said. "The question becomes: Has there been adequate punishment, and what more can the court do to impress upon this person the need to follow the law."

Bissen ordered the house arrest, except for visits to doctors, her probation officer or other locations approved by her probation officer. While Davis had spoken to classes at Baldwin High School and Clearview Christian Girls School, Bissen required her to speak at least twice to the student body at all Maui County high schools, including ones on Lanai and Molokai.

"Clearly, this defendant has learned at an early age, at the highest price imaginable — the price of life," Bissen said.

Lila Fujimoto can be reached at lfujimoto@mauinews.com. Additional Maui News stories are posted online at www.mauinews.com