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The Honolulu Advertiser
Posted on: Friday, October 3, 2008

VICTIMS' FAMILY HOPED TEEN WOULD GET TOUGHER SENTENCE FOR '07 CRASH
Driver gets 2 years in deaths

Photo gallery: Driver gets 2 years

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Tyler Duarte embraces family and friends before being led away by deputy sheriffs after his sentencing. Duarte was 17 and under the influence of drugs and alcohol when his Ford Explorer crashed into a Honda and killed two women in January 2007.

BRUCE ASATO | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

Michelle Benevedes

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Hawaii news photo - The Honolulu Advertiser

Raquel Akau

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A teenager who killed two Waimanalo women in a high-speed collision last year was sentenced to two years in prison and five years of probation.

Tyler N. Duarte, now 19, was under the influence of cocaine, marijuana and alcohol when he drove his family's Ford Explorer 80 to 90 mph along Kalaniana'ole Highway the evening of Jan. 20, 2007. He lost control of the vehicle in Waimanalo and smashed into a small Honda carrying Michelle Benevedes, 39, and Raquel Akau, 38. He then fled the scene.

Benevedes died instantly, but Akau survived briefly, screaming in agony and pleading for help, according to witnesses.

"The screams of Raquel were heard by neighbors and echo today in the minds of family members," Deputy Prosecuting Attorney Sheila Nitta told Circuit Judge Frances Wong in asking for a 10-year prison sentence.

"He killed two vibrant women with large, extended families," Nitta said. "He needs to pay his debt to the families and to society."

"We were looking for a lot stronger sentence," Brian Benevedes, father of Michelle and grandfather of her three children, said outside court. "Two years is not really long enough for two lives."

But he said he and his wife, Yvonne, are concentrating now on raising their daughter's two younger children, ages 12 and 9.

Duarte pleaded guilty in July to two counts of negligent homicide and one count of leaving the scene of an accident.

Duarte was a 17-year-old juvenile at the time of the crash, but Family Court waived jurisdiction in the case so he could be tried as an adult.

Wong cited Duarte's age and lack of any previous criminal record in sentencing him to two years in prison and five years of probation.

Sandra Storm-Conway, sister of Akau and cousin of Benevedes, spoke directly to Duarte in court.

"You fled the scene while my sister screamed terribly," she said.

Speaking for relatives of both women, she called them "kind and generous" women.

"You killed all of us is some way, shape or form," Storm-Conway told Duarte.

The defendant apologized to the court and to the family of his victims.

"From the bottom of my heart, I ask for your forgiveness and I apologize to you and your family members for what I have done," Duarte said.

"I'm sorry. I wish I could trade places with them," he said. "I wish that every day."

He said he and a passenger in his car ran from the scene because they did not know they had struck another car.

Wong said she had doubts about how sorry Duarte really is about what happened.

In the records of the case, Duarte showed "a lack of remorse, which I felt was very apparent," Wong said.

"I heard what you said this morning. I am still concerned," she said.

During his time in prison, Wong told Duarte, he must "come to terms with the horror" of his crimes.

Outside court, relatives of the victims said they didn't believe Duarte's statement that he didn't realize he had injured anyone in the collision, nor did they accept his expressions of remorse.

"I don't think that was heartfelt at all," Yvonne Benevedes said.

Asked if she can forgive Duarte for what he did, she said, "I can't now. Maybe later."

Storm-Conway was upset with Wong's sentence, but said she was relieved because the family had heard rumors the judge might sentence Duarte to probation without prison time.

"I am glad the judge recognized that he still has not taken responsibility," she said.

Leah Marx, executive director of the Hawai'i chapter of Mothers Against Drunk Driving, said yesterday, "In cases like this, it's frustrating for families when the sentence is not as severe as what was done — the taking of a life."

Marx continued: "We hope people can understand that getting behind the wheel while impaired is just not worth the risk."

In addition to the prison and probation sentence, Wong also ordered Duarte to pay more than $6,000 in restitution to the families of Akau and Benevedes.

Duarte has been held about 90 days in pre-trial detention, which will be credited toward his prison sentence.

The families of the victims also have filed a civil suit against Duarte and his parents, which is still pending.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.