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The Honolulu Advertiser
Posted on: Thursday, November 12, 2009

1-year term a 'huge break' for despondent motorist


By Paul Curtis
Garden Island

LIHU'E, Kaua'i — In a 20-minute span a few days before Christmas 2008, a despondent Randy Melendez caused seven consecutive traffic accidents, injuring three people in the eight-mile stretch between Líhu'e and Kapa'a.

At his sentencing last week, Melendez said his wife had left him, his contracting business was floundering, he worried how he was going to make two home mortgage payments, and he was on prescribed medication to ease his hurt.

Those weren't offered as excuses, only as explanations for his behavior last Dec. 21, when he and his Toyota pickup truck were involved in a series of events leading to Melendez being charged with 13 crimes, including five counts of leaving the scene of an accident causing property damage, four counts of reckless driving, one count of leaving the scene of an accident involving injury to another person, two counts of criminal property damage, and a single count of resisting an order to stop.

In a plea agreement, Melendez pleaded guilty to two felonies and six misdemean- ors, with five other charges dropped in exchange for his plea.

Fifth Circuit Judge Kathleen Watanabe sentenced him to a year in prison, five years' probation, 500 hours of community service, and other penalties.

It was an emotional sentencing, as Lillian Lucas, one of those injured by Melendez, addressed both Melendez and the court, saying she forgave Melendez the day after the accident.

Lucas, who said she still suffers from back and stomach pain and has lost a lot of weight since the accident, accepted the Melendez apology and had some advice about how he should go about straightening out his life.

"It wasn't one hit and run. It was seven," Lucas said, adding that it was a "blessing that no one was killed."

"Instead of turning to drugs, turn to God," she said. "He's waiting."

"I do pray," Melendez said.

"Pray harder then," Lucas said.

They shook hands and kissed each other.

"Thank you," Melendez said.

"God bless you," Lucas said.

"The cause of your actions seems to be your drug-induced state," Watanabe said, adding that she appreciated Melendez's apology to the court and Lucas.

The judge also said Melendez has had forgery, burglary and theft convictions, has been on probation and in prison before, and "your irresponsible actions" led to three people being hurt and several vehicles being damaged.

Watanabe said she had authority because of Melendez's multiple felony convictions from the multiple accidents to issue a lengthy prison sentence, and the ability to double each of the 10-year felony terms and each of the one-year misdemeanor penalties.

"I am not going to sentence you to 10 years in prison," but might do so in the future if Melendez is back in her court for failure to comply with terms of his probation, Watanabe said.

State Deputy Public Defender John Calma, representing Melendez, said his client had been doing well on supervised release and is getting treatment and counseling for mental-health and substance-abuse issues.

At the time of the accidents, he was going through some "very depressing situations" with his job and personal life.

"I just don't know what happened that day," Melendez said in court. "I'm sorry. If you could find it in your heart to forgive me, thank you."

Calma asked for probation with no jail time.

Watanabe said Lucas "hit it on the head when she said you were lucky no one died," but couldn't agree with Calma's request.

"Your work was stripped from you, and you suffered loss of family," but it would be "catastrophic" if others in this tough economy and similar situations as Melendez resorted to the same actions, Watanabe said.

"You are being given a huge break by this court," Watanabe said of the short jail time and probation versus the possibility of "extended incarceration."

"This is the first day that you start healing, and this is the first day to start turning your life around. Mr. Melendez, do well on probation. Good luck to you," Watanabe said.