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The Honolulu Advertiser
Posted on: Saturday, September 12, 2009

5-year sentence handed down in Maui DUI fatality


By MELISSA TANJI
The Maui News

WAILUKU, Maui - A 29-year-old Big Island man was sentenced Friday to five years in prison for the traffic death of a 26-year-old Kihei man in Lahaina three years ago.

Second Circuit Judge Richard Bissen handed down the prison term to Blayne Y. Obasa, who sobbed when the sentence was read to him. Obasa also was ordered to pay $7,321 in restitution.

Obasa, who was not in custody, was sent immediately to prison and could be heard telling loved ones that he wanted to go home.

Obasa pleaded no contest to a reduced charge of second-degree negligent homicide in the death of 26-year-old Michael Arcangel on Oct. 10, 2006. According to court testimony, Obasa had been speeding and had a blood-alcohol level of around 0.085, just above the legal limit of 0.08. Obasa had collided with Arcangel, who was crossing Lahainaluna Road on foot around 1:11 a.m.

Bissen said "nothing seems to work" to get people to not drink and drive.

The risk of arrest, roadblocks, license suspension, jail, prison and even of hurting or killing someone doesn't stop people from getting behind the wheel when drunk, the judge said.

Although Deputy Public Defender Wendy Hudson argued the crash that took Arcangel's life stemmed from a combination of several factors, Bissen said Obasa had control of two key factors - speed and sobriety.

Bissen said Obasa doesn't have a bad criminal record and seems to be a "decent young man," sincerely apologetic about the incident. But the judge said Obasa already had received a break in having his initial charge reduced.

During sentencing, Obasa turned to Arcangel's family members, who were in the courtroom, apologized and asked for forgiveness. He also thanked them for their support.

He said repeatedly that he was scared.

Arcangel's mother, Michaeline, said she holds no animosity toward Obasa and thanked him for not taking the case to trial.

Michaeline Arcangel spoke at length about fond memories of her son, who was deaf from a bout of meningitis when he was an infant and nearly died.

"But his deafness never stopped him," she said. The mother said her son was an avid athlete, who was an inspiration to all with his "aloha" spirit.

She said he was always smiling, laughing, joking and was very loving.

If Michael were alive, he would be the first to forgive, she said.

Michaeline Arcangel also said she didn't get to kiss her son good-bye because a breathing tube could not be removed from his mouth when he was on a gurney at the hospital.

Deputy Prosecutor Mark Simonds asked for the five-year prison sentence. On the night of the incident, Obasa was over the legal alcohol limit and had been driving 48 mph in a 20 mph zone on Lahainaluna Road, he said.

Obasa had said that a street sweeper's light had blinded him and instead of slowing down he sped up and struck Arcangel, Simonds said.

The prosecutor said Arcangel had been staying at a friend's house that night because the weather was bad and his friend didn't want him to drive back to Kihei with his moped.

Simonds said Arcangel, who was prone to insomnia, was out walking at 1:11 a.m. when he was hit by Obasa. He acknowledged that Arcangel had marijuana in his system and may have been self-medicating.

Simonds said it was Obasa who made the "terrible choices" that night when he drank at Kimo's and then at the (now closed) E&O Trading Co. before the incident.

Also recently, Obasa was convicted Feb. 11 of abuse of a family or household member and was given a two-year probation term, the prosecutor said. But while on probation Obasa had tested positive for crystal methamphetamine.

Hudson said Obasa has compassion for Arcangel's family.

"I know Mr. Obasa is particularly very sorry. I know he is very, very sorry," she said.

She said Obasa is from the Big Island, where he currently resides, but was on Maui at the time of the accident for only a week and a half and hadn't known the roads well.

While Hudson said she was not blaming the victim, she said the victim wasn't in a crosswalk, was wearing dark clothing, might not have heard Obasa and also had marijuana in his system.

Hudson said probation and jail time would be sufficient, saying that prison would not give Obasa the rehabilitation he needs.