Photo by Tiffany Edwards Hunt. All rights reserved. Use with permission only.
I can’t objectively write this story. I’ll try, but the fact is I’m quite partial to Ted Braxton, who wrote for the University of Hawaii Hilo newspaper that I advise.
The 41-year-old drunk driver who killed Ted was sentenced to 10 years of imprisonment today, as part of a deal with the Prosecuting Attorney’s Office to plead no contest to first-degree negligent homicide and leaving the scene of an accident that causes death or serious injury.
Prior to the sentencing hearing, Keolaokalani Kailianu waited outside the Third Circuit Courtroom with a couple dozen friends and family members. Deputy Prosecutor Mitch Roth had the family waiting in a private room. A lot of Kailianu’s family members wore blue or white tee shirts with the words, “Richardson’s crew.” A woman wearing such a tee shirt said they were for family and friends “who hang at the beach,” but declined to make a statement.
Kailianu conferred outside the courtroom with his attorney, deputy public defender Michael Ebesugawa — he has been out on bond since his change-of-plea hearing before the holiday season. Upon being asked to make a statement to the Big Island Chronicle, he declined, saying, “I can’t.” He also didn’t make a statement when the judge asked him during the sentencing. Family and friends of Ted’s believe his silence may be due to the civil case the family has initiated.
Gregory Lui-Kwan of Honolulu’s Cronin, Fried, Sekiya, Kekina & Fairbanks has been retained, and he was among about 18 people who sat together while Kailianu’s friends and family sat on the other side on the other side of the courtroom.
Prior to the judge entering the courtroom, Ted’s grandmother Lara Braxton stood visibly upset, trying to explain her tears at that point. ”It’s the end, the room is so cold, this is so cold. Ted was such a warm person.”
Ted’s father Don Braxton was the only family member to address Judge Glenn Hara during the sentencing.
He described how his son was “senselessly killed” on a street corner in Hilo over six month ago — in a”meaningless death,” Ted’s aspirations and hopes were “snuffed out.”
“With Ted’s hopes, many of his friends and family’s hopes died as well,” Don Braxton said.
He noted Ted was a middle child who was “artistically gifted” and aspired to teach music to children.
“His mother has cried daily, weekly as if something attached to her has died,” Don Braxton said, before describing how he lives with “guilt” that he as a father couldn’t protect Ted from dying.
“Sarah and I have been robbed of 22 years of love and care, nurturance and education,” he said, noting how the couple “put everything into our children” with the “hope that above all they’ll be happy and safe.”
“Not only have we lost Ted, but the fantasies of what Ted would do with his life,” Don Braxton said. “Sarah and I often burn with anger for him. Once the anger is spent, we are left with emptiness.”
Don Braxton said there isn’t a number of years in prison that can offset the loss of a child.
“No number is just,” he said, noting a 22-year-old’s life was taken by a man twice his age.
Don said he wants Kailianu to realize what he has taken as a result of his own “negligence.”
Kailianu's attorney Michael Ebesugawa surrounded by Kailianu's friends and family
Kailianu chose to not make a statement. His public defender, Michael Ebesugawa, spoke for him. He noted that there was nothing he could say “to lessen the loss and anger.”
He said Kailianu will be 42 years old in a few days. He was born in Hilo, grew up here, graduated from high school and attended BYU on Oahu for a couple years. He is not married. Before he struck and killed Ted, he was “fully employed” and had “no prior record.”
“This affected two lives,” Ebesugawa said, noting “in the days, weeks and months since the accident,” Kailianu has been concerned for the family and those who loved and have grieved for Ted. Kailianu has experienced his own “overwhelming grief.” Ebesugawa said Kailianu has read each one of the letters submitted by Ted’s friends and family (44 pages of letters in the pre-sentence investigation report) and has been overcome with emotion reading them. As Ebesugawa spoke, Kailianu bowed his head and cried.
Ebesugawa said there is one section of the PSI that Kailianu takes exception with, and that is page 3, where the PSI writer states Kailianu “fled” the scene of the crash at Kinoole and Hualalai Streets. Kailianu maintains he didn’t realize he had been in a crash, that he would have stopped had he known.
Kailianu was in an armored van assigned to him by his employer, CR Dispatch Services, when he fatally struck Ted on his moped at that intersection last May.
Ebesugawa said Kailianu is willing to meet with Ted’s family, knowing that they have made that request, but Ebesugawa suggested that it be at a different time than the sentencing.
Deputy Prosecutor Roth referred to Kailianu’s statement in the PSI that he thought he had 12 beers prior to the crash. Roth countered, based on Kailianu’s weight — for someone between 260 and 285 pounds — in order to reach the blood alcohol content of .282, which is what Kailianu’s was after the crash that killed Ted, he must have had 20 to 24 beers.
Roth recalled the series of “bad decisions” — on Kailianu’s part to drive drunk, on the owner of the vehicle’s part to allow Kailianu to take the vehicle home, and on the part of staff from Stephanie’s Bar and Grill where Kailianu drank that night to continue to serve him and to let him leave the establishment after serving him so much.
Roth referred to the listing of 24 arrests in today’s newspaper. Eight of them are for drinking and driving. He spoke of this state’s high rate of traffic related fatalities with alcohol involved.
Judge Hara, in speaking to Kailianu, described how “this case is a tragedy for you and for the Braxtons.” Hara expressed empathy for Ted’s parents, noting that as parents, you expect your children will outlive you.
“For you it is tragic, I sincerely believe you didn’t intend this,” Hara said, before noting that in the PSI the “probability” of something like this happening was high based on the fact that Kailianu 1. drank 2. chose to drive. Hara referred to the .28 BAC and how that is “severely impaired,” and how that affected his “perception” not only in the course of driving, but also in thinking he could actually drive. He said the 10-year sentence was “appropriate,” although it doesn’t match the loss of Ted.
Hara remanded Kailianu to the custody of a Public Safety sheriff’s deputy and, as a visibly upset Kailianu was taken out a side door, he turned back to look at the several rows of family members and wave at them.
After the sentencing, Kailianu’s friends and family circled around Ebesugawa who spoke quietly to them. Ebesugawa spoke of the need for “healing” at this point.
Ted’s friends and family, meanwhile, met with Roth outside the front door of the Office of the Prosecuting Attorney, reflecting on the sentencing, including the fact that Kailianu did not make a statement. Some of his family members later went with Roth in a county vehicle to see the scene of the crash and where Kailianu had been drinking before the crash occurred, which is less than a block away at the bowling alley.
Deputy prosecutor Mitch Roth with Ted's friends and family outside the Prosecuting Attorney's Office.
January 18th, 2012 at 6:46 am
This is a sad day for the Braxtons and for the Kailianu family. Please if you drink or are otherwise impaired DO NOT DRIVE. By getting a sober driver or drinking at home you may save a life and save yourself problems that will haunt you forever.
Deepest sympathy to Teds family
January 18th, 2012 at 9:41 am
shud have givn him life in prison life for life what a dumb ass drunk fool hope he has nightmares while gettn fat in prison haaaa
January 18th, 2012 at 9:55 am
Thanks Tiffany,
A hard report to write and a hard one to read.
Ted will be missed greatly and nothing in court will change that.
Aloha
January 18th, 2012 at 10:47 am
Sorry, I had to do some editing on this piece this morning, correcting grammatical errors and adding photos I did not have time to upload last night. It’s challenging having one set of eyes and a finite amount of energy. Mahalo for your indulgence.
I want to express my deepest sympathy to the Braxton ohana. I did not have the benefit of a tape recorder to capture every word from Don Braxton, but I will say that I fought back sobbing through that court proceeding. I can only imagine what it must be like to face your child’s killer in court. Everyone remain very composed, yet the friction and sadness was so evident. If only the entire room could have held hands and breathed together or something.
Hopefully Ted’s loss won’t be in vain.
He was such a bright shining star.
January 18th, 2012 at 1:32 pm
Ted keeps coming into dreams of mine and tells me to reach for my dreams. Hes been rooting for me in my corner, reminding me to behold my own beauty. My dialog with Ted continues and I want to live my dreams because his were stripped away.
January 18th, 2012 at 2:47 pm
Tiff, thanks for this in-depth and very, very human report on the day’s events, which we would not have access to without your reporting! Mahalo!
January 18th, 2012 at 5:17 pm
Nothing can explain nor justify this inexcusable loss of life.
Except that this is what SOCIETY as a whole accepts, condones, tolerates and allows.
January 18th, 2012 at 5:51 pm
I feel for Don, Sarah, Sam and Grace… I hope this helps bring closure….
January 19th, 2012 at 9:04 pm
No Consequences No lessons learned. I had buddy Umberto in High School who killed 9 people drunk playing chicken. He got a couple years on a ten year sentence. 9 years later he killed others drunk driving. In Virginia I was caught in 1980 drinking and driving. One warning and jail without record. Then the Judge and Sheriff explain jail is where you will live the rest of you life, or the best part of it, if they see you drunken ass again. Guess what I got sober ASAP. Our whole criminal system warehouses convicts instead of educating and preparing them to pay society back. You kill with drugs or a gun you’ll still be alive. You screw up your taxes and you’ll get more time.
Hell kill you son or lose Peter Boy and no one gives a crap. How about letting citizens keep their second Amendment rights w/o emminent threat as some have gotten it in Hawaii. No non high school grad should leave jail or prison w/o a GED. Yes your forcing them to be viable in the work place. I know I went far a field. Hey but crime should have consequences and responsible citizens should get the choices and protection afforded by the Constitution.
January 22nd, 2012 at 5:55 pm
Thank you for this coverage Tiff.
Man, the Braxton’s are incredible people. Holding that composure and space. It’s surreal, and I can’t even imagine what their lives have felt like since Ted’s death. They are incredible role models and very brave souls. I’m honored I was able to speak with a few of them. They are amazing beings.