Big Island Crime/Law Case Updates

A driver under indictment for negligent homicide in a fatal traffic collision two years ago is suing the other driver in the two-vehicle accident, who also was indicted for negligent homicide for the same crash.

The civil lawsuit was filed Jan. 3 in Hilo Circuit Court by attorney Phillip Carey on behalf of plaintiff Justin James Clark. The defendants are Barbara Phillips and unnamed “John Doe” entities.

The suit seeks unspecified monetary damages, claiming Phillips, who was driving toward Kalapana on Highway 130, made an illegal U-turn between Leilani Avenue and Malama Street, causing Clark, then 30, of Pahoa to broadside Phillips’ truck with the 1998 Ford passenger van he was driving toward Pahoa.

According to police, a 7-year-old Pahoa girl and 65-year-old Pahoa woman, both passengers in Clark’s van, were taken to Hilo Medical Center for treatment of their injuries, as was Clark. The girl was later flown in stable condition to Kapiolani Medical Center for Women and Children in Honolulu for further treatment. An adult woman passenger in Phillips’ truck also was taken to HMC, where her condition was described as stable.

Phillips was treated for her injuries at the scene.

Police said they think alcohol and speed were factors in the crash, and Clark was arrested on suspicion of DUI and driving without a license and insurance, but wasn’t charged at the time.

The suit claims Clark suffered a fractured kneecap, plus multiple facial lacerations and abrasions to his “right lower extremity,” injuries to both arms and his head, spine and brain and “post-traumatic stress disorder with flashbacks and other symptoms.” The complaint accused Phillips of “breach of her duty of reasonable care” and described her actions as “fraudulent, reckless, malicious, despicable (and) intentional.”

Carey said Clark “almost went through the windshield.” He added Clark continues to experience “headaches, nightmares and things” because of PTSD.

The attorney declined to state a monetary figure he would consider a fair settlement in the suit.

Clark and Phillips were both indicted Oct. 17 by a Hilo grand jury.

The indictment charges Clark with first-degree negligent homicide for the death of Simmons, alleging he drove “in a negligent manner while under the influence of drugs or alcohol,” plus three counts of first-degree negligent injury. The alleged negligent injury victims are identified in the document as Jessica Simmons, Malama Gedarro and a minor whose initials are “T.J.”

First-degree negligent homicide is a Class B felony punishable by up to 10 years imprisonment upon conviction, while first-degree negligent injury is a Class C felony punishable by up to five years in prison.

Phillips is charged with second-degree negligent homicide, allegedly for driving “in a negligent manner,” and three counts of first-degree negligent injury. All charges against her are Class C felonies, and the alleged victims are the same.

Bench warrants also were issued for the arrests of Clark and Phillips, neither of whom have yet made court appearances in the criminal case.

A man allegedly beaten near the Puako boat ramp last week testified in a South Kohala courtroom that he was assaulted and “left for dead” by two men and a woman.

Aaron Melim, 34, and Ryhan Rickman, 27, both of Hilo, appeared Tuesday in South Kohala District Court for a preliminary hearing on charges stemming from the reported robbery that occurred Jan. 7 in the Puako beach area.

Melim faces charges of robbery, accomplice to unauthorized entry into a vehicle and second-degree assault. Rickman was charged with robbery, accomplice to second-degree robbery, accomplice to second-degree assault and accomplice to unauthorized entry into a vehicle.

The pair were located Jan. 10 in the Papaikou area and charged Jan. 11 after a search warrant on the vehicle they were found in revealed stolen property from the alleged victim.

On Tuesday, Deputy Prosecutor Britt Bailey called the victim in the reported assault as her first witness.

With a visibly swollen right eye, the man walked into the courtroom and took the stand. He began with recounting the evening of Jan. 7.

The victim testified it started when his friend, “Ryhan” (Rickman) contacted him, asking for gas money.

“I met up with her at Puako harbor,” the man testified. “She insisted on relocating. We moved 100 yards to the side of the harbor.”

The man stated Rickman had been following behind him in her vehicle before they arrived at an empty lot. When he got out of his vehicle, the man told the court that two males got out of the backseat of Rickman’s car.

“They approached me and they attacked,” he testified.

The victim testified the men whacked him in the back of his head, adding the whacks were continual as he tried to recover from the hits.

At some point, the man said the individuals at the scene entered his car and started taking his property. He told the court he was being held down by Melim.

Items taken from the victim’s car included a Vans backpack, CD deck, work belt and a cellphone. His car keys were taken out of his hand. The man testified he saw Rickman go into his car and take his backpack.

The man told the court he was taken to North Hawaii Community Hospital, where he learned he suffered a fractured bone above his right eye and a laceration on the head.

When asked by Bailey if any of the individuals at the scene attempted to stop the attack or call police, the man answered “no.”

“It appears they were working together,” he said. “They left me for dead. They beat me up and drove away.”

The preliminary hearing was scheduled to start at 1 p.m. Tuesday. However, the court was behind schedule, forcing the hearing to begin an hour later. At 3 p.m., Family Court Judge Mahilani E.K. Hiatt told counsels it was the court’s position to continue the matter to Jan. 29.

Rickman’s attorney, Don Wilkerson, objected to the two-week continuance, stating it’s his client’s right to have a preliminary hearing within 48 hours of being charged.

Hiatt noted Wilkerson’s objection and stated preliminary hearings have to start within 48 hours, not necessarily finish.

Because of the prolonged continuance, Wilkerson requested that bail be reduced for Rickman to $5,000.

Melim’s counsel, Deputy Public Defender Arthur Indiola, also requested a reduction in bail to $5,000.

Bailey requested the bail be maintained as the charges include Class B felonies.

Email Tiffany DeMasters at tdemasters@westhawaiitoday.com.