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The Honolulu Advertiser
Posted on: Wednesday, November 19, 2008

Teen's prison sentence for crash deaths raised to 18 months

By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Judge Frances Wong, top left, sentenced Tyler Duarte, above, to 18 months in jail yesterday for the deaths of two women. Prosecutor Sheila Nitta, top right, told Wong that the victims' families are "even more upset" by the latest sentence. Also angry was Duarte's lawyer Don Wilkerson because Wong changed her mind "over and over again."

Photos by BRUCE ASATO | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

BRUCE ASATO | The Honolulu Advertiser Tyler Duarte, in court yesterday as his attorney argued a point to the judge, had drugs and alcohol in his system when he killed Michelle Benevedes and Raquel Akau in a car crash last year.

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In the space of six weeks, teenager Tyler Duarte's prison sentence for killing two women in a car crash last year dropped from two years behind bars to one year and finally back up to 18 months.

Family Court Judge Frances Wong made the latest change yesterday, sentencing the 19-year-old to a year and a half in prison and five years of probation.

Wong first ruled Oct. 2 that Duarte must serve two consecutive one-year prison sentences for the negligent homicide of two Waimanalo women, Michelle Benevedes, 39, and Raquel Akau, 38.

Three weeks later, Wong quietly changed that sentence to a year in prison, noting that under current law, it was illegal to make Duarte serve consecutive prison terms.

After prosecutors pointed out a different section of the criminal code, Wong yesterday changed Duarte's punishment again, ordering him to serve 18 months of incarceration and five years of probation.

She said she was under a "misapprehension" that one year in prison was the maximum sentence available to her and was "grateful for the opportunity" to increase the sentence.

She repeated statements she made at the original sentencing that Duarte deserved "more than one year" of imprisonment.

'EVEN MORE UPSET'

Deputy Prosecuting Attorney Sheila Nitta told Wong that relatives of the victims were upset by the original two-year prison sentence and "are even more upset" by the reduced sentence.

Brian Benevedes, father of Michelle Benevedes, had a heart attack Oct. 2 after the original sentencing and did not want to be in court yesterday, Nitta said.

The prosecutor said that when she spoke with Benevedes, he referred to another criminal case last month in which convicted felon Joseph Calarruda was sentenced to five years in prison for killing a family's pet pig.

"He is very upset that a person who killed a pig got five years," but Duarte only will serve 18 months, Nitta told the judge.

Calarruda was on parole for kidnapping and firearms convictions when he killed the pig. Duarte, who was 17 at the time of the car accident, has no previous criminal record.

Defense lawyer Donald Wilkerson was very irate at Wong's amended sentences, telling her, "You can't change your mind over and over and over again until you get it right."

Wilkerson said he plans to appeal the sentence.

Outside court, Wilkerson said, "This judge doesn't know what she's doing" and called Wong's rulings "outrageous, appalling and disgusting."

Duarte was under the influence of cocaine, marijuana and alcohol when he lost control of his parents' Ford Explorer on Kalaniana'ole Highway the evening of Jan. 20, 2007, and smashed into a Honda carrying Benevedes and Akau.

Prosecutors said Duarte's car was traveling between 80 and 90 mph.

Benevedes was killed immediately, but Akau, screaming in agony and pleading for help, survived briefly, according to witnesses.

Duarte and his passenger ran away but were caught by police.

NO COMMENT AT HEARING

Duarte apologized to the victims' friends and relatives in court last month.

"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," he said.

He said he and his friend fled because they were frightened and did not know that another vehicle had been struck.

Duarte said nothing at yesterday's hearing.

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

The families have also filed a civil suit against Duarte and his parents, seeking an unspecified amount of damages.

Earlier this month, they filed a new suit against the Duartes' insurance carrier, which allegedly has denied liability for any monetary damages above $100,000.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.