A day of fun for tourists riding personal water crafts turned tragic on Sunday. 

An Australian visitor sits in a jail cell, awaiting his fate, while the family of Kristen Fonseca, 16, who died Monday, wants a harsher punishment for the man police say is responsible for her death.

On Thursday morning, Tyson Dagley, 20, appeared in court wearing a neck brace, after police arrested and charged him Thursday night for third-degree negligent homicide.

But in a bizarre twist, his attorney Walter Rodby was not in the courtroom because he was told the hearing was set for later in the afternoon.

"In my 22 years, I've never seen anything like this," said Rodby.  

Dagley's attorney never got a chance to ask the judge to reduce the bail amount.

The stepfather of Fonseca, expressed relief.

"The fact he's been arrested and charged is a huge relief for my family," said Mario Canton. 

According to court documents, just prior to the collision, a witness says, "Dagley was going about as fast as he could go and that he was focused on only on the dock/platform, looking only at his girlfriend (Ryan) who was taking photos of him, and not looking in front of him."

Right now, there is no speed limit in the area of the incident at Keehi Lagoon. 

"He's distraught and remorseful.  He would do anything to fix it if he could," said Rodby.