A 20-year-old Australian man appeared in District Court in Honolulu Friday after he was arrested and charged with third-degree negligent homicide in connection with a deadly watercraft collision.
Kristen Fonseca, 16, from Vacaville, Calif. died on Monday, a day after her watercraft was hit by another watercraft driven by Dagley at Keehi Lagoon, according to court documents.
Dagley was arrested at the Ala Moana Hotel Thursday night and was being held on $100,000 bail, according to police records. Deputy public defender Audrey Stanley asked Judge Leslie Hayashi that bail be reduced, but the request was denied. The deputy prosecutor made the point that the U.S. does not have an extradition treaty with Australia for misdemeanor offenses.
Court documents say Fonseca was in a group renting watercraft from Aloha Jet Ski with her stepfather, Mario Canton, her sister, Dagley and his girlfriend.
The group was given an operational and safety briefing and were taught how to operate the watercraft, according to the owner of Aloha Jet Ski. They were also told to look forward at all times, stay at least 100 feet from other thrillcraft, move in a clockwise direction and remain within the course area that was marked off by buoys.
The owner of Aloha Jet Ski says he told the group the watercraft does not have brakes -- the rider has to be manipulating the throttle in order to steer it. If the rider's hands are off the throttle, the watercraft will idle.
Court documents say that the area where the watercraft were being operated are exempted from maritime regulations regarding speed and the passing of other vessels.
The owner of Aloha Jet Ski says that Dagley was consistently riding the watercraft at its top speed, which is 42 to 48 mph.
Canton says he saw Dagley standing up on the watercraft on numerous occasions, indicating that Dagley was going fast.
After about 20 to 30 minutes of riding the watercraft, Canton says he pulled up to the floating dock so his daughter could get off the watercraft, leaving only Fonseca and Dagley on the course.