The young Australian woman whose video captured the fatal moments of a watercraft crash involving her boyfriend -- video she tried to delete -- did not appear in court for her arraignment at District Court on Friday.
Instead Natasha Ryan's lawyer requested a two-month continuance so his client could make her plea by mail.
In the video, Tyson Dagley, 20, is seen standing on the speeding watercraft that in mere seconds, went terribly wrong.
Sixteen-year-old Kristen Fonseca of Vacaville, Calif. was killed in the collision.
Dagley was charged with third-degree negligent homicide. Ryan, 18, tried to delete the video from her camera.
"Tyson was still at Queens hospital. Tyson’s parents were on their way to Hawaii. Natasha was here alone, and I can tell you, she wasn’t thinking straight, and in some ways, she thought that would be a good thing to do for Tyson," said Ryan’s attorney, Walter Rodby.
But a forensic computer examiner was able to recover the video from Ryan's camera and she was charged with hindering prosecution.
Ryan has been free after posting $500 bail. Ryan and Dagley were on vacation in Hawaii at the time of the accident on Aug. 5.
On Sept. 5, Dagley was sentenced to probation and ordered to pay restitution. Ryan did not appear in court for her arraignment and plea, but her attorney did.
Ryan's attorney said his client plans to file a plea of guilty or no contest and is able to do that through court forms presented to the judge.
"She wants to resolve this as quickly as she can. On the other hand, she really wants to keep her privacy," said Rodby.
Rodby wouldn't say if Ryan and Dagley are still in Hawaii, but said his client has never been in trouble before and she had hoped to return to her home in Queensland, Australia, where she works as a dental hygienist.
"She wants to take care of this. She wants to resolve this, and she wants to put this behind her," said Rodby.
Hindering prosecution is a misdemeanor with a maximum penalty of one year in jail and $2,000 fine.
The next court appearance is scheduled for Nov. 5.
A judge could order Ryan to appear for the hearing, but it's unlikely that will happen because Hawaii does not have an extradition agreement with Australia.