HONOLULU (HawaiiNewsNow) - Tyson Dagley made an emotional plea to try to get a judge to lower his $100,000 bail. The appeal comes as the family of the victim files a civil suit against Dagley and the jet ski company.
Dagley has been held at Oahu Community Correctional Center after his arrest last week for a jet ski accident that killed California Teen Kristin Fonseca. He says he can't afford to post his $100,000 bail.
"When I found out that she did obviously pass, I did pray to the family to be strong. I can also tell you that your honor that I'm not going anywhere. I will stay here."
District Judge Leslie Hayashi declined Dagley's request after Deputy City Prosecutor Michael Sweetman argued that he is a potential flight risk. Dagley is an Australian citizen and prosecutors say there is no extradition agreement between the U.S. and Australia for misdemeanor charges.
"It's a serious offense and a girl's life was taken in this case so the state takes that very seriously," Sweetman said.
Dagley's attorney Walter Rodby argued that bail is usually set at $2,000 for similar cases.
"This whole idea that he is a flight risk because he might go back to Australia is ridiculous because HPD has his passport," Rodby said.
Today's court appearance comes as the family of the victim filed a civil suit against dagley and the tour operator, Aloha Jet Ski, for negligence. Rick Fried, attorney for Kristin Fonseca's parents, said the company didn't provide instructions or warnings about speeding.
"What happened was someone was reckless. They were not paying attention. This incident ... this death should not have occurred."
Aloha Jet Ski did not return calls.
Dagley's next court appearance will be Aug. 23, where he will enter his plea. Until then, he will remain in jail.