Aussie tourist pleads no contest to negligent homicide

RAW: Tyson Dagley Court Appearence
Tyson Dagley in court Thursday morning
Tyson Dagley in court Thursday morning
Kristen Fonseca
Kristen Fonseca

HONOLULU (HawaiiNewsNow) - HONOLULU (HawaiiNewsNow) - Tyson Dagley pleaded no contest Thursday to the charge of negligent homicide in the third degree.

His attorney, Walter Rodby, said the decision to waive a jury trial was made after he and Dagley saw written accounts and video of the jet ski collision in Keehi Lagoon that killed 16-year-old Kristen Fonseca of Vacaville, CA.

"Our review of the police reports and the videos indicates that at the time of the impact he wasn't looking straight ahead," Rodby said.

Fonseca died of a brain injury. The police report said she had slowed down her watercraft just before impact. Dagley, 20, was going full speed and looking at his girlfriend, who was taking pictures of him.

"Are you pleading no contest of your own free will?" Circuit Court Judge Richard Perkins asked him.

"Yes, sir," Dagley answered.

Fonseca's stepfather, Mario Canton, told Hawaii News Now he's relieved.

"I have mixed feelings," he said. "I'm pleased that he pled. At the same time I wanted it to all get out there to show the full ramifications of his actions and his negligence."

Rodby asked for a deferred acceptance of the plea. If it's granted the conviction would be wiped off Dagley's U.S.record if he stays out of trouble for a year.

"That charge is a misdemeanor and it carries a maximum penalty of one year in jail and a $2,000 fine," Perkins reminded Dagley.

Canton said his family wants Dagley to receive the maximum punishment law allows despite emotional pleas they've seen Dagley make in news accounts.

"We don't feel that he's remorseful," Canton said. "We have yet to hear from him or his family."

"You could see the toll today. You can see it on their faces. It's been extremely difficult," Rodby said.

Dagley was ordered to surrender his Australian passport to the court. He assured the judge he will stay in Hawaii until he's sentenced September 5th.

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