Judge dismisses one jury verdict against sleeping driver

HONOLULU (HawaiiNewsNow) - Circuit Court Judge Glenn Kim today dismissed a felony negligent injury verdict against James Dorsey, but upheld a misdemeanor negligent homicide verdict for the 2011 death of HPD officer Eric Fontes.

Police said Dorsey, 22, fell asleep at the wheel before his truck veered into a police traffic stop on Farrington Highway.

He slammed into Fontes. The 45-year-old died of his injuries.

"Both verdicts simply cannot stand," Kim said.

The negligent injury verdict was for injuries suffered by officer Herman Scanlan.

"It's a tragedy that officer Scanlan's injuries were not validated," deputy prosecutor Kristine Yoo said.

"We're hoping this brings closure and people can move forward. I know everybody involved in this is greatly affected," deputy public defender Carmel Kwock said.

Dorsey faces up to a year in prison for the negligent injury count when he is sentenced in January.

Watch the story tonight on Hawaii News Now.

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