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The Honolulu Advertiser
Posted on: Wednesday, July 16, 2008

Teen admits guilt in crash

By Jim Dooley
Advertiser Staff Writer

Witnesses said 17-year-old Tyler Duarte's Ford sport utility vehicle was traveling between 80 mph and 90 mph when it smashed into Michelle Benevedes' Honda last year in Waimanalo.

Benevedes, 39, a mother of three, was killed. Her cousin, Racquel Akau, 38, a passenger in Benevedes' car and a mother of two, also died at the scene.

Duarte, now 18, pleaded guilty yesterday to two counts of negligent homicide and a third charge of fleeing the scene of an accident.

Although Duarte was a juvenile at the time of the collision, Family Court waived jurisdiction in the case, and Duarte was tried as an adult.

He faces as much as 30 years in prison when he is sentenced Oct. 2.

"I think (Duarte) did the right thing," Brian Benevedes, father of Michelle Benevedes, said yesterday. "He accepted responsibility. He saved a lot of people a lot of anguish by not going to trial."

Benevedes said, "I don't have any feelings left (about Duarte.) He left my wife and I in a tough situation. We're raising our two younger grandchildren (a girl, 12, and a boy, 9) because they don't have their mother anymore."

Michelle and Racquel "were like sisters," Benevedes said.

"They had their ups and downs, but they were very close," he said.

Deputy Prosecuting Attorney Sheila Nitta declined to say what penalty she will seek for Duarte, although she acknowledged it is unlikely the teenager will receive the maximum 30-year sentence.

Nitta said Duarte has been in custody since May 27 when Family Court Judge Frances Wong ruled that he be tried as an adult. He is being held in lieu of $30,000 bail.

"A mandatory blood draw taken after the accident showed the presence of alcohol, cocaine and marijuana" in Duarte's system, Nitta said.

Duarte and a teenage passenger in the SUV ran from the scene after the accident, but police quickly caught the driver, she said.

Benevedes' car was stopped at the intersection of Inoa'ole Street and Kalaniana'ole Highway when Duarte arrived, driving in the kokohead direction. The crash occurred Jan. 20, 2007.

The parents of both women have filed a civil lawsuit against Duarte and his parents, seeking unspecified damages on behalf the children of the victims.

Duarte has so far refused to answer questions in the civil case, citing his 5th Amendment rights against self-incrimination.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.