Judge to decide fate of Dorsey after conflicting verdicts handed down

Published On: Oct 21 2013 02:31:00 PM HST

A jury has found James Dorsey guilty of third-degree negligent homicide and first-degree negligent injury after falling asleep at the wheel of his truck and killing a Honolulu police officer about two years ago.

The verdict was handed down Monday afternoon.

However, the judge said that one of the verdicts has to go because third-degree negligent homicide is a misdemeanor with no intent and first-degree negligent injury is a felony with intent.

In two weeks, attorneys will have to make their arguments about which verdict should stay and Circuit Court Judge Glenn Kim will make a decision.

Dorsey was driving to his home in Maili from Makiki on Sept. 13, 2011 when he hit and killed officer Eric Fontes near Honokai Hale, where police officers had pulled over another motorist.

Dorsey's defense said their client is not criminally liable for the choices he made on that day.  The prosecution said Dorsey drove the vehicle even though he knew he was tired and even bobbing his head before the crash.

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