By Lisa Kubota
The Hawaii Channel
Posted: Sep 04, 2012 8:47 PM HST Updated: Sep 05, 2012 4:28 AM HST
HONOLULU (HawaiiNewsNow) - A California mother is about to face the Australian tourist who slammed into her daughter's jet ski last month in Keehi Lagoon, killing the teenager.
Tyson Dagley, 20, will be sentenced for negligent homicide on Wednesday as Kristen Fonseca's family struggles to move on.
"I cry in the morning. I cry before I go to sleep. I cry randomly during the day," said Fonseca's mother, Evangeline Canton.
Canton's heart is aching. Fonseca, 16, was riding a rented jet ski last month during a family vacation. The young visitor from Vacaville, Calif. had slowed down her Yamaha WaveRunner, but behind her, Dagley wasn't looking ahead.
"I'm looking for justice. I'm not trying to make this guy suffer, but I need for him to understand that there's a consequence to every decision we make," explained Canton.
Fonseca died a day after the collision of a brain injury. Her grieving mother said she had forgiven Dagley for causing her family so much pain.
"Because that's the kind of daughter my daughter was, a very forgiving child and so I know that's something she would want me to do," said a tearful Canton.
The police report indicates Dagley was going fast and looking at his girlfriend who was taking video and photos. He pleaded no contest to third-degree negligent homicide. The maximum penalty is one year in jail and a $2,000 fine.
"The comments he made of, 'I wish it was me and not her,' however pleading no contest, says otherwise. If he really felt true remorse, he would have pled guilty," Canton said.
Fonseca dreamed of becoming a nurse one day. Now her devastated family is left with mere memories.
"It's kind of a roller coaster. We kind of go up and down," said Fonseca's stepfather, Mario Canton.
"I decorated a little journal or whatever and so I just write in it whenever I get a chance and let her know what's going on, what's happened," said Fonseca's sister, Monique Sanchez.
"I can no longer look forward to her graduation," Evangeline Canton said.
Dagley's attorney requested a deferred acceptance of the plea, meaning the conviction would be erased from Dagley's U.S. record if he steers clear of trouble for a year.
Dagley's girlfriend is due in court on Friday to face a charge of hindering prosecution. Natasha Ryan allegedly deleted two videos from her camera showing the deadly crash.