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Dagley denied bail reduction; lawsuit filed

Judge ordered prosecutor to verify whereabouts of passport of Australian defendant

HONOLULU ­

A District Court judge denied bail reduction Tuesday for 20-year-old Tyson Dagley from Australia

charged with third-degree negligent homicide in connection with a death after a watercraft collision at

Keehi Lagoon.

Dagley's attorney asked for $2,000 bail instead of $1 00,000. The deputy prosecutor had previously

made the point that the U.S. does not have an extradition treaty with Australia for misdemeanor

offenses.

The prosecutor asked the judge to demand Dagley surrender his passport. Dagley's lawyer says his passport was taken away by police at the time of his arrest.

The judge ordered the prosecutor to verify the whereabouts of Dagley's passport. Dagley is opting for a jury trial. His next court date is scheduled for Aug. 27.

Dagley is accused of a watercraft collision with 16-year-old Kristen Fonseca of Vacaville, Calif. on

Aug. 5. Her family is suing Dagley and Aloha Jet Ski Tours, which rented the watercraft. The

company did not return emails or phone calls Tuesday seeking comment.

Investigators say Dagley was standing on his rented watercraft before it hit Kristen Fonseca's

watercraft from behind. They say he was looking at his girlfriend, who was taking video and photos,

and didn't pay attention to where he was going.

Attorney Rick Fried said the owner of Aloha Jet Ski Tours, Glenn Cohen, failed to brief Dagley about the dangers of speeding on the watercraft. He said Cohen also failed to stop Dagley from driving in a reckless manner.

"There was not a single word said about speed," said Fried. "When he saw this ongoing conduct, he

should have acted. He should have gone out and told Dagley either you're through, or talk to him

about the way he was driving."

In a court affidavit, Cohen said he would have told Dagley to come off the track within the lagoon had he seen the Australian looking anywhere else but straight ahead.

Meanwhile, Fried also presented a letter from Fonseca's mother and stepfather demanding that the

charge against Dagley be increased to negligent homicide in the second degree, which is a class C

felony, punishable up to five years in prison.

"We believe the conduct of Tyson Dagley clearly fits into that, and is more than mere simple negligence," said Fried.

In the letter to the court, Fonseca's parents write how they are having a difficult time coping with their daughter's death.

"We struggle from day to day, hour to hour, wishing that the pain of our loss will in some way go away or subside. But as we walk through our home, our neighborhood, our local park, Kristen's school, we can't help but come across constant reminders of Kristen and her love."