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Jet ski victim's family fight to increase charge for suspect

Reported by: Brianne Randle Email: brandle@khon2.com Published: 8/146:20 pm Updated: 8/146:53 pm

It was an emotional morning in an Oahu courtroom.

The man charged with killing a girl in a jet ski crash offered his tearful apology to the victim's family.

But the family says Tyson Dagley has no remorse and has filed a lawsuit against the man who took the life of their daughter.

It's been more than a week since the deadly collision that killed 16-year-old Kristen Fonseca.

Dagley returned to court Tuesday morning.

His attorney asked the judge to reduce Dagley's $100,000 bail.

The Australian tourist says he prays for Fonseca's family every day.

Kristen Fonseca was killed in ajet ski colision

"And I prayed to the family too be strong. And also I can tell you now Your Honor I'm not going anywhere. I will stay here for as long as you need me," said Dagley. A judge denied Dagley's bail reduction. He will be back in court on August 23rd.

Suspect's mounting legal trouble Dagley's court hearing was only part of his legal troubles. Fonseca's family has filed a lawsuit against him and the jet ski company. The suit says Dagley was acting recklessly the day of the crash and that Aloha Jet Ski did nothing to stop him. Aloha Jet Ski is still operating at Keehi Lagoon after a temporary shut down, but the company is now faced with a

lawsuit. On Monday, Fonseca's family filed a complaint against Aloha Jet Ski. "There should be some explanation of the danger of speeding and there was not a word to drive at a safe speed, n

said Fonseca family attorney Rick Fried. The family's attorney Rick Fried claims the company's owner saw Dagley acting recklessly and speeding the day 01 the crash that killed Fonseca but ignored the danger.

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"When he saw this ongoing conduct he should have acted he should have gone out and told Dagley you're through or talk to him about the way he was driving," said Fried.

Aloha Jet Ski did not comment on the suit. Dagley is also named as a defendant. "I know this has been an emotional case for everybody, the victim's family, the defendant's family, but once again it all goes back to the idea that this was an accident," said Dagley's attorney, Walter Rodby.

Fonseca's family says otherwise. "This is not what we can call an accident, an accident is an act of God what happened here is someone was reckless, not paying attention, this incident, this death never should of occurred," said Fried.

Increase charge

Dagley is charged with third degree negligent homicide which has a maximum penalty of a year in jail.

But Fonseca's parents want that increased to a felony charge and five years in jail, telling the judge "is the life of our daughter only worth a misdemeanor and $1,000 fine?" "We believe he should be charged and can yet be charged with negligent homicide in the 2nd degree a class C

felony," said Fried. Attorney Rick Fried is demanding a jury trial and that the family receive compensation for their loss. Prosecutors would not comment on the request to increase the charges.