A man charged with manslaughter for running over and killing a 20-year-old woman with his vehicle in the drive-thru lane of the Nanakuli McDonald’s restaurant pleaded guilty Wednesday to a reduced charge of first-degree negligent homicide in a plea deal that will net him no more than 10 years in prison.
Albert Birmingham, 38, also pleaded guilty Wednesday — when his trial was to begin with jury selection — to fleeing the scene of a fatal traffic accident, consuming or possessing alcohol while operating a vehicle and driving after his license had been revoked for drunken driving.
Because Birmingham has a prior state felony conviction, he faces a mandatory minimum of three years and four months behind bars when state Circuit Judge Karen Ahn sentences him in April. The Hawaii Paroling Authority can set a higher minimum.
Police said Birmingham struck and ran over Raelynn "Aloha" Adams with his vehicle during an argument in the drive-thru lane of the McDonald’s.
They said Birmingham had been honking his horn at the car ahead of him when the driver of the car, a 45-year-old Mililani man, confronted him. When Adams and a teenage girl, who were passengers in the car, intervened, police said Birmingham drove his vehicle forward, running over Adams and striking the girl.
Birmingham drove off, but police found him nearby, lying inside his parked vehicle.
The prosecutor said Birmingham’s blood-alcohol content was 0.132. The legal threshold for drunken driving is 0.08.
Kimo Venne said he was Adams’ boyfriend and the driver of the car in front of Birmingham in the drive-thru lane.
"I am responsible for my behavior," he said. "But he’s ultimately responsible for her death."
Venne said neither he nor Adams’ family is happy with the deal and that he thinks Birmingham should get more than 10 years in prison.
Birmingham has two previous convictions for driving under the influence, had one DUI dismissed because the arresting police officers failed to show for his trial, and was arrested for another DUI while free on bail for the manslaughter case.
Police arrested Birmingham on May 6, 2000, for drunken driving. However, a state judge dismissed the charge in July 2003 after the arresting officers failed to show up twice for his trial.
Police arrested Birmingham for DUI again on April 16, 2003. When they put him in the back of a police car, he kicked out one of the windows.
Police said Birmingham was driving between 80 and 100 mph on Farrington Highway before they stopped him. Ahn sentenced Birmingham to five years of probation, including 30 days in jail, for the DUI and for causing damage to a police car.
Police stopped him again for DUI on Nov. 19, 2008. The state immediately revoked his license for refusing to submit to a blood-alcohol test. Birmingham pleaded no contest in April 2010 and was sentenced to 30 days in jail and assessed $1,312 in fines and fees, which he still owes.
Birmingham was stopped again last July 31 for DUI and driving after his license had been revoked. The case is pending. His next hearing is scheduled for March 16 in District Court.
