Nearly two years after he crashed a minivan carrying six of his friends, killing one of them, a 21-year-old Waipahu man told a state judge in court Tuesday that he can drink responsibly.
"I know my limit, I know how (much) I can handle," Kyer Valeros said, "and I know that if I cannot handle, I don’t drink and drive."
Circuit Judge Rom Trader sentenced Valeros on Tuesday to eight years in prison for manslaughter for causing the Feb. 4, 2011, death of Ervin Yanuaria in the one-vehicle drunken-driving crash on the H-1 freeway in Aiea. Trader ordered Valeros to begin serving the sentence immediately. Trader also ordered him to repay Yanuaria’s mother $13,713 for the cost of her son’s funeral.
The typical prison term for manslaughter is 20 years. Trader imposed the eight-year term under a state law that gives defendants younger than 22 a break in sentencing. Trader also sentenced Valeros to four years, to be served concurrently, for causing substantial injuries to one of his other passengers.
The Hawaii Paroling Authority will decide how long Valeros must spend behind bars before he is eligible for parole.
The state said Valeros drank at least six beers and 10 shots of liquor before getting behind the wheel of the minivan to go to a party in Waikiki. He refused his friends’ attempts to take the keys to the minivan away from him.
According to the court’s pre-sentence report, the passengers were getting scared because of how Valeros was driving, yet he refused their suggestions that he let someone else drive. At one point the friends pointed out a police vehicle on the freeway.
"You remember what you told your friends, about the police," Trader told Valeros. "You said f— the cops, and you slammed the pedal to the floor and you kept driving."
Police said Valeros’ minivan hit an embankment, flipped several times and came to a rest under the Kaonohi Street overpass in Pearlridge. Valeros and Yanuaria were thrown from the vehicle. Police estimated the minivan was traveling at least 90 mph when it crashed.
The state said Valeros’ blood-alcohol content was 0.17, more that twice the legal threshold for drunken driving. He was 19 years old at the time — too young to legally consume alcohol.
On Nov. 1, while Valeros was free on bail after pleading no contest to manslaughter and assault, police arrested him for driving while intoxicated. That case is pending. However, Valeros admitted to Trader on Tuesday that he drank alcohol that day at a cousin’s Halloween party. He was not eligible to legally consume alcohol until he turned 21 later that month.