MAKAHA, Hawaii (KHON2) -- A 28-year-old man is dead and a 50-year-old woman was arrested in connection with a crash in Makaha Sunday afternoon.
According to Honolulu Police, the man grabbed onto the woman's vehicle and tried to reach inside, that's when she ran the man over and fled the scene.
Family and friends of Derrick Hernandez Jr, 28, put up a memorial at the site near Makaha Beach on Monday. They told KHON2 he died early Monday morning from injuries he sustained after being run over by a pickup truck around 3:30 p.m. on Sunday.
According to police, Hernandez crashed his vehicle shortly before and then ran towards Farrington Highway. They said he tried to stop and enter multiple occupied vehicles.
But loved ones said he was likely disoriented after crashing his car, and that some witnesses told them he was asking for help in the middle of the street. Desperate for help, the family said that's when he tried to get into the bed of a pickup truck.
But HPD said Hernandez made several attempts to reach into the truck's driver-side window, and that's when the 50-year-old driver accelerated, causing Hernandez Jr. to fall onto the road, and when she ran him over and took off.
HPD said the woman was later located and arrested for collisions involving substantial bodily injury.
"There's no defense to leaving the scene and failing to provide your information," explained Megan Kau, an attorney unrelated to this case and legal expert. "Self-defense does not apply, and that's because the statute specifically requires you to stop as close as possible or to return forthwith, meaning right away, in order to aid the person that needs help."
She said drivers are required by law to report an accident if someone is hurt or injured. In this case, she said the person should find a safe place, like a police station, to report the incident.
"It's an interesting case, right?" said attorney and legal expert Megan Kau who explained the hypothetical situation. "Because what we have are people driving in their cars feeling safe, and at this point in time, someone's seemingly coming up to attack the driver. And so now she's on the defensive, she's probably scared and panicked, doesn't know what to do, and so out of fear, she leaves the scene."
She said now that the man is dead, it makes the case more complicated.
"If the autopsy shows that the impact of her vehicle caused the death of the victim she could be charged with murder," Kau explained. "However, murder requires a higher state of mine intentionally or knowingly causing the death of another person."
Kau said if a driver causes serious bodily injury or death and leaves the scene without providing the required information, the person could be charged with a Class B felony, which is punishable by up to 10 years in prison.
HPD said the woman has not been charged at this time and she was released pending investigation.
The Prosecutor's Office has declined to comment.
This is Oahu's 15th traffic fatality this year, compared to 27 this time last year.