On August 15, 2013, at 1:45am, Aisha Malik was crossing Honoapiilani Highway, near Hoohui Road in Napili, when Attorney Cary Virtue’s Client collided into her with his motorcycle. Client, who was not wearing a helmet, had head injuries and required numerous implants throughout his body, while Malik suffered a punctured lung, lacerated liver and multiple broken bones including her legs, wrist, hip, femur, and all the bones in her face. As a result of the accident, she underwent many surgeries, can no longer flex her left foot, and walks with a limp.
“It is a miracle that I survived such severe and debilitating injuries,” said Malik, who was 28 years old at the time of the accident.
On the night of the accident, Client, 48, left Black Angus Steakhouse riding his 2006 black Kawasaki motorcycle. He was speeding, revving his engine, and found to have a blood-alcohol level of 0.131 percent, above the legal limit of 0.08 percent, according to police.
“He didn’t see her running across the highway in the dark,” criminal defense attorney Cary Virtue said. “Both parties are lucky to be alive. Both parties suffered major injuries.”
Client pleaded no contest to driving under the influence of alcohol as part of a plea agreement that required him to pay $49,426 in restitution toward Malik’s medical expenses and serve a five-day jail term. Originally charged with first-degree negligent injury, the plea agreement was reached to help Malik cover her medical bills said Deputy Prosecutor Carson Tani. Client had already paid $5,000 of the restitution before his sentencing.
“How do you fix this? I can’t even imagine the pain that Aisha has gone through and will go through – to have every bone in your face broken, to have your face detached from your skull. How do you put a price tag on this? How do you give her back her happiness? How do you give her back her smile?,” 2nd Circuit Judge Rhonda Loo asked Client. She also replied that one way Client could try to make things right is by paying restitution. She also ordered him to serve a five-day jail term.
“I deeply regret the choice I made that evening,” Client said in court. “There’s not a day that goes by that I don’t feel sorry for her. It’s something I have to live with the rest of my life.”