An Omaha man pleaded no contest and was found guilty of felony motor vehicle homicide last week in connection with a crash that ejected and killed a passenger in his truck as he attempted to flee from a traffic stop.
David Kauai, 35, also pleaded no contest and was found guilty of operating a motor vehicle to avoid arrest causing death or injury. Kauai lost control of his white Nissan Titan pickup truck as he was fleeing from police in April, resulting in the death of 20-year-old Mali Miller, who was thrown from the vehicle as it rolled.
At sentencing, which is set for September, Kauai will face up to five years in prison — three years for motor vehicle homicide and two for operating a motor vehicle to avoid arrest. There is no mandatory minimum sentence for either charge.
According to police, Kauai had allegedly been “involved in a shots-fired incident†in Council Bluffs before he crossed over into Omaha. After following the truck from a distance, officers attempted a traffic stop at about 2:50 a.m. as Kauai drove along Interstate 480 near the westbound I-80 on-ramp.
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After Kauai accelerated in an attempt to flee from the traffic stop, police said, he lost control of the truck and veered to the right, striking an outside barrier. He then veered left across three lanes of traffic before colliding with the inside barrier, rolling to the right and coming to rest near the outside guardrail.
Neither Kauai nor another 17-year-old female passenger were injured in the crash. Miller was ejected during the rollover and sustained critical injuries. Police performed CPR on Miller until paramedics arrived, but she died at the hospital.
Because of the police chase that preceded the crash, Miller’s death is being investigated as an in-custody death. A Douglas County grand jury will review the case at a later date.
Kauai remains in jail ahead of sentencing with bail set at 10% of $500,000.