Aadam-Frederick Akiona believes he's alive today because he was saved by the man he killed in a horrific head-on collision on Kalaniana'ole Highway near the Olomana Golf Course three years ago.

Akiona was 19 on Feb. 23, 2003, when his pickup truck rammed head-on into another truck driven by Ramus Seabury, who was retired but on his way to a part-time job at the Marine Corps Base Hawaii golf course. Seabury was killed in the pre-dawn crash; Akiona, who had fallen asleep, survived.

He believes if he hadn't struck Seabury's truck, he would have veered off the highway and would have been more seriously injured or killed.

In a highly emotional hearing yesterday, Akiona told a state judge he considered Seabury an "angel." He said he is deeply sorry for the death but is thankful to be alive.

"Yet I am cursed because I live with the reality that someone else's life was taken," he said.

The hearing brought to the courtroom relatives and families of both the defendant and victim who filled the gallery, separated by the center aisle.

City prosecutors asked that Akiona serve the maximum five-year prison term for second-degree negligent homicide for drinking beer, speeding at 70 mph and crossing the center line.

Circuit Judge Michael Wilson said he recognized the seriousness of Akiona's taking someone's life, but said Akiona's blood test showed there was no alcohol in his system.

Wilson placed Akiona on five years' probation, but because he had a record of speeding, the judge also ordered Akiona to spend a year in jail and pay the victim's family $6,098 to help with funeral costs.

The judge told Akiona that if he was sincere, "you will live your life as a tribute to Mr. Ramus Seabury."

Seabury was remembered by his wife, relatives and friends as a good father, husband, worker and generous friend who didn't deserve to have his life taken away.

"Starting now, you will be thankful for your life and make it count," the judge told Akiona. "Finish college, help your family, make your life an honest one — like the life of Ramus Seabury."

The judge told Akiona not to feel sorry for himself.

"Your sentence is meant to remove your curse," the judge said. "It is your duty to your family and your community not to lose faith in yourself."

Akiona was led away to start his jail term. His attorney, Michael Green, said he believes Akiona will live up to the judge's admonitions. "He's a pretty good kid," Green said.

Seabury's wife, Harriet, said she was "OK" with the sentence, although she said the family wanted five years and her sons weren't happy with it. "He'll have a year (in jail) to think about what he did," Harriet Seabury said.

The sentencing featured a dispute over whether Akiona was intoxicated.

City Deputy Prosecutor Paul Mow argued that Akiona had admitted to a nurse that he earlier drank three beers. The deputy prosecutor also said Akiona's passenger tried to hide in nearby bushes a backpack with a six-pack of Heineken bottles, including three that were only partially filled with beer. The bottles were still cold, Mow said.

But Green told the judge that alcohol was not involved.

He also said prosecutors charged Akiona with second-degree negligent homicide and not first-degree negligent homicide, which involves drinking and carries a maximum 10-year prison term. Akiona also was not cited for being a minor drinking alcohol.

"If they believed it (that alcohol was involved), they should have charged it," Green said.

Mow said the case was not brought to his office with the drinking charges.

"I think based on the evidence we had, we did the appropriate charge," he said.

During the hearing, Ramus Seabury was described as a man whose passions included his family, golf, bowling and coaching Little League teams. His brother, Sam Magno, recalled that Ramus Seabury would tell him and the other siblings: "You need to work hard for what you want in life. Nothing comes easy in life."

Seabury's son Keone broke down in sobs. "He never got to see my baby (born after his death)," the son said.

Another son, Kekai, arrived at the scene moments after the crash. He said he held his father. "I told him I loved him," Kekai Seabury said. But the only sounds he heard were a moan and gurgling blood.

Harriet Seabury told the judge she met her husband when she was 15 and he was 17. They were married 41 years. She said she couldn't have asked for a better husband. "He still lives with us in our hearts," she said.

Akiona's father, Aaron Akiona, a firefighter, turned to Seabury's family and could barely speak through his tears, but apologized. He said his son is a "good kid."

"He has to deal with it for the rest of his life," the father said.

Akiona's sister, Amber, said her brother is her best friend and she knows him better than anyone else. "I know he is not a criminal," she said. "I know it. ... He's very, very sorry."

After the hearing, Harriet Seabury said the family still has a lot of questions about what happened, including why Akiona wasn't immediately given a blood test for alcohol. Keone Seabury said four hours passed before the test was administered.

Green said he can't blame Seabury's relatives for what they feel, but said police officers handle these cases professionally and there was no indication that his client smelled of alcohol.

Aadam Akiona wept when he read a statement to the judge. Green later said his client was shaken from listening to the victim's relatives as well as his parents and sister.

He's been waiting for three years to see what will happen to him, but he and his family realized that a life was taken, Green said.

"I think he was more numb than anything else," Green said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.