John Szemkow — who was given a 10-year sentence Aug. 6 for failure to render aid in an April 4, 2006, Kunia Road accident in which four farm workers were killed — could be released as early as next month.

The Hawai'i Paroling Authority this month set a minimum term of five months and six days for Szemkow, 48, meaning that he has already served his minimum sentence.

Attorney John Schum, representing Szemkow, said that at a Jan. 9 hearing he gave the parole board new evidence that convincingly contradicts statements made by prosecutors at Szemkow's trial.

"I presented evidence from the police report and from eyewitnesses to the events, that dispute the statements that Mr. Szemkow was passing the concrete truck, which is what caused the accident, that he was speeding, and that he knowingly fled the scene of the accident."

The Paroling Authority has scheduled a Feb. 10 hearing for Szemkow, paroling director Max Otani said yesterday.

"The parole board will interview him, and they'll usually make a decision on that day whether to parole, deny or defer," Otani said.

Jim Fulton, of the city Prosecutor's Office, said prosecutors will argue against granting Szemkow an early parole at that hearing.

"What you have right now is that his minimum has been set, he's served his minimum, and in February there will be an actual parole hearing to decide whether or not he can be released," Fulton said. "And the prosecutors are going to go in and argue against his early release."

At Szemkow's trial, prosecutor Russell Uehara contended that Szemkow, a civilian worker at Schofield Barracks at the time, was speeding, that he deliberately drove in the wrong lane and that he knowingly fled the scene after the accident.

Killed were Aquilina Polendey, 57, and Ana Sacalamitao, 46, of Waipahu, and Lorna Laroco, 53, and Gertrudis Montano, 59, of 'Ewa Beach.

The women were among a dozen farm workers riding in the bed of a red pickup truck that swerved to avoid Szemkow's oncoming sedan and veered into oncoming traffic, according to Uehara.

The pickup then collided head-on with a cement truck, killing the four and injuring eight others.

On Aug. 6, Circuit Judge Derrick Chan sentenced Szemkow to the maximum 10-year sentence for leaving the scene, which is a felony.

Szemkow — a retired Navy medical corpsman who has serious physical problems that require a regimen of medications — stunned the courtroom last April by changing his plea. His attorney at the time, Sam King Jr., said Szemkow changed his plea from not guilty to no contest so the victims' families would not have to endure a trial.

King said yesterday that he was not surprised by the Paroling Authority's five-month minimum term, "because there were just so many mitigating circumstances to the case."

Among those circumstances, King said, was the possibility that Szemkow's medication may have caused him to temporarily lose consciousness and swerve into the wrong lane. Also, there was no collision with Szemkow's car, as was originally reported.

Szemkow said he didn't even know there had been an accident until later, when he heard authorities were looking for a vehicle that matched his, and he subsequently contacted authorities.

Also, his medical condition is so severe — King says he is virtually totally disabled by a degenerative bone ailment — that it could be extremely difficult for the corrections system to care for him.

King also noted that Szemkow's negligent homicide convictions are third-degree misdemeanors and that the remaining 10-year felony conviction was for failure to render aid — which is questionable if Szemkow didn't know there had been an accident.

Schum said new evidence strongly supports his claim that Szemkow did not pass the concrete truck, that he was not speeding and that he did not knowingly leave the scene of the accident. He will argue that Szemkow should be paroled on Feb. 10.

Otani said the board could take Szemkow's health into consideration in making its decision. He said the board could also impose special conditions on the parole, such as forbidding Szemkow to drive. Szemkow has already vowed to never drive again.

If Szemkow is paroled, under normal circumstances he would be released two to three weeks after the hearing once the necessary paperwork is completed, Otani said.

However, he said, if Szemkow were to show some exceptional reason why he should be released sooner, the board could decide accordingly.