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Tourist Charged w/ Homicide in Jet Ski Death

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By Andrew Lu on August 20, 2012 1:15 PM

An Australian tourist could be spending the next few years in jail for allegedly causing a Jet Ski accident that resulted in the death of a 16-year-old girl in Hawaii.

Tyson Dagley appeared in court wearing a neck brace and answered to charges of negligent homicide, reports Hawaii News Now.

Dagley, 20, is accused of goofing off on his jet ski and running full-speed into another jet ski ridden by Kristen Fonseca. It's alleged that Dagley was clowning for his girlfriend who was standing on a dock recording the incident. Officials say that Dagley never saw Fonseca in front of him as he ran her down. The teenage girl died of a brain injury.

To be convicted of negligent homicide in the Jet Ski accident death, prosecutors will have to show that Dagley was operating Jet Ski carelessly at the time of the accident.

As Dagley's girlfriend was allegedly taking pictures and/or video of the incident as the accident happened, authorities reportedly do have video showing the collision and the moments preceding it. Dagley was apparently standing on his jet ski and looking at his girlfriend shortly before he crashed into Fonseca, reports Hawaii News Now. If this is true, there's a good chance Dagley could be convicted of the negligent homicide charges.

In his defense, Dagley could argue Fonseca may have contributed to the accident. Accounts say that Fonseca had slowed down just before the collision. Dagley's lawyer adds that Dagley was not expecting someone to stop in the middle of a marked Jet Ski course, reports Hawaii News Now.

Drugs or alcohol are not alleged to have played a role in the Jet Ski accident and death. If it had, Dagley could have faced up to 20 years in jail, instead of the five he faces.

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