Family Sues Tourist After Jet Ski Death

Kristen Fonseca's family looked on as she was struck by a Jet Ski driven by Tyson Dagley.
3:00 | 08/16/12

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Transcript for Family Sues Tourist After Jet Ski Death
Let's get to the heartbreaking story out of hawaii. A 16-year-old girl killed in a jet ski accident, as her family looked on. The 20-year-old man who crashed his jet ski is already facing negligent homicide charges. Her family is filing a civil suit. Reporter: Terrible story. This was supposed to be a dream vacation for a bright, young woman. It ended in death, criminal charges, a lawsuit and two families in anguish. Going to hawaii was supposed to be a huge treat for 16-year-old kristen, a gift from her parents afshe did well in school. She loved the islands. And she loved going out to the beach. Reporter: The vacation ended disastrously. Kristen was out jet skiing when she was hit by this australian tourist, a 20-year-old named tyson dagley. Investigators say dagley was driving his jet ski recklessly, standing up, not looking where he was going, showing off for his girlfriend. He was speeding really fast. And came up and slammed into her. I saw her head lunge forward and hit the steering wheel. Kristen then fell forward, fell back, and then fell into the water. Reporter: Kristen died the next day at a local hospital. Dagley was charged with third-degree negligent homicide. In court, he sobbed. I pray every day, just to the family. Pray that everything is going to be okay. Reporter: Dagley's father says while he feels for kristen's family, his son was not at fault. This is a tragic accident. Doesn't do anything. Reporter: But kristen's stepfather is unswayed. Not only is he pressing for dagley to be charged with a felony, right now he's facing misdemeanor charges, but he is suing dagley and the company that rented him that jet ski. We have a huge hole in our family. All taken away because of an individual who was negligent in the use of that wave runner. Waiting for her to walk down the stairs. It's heartbreaking. Reporter: Tough to hear. We should say dagley has not yet entered a plea in this case. His girlfriend has also been charged. Investigators say she videotaped the whole thing, and then deleted it in an attempt to cover it all up. Amy, back to you. Thanks so much. Let's bring in "gma" legal analyst, dan abrams. Dan, we've seen other cases like this that didn't end up in criminal charges. Usher's stepson. What makes this a crime? The authorities believe there is negligence involved here. And in the use of a vehicle, someone died. Those are the three key things someone died, vehicle, negligence. It's also just simple negligence. I use the word just, that this is a misdemeanor where he faces up to a year in jail. That's it. The judge is being very strict on bail, given how small or low the charge actually is. He wouldn't reduce it from $100,000. As a result, this guy can't get out right now. And some may say, $100,000 is nothing. He killed this girl. If you look at it through a legal prism, he's charged with a misdemeanor. A third-degree crime. This is not a very serious crime as far as the law's concerned. And as a sult, $100,000 is really high bail. And the family is filing several civil suits. One against dagley. But also the jet ski company. We reached out to the aloha jet ski company. How strong are those charges? They have a case against him. I don't know if he has a ton of money. But the interesting question will be against the company. They're saying, for example, they didn't warn -- he couldn't be driving the jet ski driving quickly. How do you tell someone they can't stand up on a jet ski? It will be a tougher case. Thanks so much. Now, to a shocking trial in texas. A high school teacher accused of

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