HILO, Hawai'i — A well-known kumu hula pleaded no contest yesterday to second-degree negligent homicide in connection to a 2003 vehicle crash that killed a Big Island man, and prosecutors said he had been using cocaine when the accident occurred.

Deputy Prosecutor Rick Damerville said tests showed Rae Fonseca had cocaine in his system when he was driving on a private road in the Eden Roc subdivision in Puna.

Fonseca, who leads Halau Hula 'O Kahikilaulani of Hilo and is more widely known as Ray Fonseca, could face up to five years in prison when sentenced April 10. However, Damerville said a condition of the plea agreement is that prosecutors will ask that Fonseca serve only six months in jail plus probation.

Andrew Wilson, Fonseca's lawyer, said Fonseca "has realized that he has made a mistake, and would like to take responsibility for this most unfortunate accident, and move forward to do what he can."

"Ray has been a contributing member of this community for many, many years through the preservation of the hula and Hawaiian culture, and he looks forward to continuing to be a contributing member of the community," Wilson said.

Damerville said Fonseca, 52, was driving left of center on the private road when his sport utility vehicle collided with a moped driven by Michael R. Spens, 59, of Mountain View at about 7:20 p.m. on Dec. 13, 2003.

An investigation showed that the road was in poor condition, with potholes on the right side, and that Fonseca may have been driving on the left side of the road to avoid the hazard.

Damerville said both Fonseca and Spens were traveling faster than the posted 25 mph speed limit. A police investigation showed Fonseca was driving about 40 mph. Authorities are not sure how fast Spens was traveling, Damerville said.

Spens was riding a moped he bought that same day that had been illegally modified to give it more power, according to Damerville. Spens had been ill, and tests showed he had also taken a medication that could have impaired his ability to drive, Damerville said.

A Big Island grand jury initially charged Fonseca with first-degree negligent homicide and driving under the influence of an intoxicant. The charge of driving under the influence was dropped under the terms of the plea agreement.

Damerville said Hawai'i law makes it difficult to prove a motorist who has been using cocaine is actually impaired. Some states have laws declaring that a motorist is automatically deemed to be impaired if the person has been using cocaine, but it's not the case in Hawai'i, he said.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.