A Schofield Barracks soldier was convicted of a lesser offense of negligent homicide rather than manslaughter yesterday for driving drunk on the H-2 freeway and getting into a single-car crash that killed his passenger, a friend and fellow soldier.

A Circuit Court jury needed about 2 1/2 hours of deliberations before acquitting Jesse Williams of manslaughter, which carries a maximum 20-year prison term, and convicting him of first-degree negligent homicide, a maximum 10-year term.

Deputy Public Defender Walter Rodby said he will ask that his client get probation that would allow him to continue to serve in the military. Rodby said the Army told him it would retain Williams if he gets probation and no more than a year in jail.

"We're pleased with the verdict," said Rodby, who asked for a conviction on the lesser offense. "This was never a case of manslaughter."

Circuit Judge Steven Alm scheduled the sentencing for Nov. 14.

A manslaughter conviction would have required the prosecution to prove that Williams recklessly killed Roberts, but Rodby said "there's no way he would put his friend's life at risk knowing that it could cause such a result."

The crash occurred about a half mile south of Ka Uka Boulevard near Waipi'o Gentry at about 11:20 p.m. April 5, 2003. Marquel Roberts, 23, was thrown from the car and killed.

Police estimated the car was traveling at least 96 miles per hour. Williams, 21, who was 19 and underage at the time, had a blood alcohol reading of .15, which is over the .08 legal limit.

Rodby said his client admitted he had too much to drink when he and his good friend were on their way to Waikiki. On the freeway, he saw a car full of girls and was speeding to try to keep up with them, Rodby said.

Rodby said Williams suffered severe depression over his friend's death, but the Army decided Williams could remain a soldier after he went though counseling and passed substance-abuse classes.

Williams, a carpenter and plumber, later served a year in Iraq from November 2003 to November 2004, Rodby said.

Rodby said he will cite the Army's willingness to keep Williams as a reason for probation.

"Why put him in jail if he's willing to risk his life in Iraq?" Rodby said.

Williams remains free on $75,000.

City Deputy Prosecutor Marvin Rampey could not be reached for comment.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.