But attorney Michael Green said his client should never have been charged with manslaughter and that Oshiro deserves to have a jury hear the case.

"There are other explanations for what happened," Green said, "you know what, one day if he gets a trial, he can still be convicted. but someone may look at this thing, and say maybe it's not manslaughter, maybe it's not assault in the 1st degree, it's something else."

Green says new evidence that could come out during a trial will prove that.

Prosecutor Peter Carlisle says Oshiro was high on ice when he rammed into Voss' SUV. They released home video shot during one of his last trips before the crash. Passengers on that ride said Oshiro was sweating heavily and driving erractically. Police say the driver refused to give a blood sample for testing.

But Green said his client did give a urine sample at Castle Medical Center.

"It's sitting on a counter at the hospital," Green said, referring to the sample. "There was no chain of custody. No one preserved it. So there was a challenge to the integrity of the sample," he continued, "well then go get another one. The law says you can detain him and force him to give it, so do it. And if you don't get it, don't say he didn't give it.

Voss was a husband and a father-to-be. His wife was not in court Tuesday. Carlisle says she's trying to move on with her life but there are difficult times.

"She couldn't attend today and wasn't planning to at attending the sentencing," he said. "because it's too rough. She has a child that she has to deal with and she has to be strong and she is strong."

The judge could accept Oshiro's plea change, deny it or defer the decision. The next court hearing has been set for Sept. 17. Oshiro remains behind bars.

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