KYNE CONVICTED OF MURDER; DRUNK DRIVER GUILTY IN TEACHER'S DEATH.

Byline: Karen Maeshiro Daily News Staff Writer

A six-time drunk driver was convicted Monday of second-degree murder for running a stop sign and killing the daughter of a California Highway Patrol officer.

Joel Kyne, a 49-year-old self-employed carpenter, was found guilty in the death of 27-year-old schoolteacher Erica Nemback. She died Oct. 18 at Avenue J and 60th Street West when her 1993 Honda Accord was hit broadside by Kyne's 1992 Toyota pickup truck.

``The gentleman's past record had a lot to say for it,'' said Deputy Mark Johnston, one of the investigating officers. ``He was drinking in the morning (at the Del Sur Gardens bar), spent some time with a friend discussing work and had some drinks, and ended up back at Del Sur having some drinks. They ultimately refused to serve him. They felt he had way too much to drink.''

Prosecutors originally charged Kyne with felony vehicular manslaughter while intoxicated. However, they added the murder charge after an investigation found Kyne had six prior convictions for misdemeanor drunk driving dating to the early 1980s, the most recent one in 1987 from a case in the Antelope Valley.

Kyne, who tested after the collision with a blood-alcohol level of .35 percent - more than four times the legal limit - was found guilty by a Van Nuys jury of murder and two drunk-driving charges.

He faces 15 years to life in prison when he is sentenced May 26. The Van Nuys Superior Court jury deliberated about a day after a 1-1/2-week trial.

The defense argued that Kyne did not realize it was dangerous and life-threatening to drive under the influence, Johnston said.

``(The defense said) he knew the consequences of being convicted, fined and jailed. He didn't know that it could lead to death,'' Johnston said.

Kyne's attorney, Deputy Public Defender Ara Injejikian, could not be reached for comment.

In an interview with investigators after the crash, Kyne said he didn't remember much about the night of Oct. 18 but knew his actions had had dire consequences.

``I have to take responsibility for what I've done,'' he told a traffic deputy, according to court documents. ``Now I have to face the consequences of my actions.''

Investigators say Kyne started drinking at Del Sur Gardens, where he said he went looking for eyeglasses his girlfriend had lost the previous night.

From there, he went to a home in Elizabeth Lake to discuss a carpentry job - and to drink beer, authorities said. He then returned to the bar and drank two rum and Cokes.

When he left the bar around 7 p.m. to drive to a friend's house, more beer was in an ice chest in the cab of his pickup truck, deputies say. But the friend was not home, and after waiting for an hour, Kyne drove away.

Minutes later, he plowed at 50 mph through the stop sign at Avenue J and 60th Street West into Nemback's car. Nemback, daughter of Mike Nemback, a CHP officer once honored for drunk-driving arrests, was killed instantly.

She had been driving home from shopping with her mother and sister, who were traveling in another car.

KYNE'S RECORD AT A GLANCE

Joel Kyne has a drunk-driving record dating to 1980, according to the California Department of Motor Vehicles. His offenses:

August 1980: Kyne was convicted in Bishop Municipal Court of driving under the influence of alcohol. He was sentenced to five days in jail, ordered to pay a fine, placed on a years' probation and referred to a drinking-driver program.

June 1981: Kyne was convicted in Antelope Municipal Court of DUI. He was fined, placed on two years' probation, restricted to driving for work only and again referred to a drinking-driver program.

October 1982: Kyne was convicted in Antelope Municipal Court of DUI and received a suspended sentence of 240 days in jail and was placed on two years' probation.

May 1985: Kyne was convicted in Antelope Municipal Court of DUI and driving with a suspended license. He was fined, placed on three years' probation, given an 18-month suspended jail sentence and had his license revoked.

October 1987: Kyne was convicted of two separate incidents in September and November 1985 of drunk driving and driving with a revoked license. He was sentenced to 395 days in jail, had his license suspended for four years and was placed on three years' probation. He also was ordered not to commit any crimes, not to refuse a blood-alcohol test or drive a vehicle with alcohol in his bloodstream.

March 1995: Kyne was arrested on suspicion of drunk driving on San Francisquito Canyon Road in the Santa Clarita Valley. No charges were filed because his blood-alcohol level measured 0.07 percent, or 0.01 below the legal level. He was convicted a month later of speeding and ordered to go to traffic school.

Oct. 18, 1997: Kyne was arrested with a blood-alcohol level of 0.35 after his Toyota pickup hit broadside a Honda Accord driven by Erica Plemback. He was convicted Monday of second-degree murder and drunk driving.

SOURCE: Daily News Research

CAPTION(S):

2 Photos, Box

PHOTO (1) Cottonwood Elementary School teacher Erica Nemback stands beside her class a month before she was killed

(2--Color) Joel Kyne

Six DUIs on record

BOX: KYNE`S RECORD AT A GLANCE (See text)