LIHU‘E — James Pflueger did not accept the terms of a plea agreement and will take his felony manslaughter case to trial. Pflueger, 87, of O‘ahu, appeared in 5th Circuit Court on Thursday in what was to be a change
LIHU‘E — James Pflueger did not accept the terms of a plea agreement and will take his felony manslaughter case to trial.
Pflueger, 87, of O‘ahu, appeared in 5th Circuit Court on Thursday in what was to be a change of plea hearing. Instead, Circuit Court Judge Randal Valenciano set a new trial date for Sept. 16.
The retired auto dealer faces seven counts of felony manslaughter and one count of first-degree reckless endangerment. The charges stem from Pflueger’s alleged responsibility in the Ka Loko Dam breach that clamed seven lives in March 2006.
“We have not reached an agreement as of this date, but it does not mean that one cannot be reached,” said William McCorriston, Pflueger’s private attorney.
“Attempts to resolve the case by plea agreement have failed and we are now going to trial,” said Deputy Attorney General Vince Kanemoto, who took over the case from Kevin Takata.
Kanemoto said he could not elaborate on the terms of the plea agreement, as it remains confidential until filed.
Pflueger, a retired O‘ahu car dealer, is charged with tampering with an earthen dam that was on his 33.39-acre property under an easement. The Ka Loko Dam failed after a 40-day rain in March 2006, and a wall of water wiped out the Wailapa Road residential neighborhood in Kilauea, killing Alan Gareth Dingwall, Daniel Jay Arroyo, Rowan Grey Makana Fehring-Dingwall, Aurora Solveig Fehring, Christina Michelle McNees, and her unborn baby, Timothy Wendell Noonan Jr., and Carl Wayne Rotstein.
Bruce Fehring, the father of Aurora and a plaintiff in the civil case, was present for the hearing. Speaking on behalf of his family, friends and other families of the victims of the disaster, he said they are happy a trial date has been set.
“We are sorry that the wheels of justice have moved as slowly as they have, but we’re happy that it appears that we’re moving forward at this point in time,” Bruce said.
Bruce was present with attorneys Teresa Tico and Bert Sakuda.
After the hearing, McCorriston said that Pflueger has paid a substantial amount but not all of a confidential civil settlement dating to 2009. Pflueger has maintained that the County of Kaua‘i, the state and the Public Utilities Commission are also culpable for lack of maintenance and oversight of the property.
Pflueger’s businesses could also be prosecuted for damage to the environment, including a reef system. The state Supreme Court upheld a $4 million fine in January.
The penalties tend to be fines rather than jail, McCorriston said, but that brings collateral consequences that make it difficult to do business with the government.
“Mr. Pflueger’s first focus has always been to take care of the people who perished in the flood and to do the best he can for those people,” he said. “The first dollar has always gone to those people.”
Pflueger is due to be in compliance with the balance of the confidential unpaid amount by September, but some of the amount is due from his insurance and other sources, McCorriston said.
“He is trying to liquidate some of his assets so he can meet his financial obligations,” McCorriston said.
Pflueger is not in custody and has waived his right to speedy trial until a federal tax case was resolved, Valenciano said.
A U.S. Court judge cleared Pflueger on federal tax fraud charges in March. Pflueger agreed to extend his waiver of right to speedy trial in 5th Circuit until his trial date of Sept. 16.
Pflueger was present with McCorriston and his partner David Minkin, along with Kaua‘i-based lawyer Mark Zenger, who joined the team on Thursday.
McCorriston’s motion to dismiss the indictment for alleged prosecutorial misconduct was set for a hearing on July 18.
The 5th Circuit Case will deal with the criminal allegations from the breach incident. McCorriston said Pflueger was a scapegoat of former Gov. Linda Lingle’s administration.
McCorriston said Pflueger’s position, as verified by the state’s own 2007 Robert Carson Godbey report, is that the spillway was not key to the dam failure. He says the evidence will show the state did not inspect the dams and the spillway was also not maintained.
“This was a confluence of a lot of things and not the act of one person,” McCorriston said.
There were people living in the flood zone area below the dam, illegally and without building permits, he added. Pflueger himself made official complaints against the PUC prior to the breach.
The attorneys said the trial could go four to 12 weeks, including a possible three-week jury selection process.
Manslaughter carries a sentence of 20 years.
• Tom LaVenture, staff writer, can be reached at 245-0424 or tlaventure@thegardenisland.com.
