Retired Auto Dealer’s Trial Set for June 15, 2009

Flanked by his attorneys, retired auto dealer James Pflueger, 82, pled “not guilty” via video feed to Kauai’s Fifth Circuit Court to 7 counts of manslaughter and 1 count of reckless endangerment in the first degree, filed against him November 21, 2008, by the state of Hawaii over the March 14, 2006, breach of his Ka Loko Dam.

The breach on the North Shore of Kauai killed Alan Gareth Dingwall, Daniel Jay Arroyo, Rowan Grey Makana Fehring-Dingwall, Aurora Solveig Fehring, Christina Michelle McNees, Timothy Wendell Noonan, Jr. and Carl Wayne Rotstein and caused more than $100 million in property damage.

Citing poor health and a recent heart procedure, Pflueger did not make a personal appearance before Fifth Circuit Chief Judge Randal Valenciano and instead filed his plea from Oahu.

Pflueger’s arraignment was originally set for December 2, but the day before, his appearance was postponed to today because Pflueger’s attorney claimed his client could not sustain the 20-minute flight to Kauai.

Pflueger has hired well-known Los Angeles-based criminal attorney Brian A. Sun, to represent him along with Hawaii-based attorney William McCorriston. Sun’s bio says: “Brian Sun has earned a national reputation as a distinguished trial lawyer specializing in complex business litigation and white-collar criminal defense. He has successfully litigated cases against some of the nation’s top trial lawyers.” See Sun’s background here: http://www.jonesday.com/basun/

To accommodate Sun’s schedule, Pflueger’s trial is set for June 15, 2009, with a pretrial set for May 21, 2009.

If convicted, Pflueger could be sentenced for up to 10 years in prison for each of the manslaughter counts.

Pflueger’s lawyers already used the criminal charges against their client as a means to get two civil trials set for 2009 postponed, including a wrongful death suit in February and a property damage suit in September.

Fifth Circuit Court Judge Kathleen Watanabe, who is overseeing the civil litigation, recently granted a 7-month extension on the civil cases because of the criminal charges and encouraged the parties to settle quickly.

See related story: “Jimmy Pflueger Indicted for Manslaughter for Ka Loko Deaths”

(Source: Malia Zimmerman, Hawaii Reporter)

COURAGEOUS Hawaiian surfer Bethany Hamilton was less than one point short of becoming a world champion yesterday after losing to French surfer Pauline Ado at the Billabong World Junior Championships at North Narrabeen.

Without taking the spotlight away from Ado, it was Hamilton the crowd was cheering as the 18-year-old continued to show endless determination by taking on the world’s best with only one arm.

In 2003 Hamilton was surfing with her friends at Kauai on Hawaii’s North Shore when a 5m tiger shark attacked her, ripping off her left arm just below the shoulder.

Amazingly, she was back in the water in just three weeks, riding a special longer and thicker board that was easier for her to paddle.

At North Narrabeen yesterday Hamilton matched it wave for wave with Ado and had the chance to win the event on her last ride with less than one minute left.

The spectators leapt to their feet as Hamilton took off on what was one of the best waves of the heat, but after a series of turns that looked set to seal the match she came unstuck and lost the final by 0.96 of a point.

And even Ado thought it was game over as she heard the crowd cheering the Hawaiian on.

“I didn’t watch Bethany on her last wave but I could hear the crowd and commentators in the background,” Ado said.

“I thought she had won, but luckily for me it wasn’t to be.

“This is a dream come true. I can’t believe that I won. When I woke up this morning I never imagined this would happen.

“I have so much confidence now going into 2009. I really want to do well in the WQS and hopefully qualify for the ASP World Tour, but for now I’m just stoked to be the world champion.

Being the fighter she is, Hamilton took the loss in her stride and said she was happy with her effort.

“To make the final is really good for me, I haven’t had a good result for a while so hopefully this will give me some confidence for the rest of the year,” she said.

“I think nerves got the better of me in the final.

“I’m kind of bummed about that last wave, but I guess that’s surfing.”

Hamilton had earlier put paid to Australia’s chance of winning a fourth consecutive world crown in the women’s division by eliminating local favourite Laura Enever in the quarter-finals.

The men’s division should be wrapped up today and Australia’s hopes are pinned on Julian Wilson, Lincoln Taylor, Jayke Sharp and Stuart Kennedy to regain a world crown that hasn’t been on Australian shores since current world No. 4 Joel Parkinson won it as a junior in 2001.

One of Australia’s main hopes, Owen Wright from Culburra, yesterday bowed out of title contention when he was eliminated by French surfer Marc Lacomare.

(Source: The Daily Telegraph)

Sales of Big Island and Kauai homes continued to plummet in December, even as median prices fell, according to the latest numbers from the Hawaii Information Service.

Big Island home sales decreased 26.45 percent to 89 from 121 in December, despite a median price drop to $297,500 from $380,000 a year ago. 

Sales last month lagged in North Kona, which recorded 12 home sales compared to 32 a year ago.

On Kauai, home sales fell by 37.93 percent to 18 in December from 29 a year ago. The median single-family home price on Kauai fell by 20.80 percent to $495,000 from $625,000.

Home sales fell most dramatically in Koloa, where one home was sold compared to 11 in December of last year.

Condo sales for the Big Island and Kauai, meanwhile, continued to fall as median prices jumped higher.

On the Big Island, condo sales slumped 43.75 percent to 18 from 32 as the median price jumped 20.62 percent to $351,000 from $291,000.

On Kauai, condo sales fell by 30.77 percent to nine from 13, while condo prices rose by 45.35 percent to $625,000 from $430,000.

Last year, the sales volume for homes on the Big Island dropped 44.82 percent to $534.1 million from $968 million in 2007. A total of 1,136 existing homes traded hands in 2008, 32.54 percent lower than in 2007.

On Kauai, the sales volume in 2008 was at $251.2 million, down 36.43 percent from $395.1 million in 2007. A total of 283 existing homes traded hands in 2008, down 30.64 percent from 2007.

“We’re cutting expenses,” said Debra Blachowiak, principal broker of Sleeping Giant Realty Sotheby’s on Kauai. “Like any business, we’re trying to budget and cut expenses and hope for the best.”

The year 2009 will be a buyer’s market, although many buyers are still waiting for prices to drop even more, she said. Banks and appraisers are more conservative as well.

“We’re telling our sellers that the prices have to be competitive and aggressive or don’t put it on the market,” she said. “It’s not a good time.”

Blachowiak, a 30-year veteran of the real estate industry, said the market may stabilize this year. But she’s also realistic.

“I think it’s going to get worse before it gets better,” she said. “There’s still business, but my feeling is we are not at the bottom yet.”

(Source: Honolulu Star-Bulletin)

Kauai police identified two men found at the bottom of waterfalls last week. 

On New Year’s Eve, Clayton Carlson, 25, of San Luis Obispo, Calif., was found at the bottom of a 10-foot waterfall in Anini Stream by a visitor.

On New Year’s Day, Troy Paul Crawford, 40, of Kapaa was found at the bottom of Wailua Falls in Lihue.

Autopsies were performed on both men yesterday, Kauai officials said, and no evidence was found of foul play in either case.

(Source: Honolulu Star-Bulletin)

Oahu and Kauai residents can seek aid for damage from last month’s storms

President Bush declared Oahu and Kauai disaster areas yesterday, an action that provides federal aid to individuals and businesses, and for repair of public facilities damaged by mid-December storms.

The aid does not apply to damage caused by a more recent storm that knocked out electricity on Oahu.

Starting Dec. 10 and lasting six days, substantial rain pounded the two islands.

More than 500 Oahu residents reported damage to their homes, apartments or cars. Kauai residents also suffered losses.

Ray Lovell, spokesman for state Civil Defense, said officials roughly estimate that damage to private homes, property and farms could reach $40 million and that damage to public infrastructure could cost an additional $10 million to repair.

The federal assistance stems from a Dec. 24 request from Gov. Linda Lingle. The aid will be handled by the Federal Emergency Management Agency and the U.S. Small Business Administration.

It will include grants for temporary housing and home repairs. Low-interest disaster loans of up to $200,000 are available to homeowners for the repair or replacement of damaged or destroyed real property.

Homeowners and renters also can apply for loans of up to $40,000 to repair or replace personal property.

Businesses large and small can borrow up to $2 million to deal with damaged real property, machinery, inventory and other business assets.

Federal funding also will be available to the city of Honolulu and Kauai County, as well as certain nonprofit groups, on a cost-sharing basis for emergency work and the repair or replacement of damaged facilities.

The aid will not apply to agricultural losses. The U.S. Department of Agriculture is now reviewing a separate request from Lingle for that assistance, Lovell said.

Federal officials will soon open offices to process applications. In the meantime, the process can be started by registering online at www.disasterassistance.gov or by calling (800) 621-FEMA (3362), or (800) 462-7585 (TTY) for the hearing- and speech-impaired.

The toll-free telephone numbers will operate from 8 a.m. to 6 p.m., seven days a week, until further notice.

(Source: Honolulu Star-Bulletin)

From The Garden Island

Thursday is an important day for first-time homeowners, or residents who have not owned a home for at least three years.

One of the mandatory orientation meetings for the Kaua‘i Habitat for Humanity’s Partner Families will be at 6 p.m. in Hanapepe.

Kaua‘i Habitat is seeking families who own their own land but cannot afford the mortgage to construct their own home.

The land can be leasehold or fee simple land, and the title to the land must be clear and/or the lease to the property must be able to have a mortgage attached, according to a press release from Kaua‘i Habitat.

Interested families must meet Kaua‘i Habitat guidelines and the family’s overall net worth and the value of the land will be taken into account when making a Partner selection.

Kaua‘i Habitat is beginning the selection process for families to partner with Kaua‘i Habitat to build on six lots in Hanapepe and hopes to begin construction this spring.

Under an agreement with the state, Kaua‘i Habitat plans to build six self-help homes for low-income families on state land.

These lots will be leasehold with a 55-year lease with the possibility of renewal. Mortgages for the cost of building the home will be financed by the Kaua‘i Habitat for Humanity at 0 percent interest.

Interested families need to call the Kaua‘i Habitat office at 335-0296 to register for one of the mandatory orientation meetings. In addition to the meeting Thursday, another is scheduled for 10 a.m., Saturday, in Hanapepe.

Families need to be registered to be able to attend the meeting and receive an application for housing. The meeting location will be disclosed when the applicant registers.

Guidelines which will be used in the selection process include the family being a first time homeowner, or not have owned a home in the past three years.

Total family income must be between 30 and 80 percent of Kaua‘i median income and family household members must be willing to partner in good faith with Kaua‘i Habitat for Humanity.

At least 700 hours of “sweat equity” is one of the guidelines.

The family must have sufficient income after debt and bills to be able to make the mortgage payment, and must have a need for housing based on overcrowding, substandard conditions or housing is unaffordable based on income.

Kaua‘i Habitat is a local affiliate of Habitat for Humanity International, a nonprofit Christian housing ministry.

Habitat seeks to eliminate poverty housing and homelessness from the world and to make decent shelter a matter of conscience and action.

Kaua‘i Habitat was founded in 1993 after Hurricane Iniki swept through the island. Since then, Kaua‘i Habitat has completed 95 houses around the island from Hanalei to Kekaha, providing 522 people with safe, decent, affordable shelter.

For more information, call 335-0296 or visit the Kaua‘i Habitat Web site at www.kauaihabitat.org

• Dennis Fujimoto, photographer and staff writer, can be reached at 245-3681 (ext. 253) or dfujimoto@kauaipubco.com

(Source: The Garden Island)