Pflueger indicted in Kaloko breach
| • | Dam law stricter, but budget short |
By Rick Daysog
Advertiser Staff Writer
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More than two years after the deadly collapse of the Kaloko Reservoir dam, a Kaua'i grand jury yesterday indicted former car dealer James Pflueger on manslaughter charges.
Seven people died on March 14, 2006, when heavy rain caused the dam to breach, unleashing a 400-million-gallon torrent downstream.
The grand jury indicted the 82-year-old Pflueger on seven counts of manslaughter and one count of criminal endangerment, saying he "recklessly" caused the deaths and threatened the life of another.
"We believe that the evidence justified the presentation to a grand jury of a case charging James Pflueger with manslaughter," said Attorney General Mark Bennett, who will personally handle the case.
Bill McCorriston, Pflueger's attorney, said his client will plead not guilty, adding that the state is unfairly blaming Pflueger for the disaster.
"We are confident Jimmy will be vindicated in the jury trial where he will certainly be found innocent," McCorriston said.
"I just don't see a criminal case against Jimmy Pflueger."
If convicted, Pflueger faces a maximum of up to 20 years in prison for each of the manslaughter charges.
McCorriston said Pflueger plans to surrender to authorities as early as next week.
He said Pflueger, an ex-Marine, was "devastated" by the indictment.
In August, Pflueger underwent heart surgery and recently had to have follow-up surgery because of complications.
"He's disappointed and he's hurt," McCorriston said.
"You can imagine what kind of holiday they (Pflueger and his family) are going to have."
FEW DETAILS RELEASED
The victims were 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.
All seven had been sleeping in houses on property owned by the Fehring family when they were washed away by the flood.
Roger McNees, father of 22-year-old Christina McNees, would not comment on the indictments when reached at his home in Washington.
"I've heard nothing about that, so I don't know what I can say at all," McNees said.
"I would rather not discuss the case right now. It's still up in the air."
Rick Fried and Teresa Tico, attorneys for the families, also would not comment.
"We actually have explained to our clients that they are unable to make any comment to the media at this time because we don't want there to be any interference with the criminal investigation, so they are not talking to the media," Tico said.
Bennett said he expects that the trial will be held on Kaua'i, but McCorriston said Pflueger's criminal attorneys are considering a change of venue because his client may not be able to get a fair hearing on Kaua'i.
Yesterday's indictment provided few details about Pflueger's alleged role in the collapse of the dam and Bennett would not discuss specifics of the state's two-year investigation.
But he said the state isn't likely to seek criminal charges against others in the deaths.
TAMPERING PROBE
Earlier this week, the grand jury heard testimony from several witnesses, including a former Kaua'i County engineer, a worker from the state Department of Land and Natural Resources and the state's expert, University of Hawai'i engineering professor Horst Brandes.
The grand jury, which was directed by Bennett and Deputy Attorney General Mark Miyahara, also questioned a trustee of the Mary N. Lucas Trust, which owns nearby land, and an employee of the local civil engineering and landscaping firm Belt Collins.
The state has been investigating whether Pflueger or anyone else tampered with the earthen dam and contributed to its failure.
Investigators and their experts had focused on whether a key safety feature, the spillway, was filled in. The concrete spillway was designed to automatically let water flow over the dam to relieve pressure during heavy rain or flood conditions.
Yesterday, McCorriston said his client did not fill in the spillway and did not instruct any of his employees to do so. He added that an expert recently said the dam did not fail because water spilled over the top but that the century-old dam "exploded from the bottom."
He said Pflueger does not own the dam and that a private company, Kilauea Irrigation Co., is responsible for its upkeep.
"There is no evidence that Mr. Pflueger filled the spillway or that he authorized the filling of the spillway," McCorriston said.
OTHER LAWSUITS
The indictment is just one of several legal actions involving the embattled Pflueger.
Relatives of the victims and several nearby residents, including entertainer Bette Midler, have sued Pflueger for damage they allege was caused by the Kaloko dam breach.
Pflueger, in turn, has sued the state and C. Brewer & Co., the former owner of Kaloko Reservoir, alleging they knew about possible problems.
McCorriston said he may seek a postponement in the February trial over the civil lawsuits filed by the victims' relatives. Fried, however, said he expects the trial to go on as scheduled.
Earlier this week, McCorriston argued before Kaua'i Circuit Judge Randal Valenciano that the state attorney general's office should be disqualified in the case due to conflict of interest.
While pursuing the criminal case, the AG's office also is defending the state from civil lawsuits stemming from the Kaloko tragedy.
McCorriston also argued that the state should have provided the grand jury with evidence favorable to his client. For instance, the state previously classified the Kaloko structure as a "low hazard" dam that would cause no damage if it were to break, he said.
Bennett has denied a conflict and Valenciano dismissed the disqualification motion.
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KALOKO DAM TIMELINE
February-March 2006: Heavy rain falls for seven weeks before the dam breach. During those 42 days, 111 flash-flood warnings are issued for various sites in Hawai'i.
March 14: A 200-foot-wide breach of the earthen dam before dawn unleashes almost 400 million gallons of water in the worst natural disaster on Kaua'i since Hurricane Iniki in 1992. Seven people die: Aurora Fehring, 24; her husband, Alan Dingwall, 30; the couple's child, 2-year-old Rowan Fehring-Dingwall; Christina McNees, 22; McNees' fiance, Daniel Arroyo, 33; Wayne Rotstein, 49; and Timothy Noonan, 37. All seven had been sleeping in houses on the Fehring property that were washed away. The flash flood also uproots homes, explodes power transformers and leaves dozens of trees bobbing in the ocean.
March 15: Kaua'i County launches an investigation into whether homes and other structures lost in the flood were properly permitted and were built outside the flood zone.
March 16: State attorney general's office opens a broad investigation. The office issues subpoenas to the Mary N. Lucas Trust and Jimmy Pflueger, owners of the land on which Kaloko Reservoir sits.
March 17: Gov. Linda Lingle asks the Legislature for an emergency disbursal of $14.3 million to cover the cost of storm recovery. A computer model shows that as the water roared through the steep valley, it was 20 feet deep and moving at up to 20 mph. Where the land flattens, the flood broadened, thinned to 10 feet and slowed to 10 mph. After it crossed Kuhio Highway, it picked up speed and depth.
March 19: A memorial service is held for the victims.
March 20: Engineers launch an unprecedented inspection of Kaua'i's 54 reservoir dams, going in by foot, four-wheel-drive and helicopter.
March 24: State and federal crews use radar surveying equipment to map Kaloko dam — including an area described as its spillway. The spillway — and whether it had been altered — emerges as a central issue. A damage assessment finds that more than 50 homes on Kaua'i suffered damage as a result of the rain and dam breach. Of those, two were destroyed and four sustained major damage.
May 2: President Bush declares a major disaster in the spring floods, which qualifies Hawai'i for federal disaster relief. The state estimates that damage from the dam failure and severe flooding on Kaua'i and O'ahu could exceed $50 million.
May 10: Disclosed records show a joint state-federal report issued in 1984 identified problems with the structural stability of Kaloko dam and estimated the cost of repairs at $1.9 million. No records have been found that show repairs or any follow-up were conducted.
Jan. 9, 2007: An independent civil probe into the Kaloko dam disaster concludes that the dam probably failed because its emergency spillway had been covered.
March 11, 2008: Two O'ahu engineering firms employed by Jimmy Pflueger for work on his Kaua'i property that includes Kaloko dam were sued in connection with dam failure. They are accused of failing to "take appropriate actions to correct a 1997 grading violation — including removal of material that covered the spillway, and/or notifying the county of the precise area filled in 1997, including the spillway."
July 21-22, 2008: A special grand jury convened by the state attorney general in the case meets on Kaua'i. This week: Witnesses testify before a second grand jury looking into potential criminal charges against Pflueger in the dam breach.
Yesterday: A Kaua'i grand jury indicts Pflueger on criminal manslaughter and reckless endangerment charges. The secret panel charged the 82-year-old Pflueger on seven counts of manslaughter for altering the dam, contributing to the deaths.
— Advertiser Staff |
Advertiser reporter Kevin Dayton contributed to this report.
Reach Rick Daysog at rdaysog@honoluluadvertiser.com.
