LIHUE » Retired auto dealer James Pflueger faces a long-delayed trial in September after he declined to accept a plea agreement that would have dismissed his manslaughter charges related to seven deaths when the Ka Loko dam breached seven years ago.
Under the plea, he would have been found guilty of a significantly lesser felony of reckless endangering.
State prosecutors said Thursday their plea deal remains on the table and that it’s up to Pflueger to accept. Pflueger’s lawyers indicated that a plea deal is still possible.
But a relative of the victims said he is "happy" that the case is now set for trial.
Circuit Judge Randal Valenciano was scheduled Thursday to hear Pflueger withdraw his pleas of not guilty as part of the deal. But Deputy Attorney General Vince Kanemoto and Pflueger’s lawyer, William McCorriston, told the judge the agreement could not be reached.
Valenciano then set Sept. 16 for the start of what is expected to be two to three months of jury selection and trial.
Pflueger, 87, is charged with seven counts of manslaughter related to the breach of the dam, which sent hundreds of millions of gallons of water downstream March 14, 2006.
He is accused of filling in the dam’s safety spillway and disregarding the risk that his dam might break and kill people. His lawyers have argued that the filling of the spillway was not the cause of the breach.
Bruce Fehring, who lost his daughter, son-in-law and grandson in the disaster, attended Thursday’s hearing.
He said the relatives and friends of the victims are "happy that a trial date has been set, and hopefully justice will be done in this matter."
"We’re sorry that the wheels of justice have moved as slowly as they have, but we’re happy that it appears we’re moving forward at this point in time."
Pflueger’s criminal case has been pending for more than four years since he was indicted by the Kauai grand jury on the manslaughter charges in November 2008.
The proposed plea agreement called for the state to dismiss the seven counts of manslaughter against Pflueger and for him to plead guilty or no contest to reckless endangering, according to sources knowledgeable about the case but who do not want to be identified because of the confidential nature of plea negotiations.
A plea of no contest would lead to the judge finding him guilty.
Manslaughter carries a prison term of up to 20 years. Reckless endangering carries a sentence ranging from probation to up to five years in prison.
Under the proposed deal, Pflueger’s company would plead no contest or guilty to seven counts of manslaughter. There is no prison sentence for a company, but it would face fines totaling up to $350,000.
Kanemoto said he wasn’t disappointed that an agreement was not reached. He said it’s Pflueger’s "prerogative" on whether he wants to agree to the deal.
Kanemoto said he will set a deadline for Pflueger to accept the plea agreement.
Pflueger’s trial had been repeatedly delayed, including the latest postponement because of the plea negotiations.
Valenciano said part of the reason for postponing the trial, which had been set to start last year, was to await the outcome of Pflueger’s federal tax trial. Pflueger had been under a federal indictment returned in 2010, but he was acquitted by a federal judge last month of all four tax fraud and conspiracy charges.
"Who do I call to get my reputation back?" he asked as he left the federal courthouse.
Pflueger attended Thursday’s hearing to affirm that he was waiving his rights to a speedy trial.
McCorriston spoke on Pflueger’s behalf after the hearing. He declined to say why the deal wasn’t finalized, but said there may be future discussions on the matter.
McCorriston refused to speculate on whether Pflueger would have accepted the plea agreement if he had been convicted in the federal case.
"If you know Jimmy Pflueger, you know that he’s his own man," McCorriston said.
