COURTESY THE HONOLULU POLICE DEPT.
The aftermath of the fireworks disposal accident of April 8, 2011 at a Waikele storage bunker.
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A federal judge Friday dismissed two felony charges against a local explosives disposal company and its owner in a criminal case stemming from the Waikele fireworks explosion that killed five employees on April 8, 2011.
U.S. District Judge Susan Oki Mollway dismissed charges of conspiracy to violate federal law regarding the knowing treatment of hazardous waste without a permit and making a false statement, which were brought against Charles Donaldson and the now-defunct Donaldson Enterprises Inc., a government subcontractor.
With the two counts dropped, three charges remain: treatment of hazardous waste without a Health Department permit; storage of hazardous waste without a Health Department permit; and treatment of reactive hazardous waste without a Health Department permit.
The criminal trial against Donaldson and his company began May 9.
The 2011 accidental explosion and fire took the lives of Bryan Cabalce, Robert Freeman, Justin Kelii, Robert Leahey and Neil Sprankle.
The order filed Friday said the ruling to dismiss the false statement charge is based on the court’s finding that there was a lack of evidence to support a conviction.
The company had a contract to dispose of fireworks seized by the federal government.
Donaldson Enterprises project manager Carlton Finley, who had been charged with the same crimes, pleaded guilty last month to a single misdemeanor charge of improperly storing explosive material, in a deal with the prosecutor.
