Pflueger close to
coral reef plea dealThe retired auto dealer faces
charges after construction triggered
a damaging landslide
LIHUE >> State prosecutors and retired Oahu auto dealer Jimmy Pflueger have reached what Pflueger's attorney termed a "potential" plea agreement on a series of criminal charges stemming from the Nov. 26, 2001, landslide on Pflueger's North Shore Kauai property that damaged a coral reef.
A hearing had been scheduled for this morning in Kauai Circuit Court to set a trial date for Pflueger on 14 counts of violating state clean-water laws. The landslide covered the reef adjoining Pflueger's proposed Pilaa Bay subdivision in mud.
A new court date has been set for May 18 at which Pflueger may or may not plead to all the charges.
Pflueger's attorney, Ben Cassiday, said yesterday that Pflueger has agreed to plead no contest to all counts.
But he said an indication that the state attorney general's office will file a motion asking the judge to accept only a guilty plea would void the agreement.
While it would make no difference in terms of the criminal case, there is a huge difference in the outcome of the pending lawsuits against Pflueger, Cassiday said.
With a no-contest plea, he would not be admitting responsibility. With a guilty plea, he would be stating he caused the landslide, and that could be used as evidence against him in the civil cases.
"There are 19 jillion civil cases out there," Cassiday said.
Pflueger has been sued by Kauai County, the state, the federal government, environmental groups and Pilaa Beach residents.
All of the cases have been consolidated in U.S. District Court in Honolulu to work out a single settlement. Talks have been going on for more than a year.
Cassiday said that although Pflueger potentially faces as much as three years in prison on each of the 14 counts, "In reality, I expect probation and a huge fine," Cassiday said.
Pflueger also is facing fines from the state Department of Land & Natural Resources and the U.S. Environmental Protection Agency.
He has spent more than $7 million cleaning up the reef, Cassiday said.
A year ago, Pflueger pleaded no contest to three Kauai County misdemeanor charges. He was fined $3,000 and ordered to perform 450 hours of community service.
The landslide resulted from Pflueger building a road from his planned subdivision atop a bluff to Pilaa Beach.
While the road was under construction, a major rainstorm hit the area, and the entire face of the bluff collapsed.
Pflueger has since announced he has abandoned plans to build the subdivision.
