A man providing “muscle” for Miske was part of an earlier assault in a Waikiki club

Two witnesses who testified over the past week in the racketeering trial of former Honolulu business owner Michael J. Miske Jr. identified Andrew Albert Perry Kim as one of the attackers in a 2011 assault of a bartender from Miske’s M Nightclub. Miske allegedly accused the bartender of skimming money from his bar, and the victim was then severely beaten. He eventually lost an eye, believed to have been the result of trauma received in the 2011 attack.

The identifications came from two directions. The victim, David Bass, identified two of the men responsible as Kim and Alfredo Cabael.

Then Cabael, who testified this week in the Miske trial, described the assault from a participant’s perspective and said Kim, also known as “Drew,” had led the attack while Miske stood by.

I’ve seen Kim mentioned in other investigative documents for providing “muscle” for Miske, and for involvement in drug trafficking that allegedly occurred under the umbrella of Miske’s organization.

But the mention of his name reminded me of another attack he was involved in, and sent me digging back into my files.

Two years before Andrew Kim allegedly took part in the beating of bartender, he was took part in a similar assault at The Shack in Waikiki on December 1, 2009.

That incident happened just outside the club that, like Miske’s M Nightclub, had a reputation for violence. The Honolulu Star-Advertiser reported that between 2008 and 2011, The Shack had been “fined five times by the Honolulu Liquor Commission, including twice for failing to suppress violence against a customer.”

On this occasion, a man went to The Shack because he believed his girlfriend had been served a roofie while at the club. He entered and apparently confronted with one of the owners or managers.

“We were arguing, and I woke up on a stretcher,” he said later in a statement to police.

HPD Detective Bienvenido Villaflor later viewed a security video of the incident, and signed a statement describing what he saw in the video. Villaflor is the son of Ben Villaflor, the former pro boxer who has served as Sergeant at Arms of the Hawaii State Senate since 1979. A copy of the statement was included in the court file when felony assault charges were filed against Kim and a co-defendant several years after the attack.

“I observed a male known to me as “Drew,” Detective Villaflor said.

Villaflor said he was familiar with Andrew Kim, and a second man involved, Tory Winward, from previous encounters.

Interestingly, Winward was decribed as wearing wearing “a black t-shirt with a ‘Defend Hawaii’ logo.”

The company that produces and distributes the Defend Hawaii line of clothing and accessories is owned by Michael Buntenbah, also known as Michael Buntenbah Malone, one of Mike Miske’s co-defendants who is awaiting sentencing after pleading guilty to a charge of assault in aid of racketeering. He had been free on bond pending sentencing until his freedom was revoked, and his $250,000 bond forfeited, after he was caught in a video recording instigating an assault on a man in a Waikiki restaurant and bar.

According to Villaflor’s statement:

I observed KIM walk up to a male and punch the male in the face using his right fist. The male immediately dropped to the ground and appeared motionless. KIM then stood over the motionless male and appeared to throw two (2) more punches toward the male’s upper body. A heavy set male steps between KIM and the defenseless male. KIM appears to walk away, but quickly returns. The male victim appears helpless and incoherent. The male victim attempts to get up but is unable to do so.

KIM then walks up to the defenseless male victim and punches him three (3) more times in the face and kicks him with a soccer style kick to his face. The male victim quickly goes motionless again for a few seconds. He then slowly struggled to get up but appeared to be disoriented and dazed. The male victim falls down at least six (6) times while attempting to get to his feet. At one point, the male victim falls over a protective barrier used to block one of the escalators.

At this time, several bystanders appear to approach the male victim trying to assist him. At this time, WINWARD walks over and gets involved. WINWARD approached and stood over the defenseless male victim. WINWARD then threw a hard uppercut punch to the male victim’s face. The punch thrown by WINWARD caused the male victim to fly several feet away and back down to the ground.

KIM then grabbed WINWARD and stopped WINWARD from further advancing toward the male victim. The male victim again struggled to get up and appeared to be severely disoriented. The male victim was wobbling from side to side and struggled to regain his footing.

Both men later pleaded “no contest” to a reduced charge of asssault in the 3rd degree, a misdemeanor. They were each sentenced to one year probation.

Less than two years after the assault at The Shack, Miske was able to call on Kim to provide “muscle.”

Should the cats worry about the Ides of March?

I don’t know the answer to that one….

Poor Ms. Bessie came up short in the photo department this week. Somehow our schedules didn’t overlap much, and she stayed out of range of the camera.

But despite that, she gets the “photo of the week” award! Well, if I did have a “photo of the week” award, she would get it. You get the idea.

Anyway, without further ado, the cats.

Feline Friday: Beware the Ides of March

Doing Miske’s “dirty work”

On September 29, 2015, a former manager at Mike Miske’s Kamaaina Termite and Pest Control told federal investigators “that Miske utilized a group of guys to provide ‘muscle’” according to several similar affidavits by an FBI agent in support of search warrants filed in court less than two months later.

The agent’s affidavit explained the term “muscle” meant the men were used for “protection, extortion and violence.”

The former manager, now an FBI confidential informant, said the group included John Stancil, Wayne Miller, Mike Buntenbah, and Alfredo Cabael Jr. A fifth man was reportedly part of the group, but is not named here because he has not yet been charged with any crime, or appeared as a witness in the case.

Stancil and Buntenbah were charged along with Miske and 10 other co-defendants, while Miller was charged separately. All have pleaded guilty and admitted to being associated with Miske racketeering enterprise, and carrying out a variety of criminal acts at Miske’s direction, including physical assaults.

Cabael has not been charged in this case, but cell phone records obtained in 2015 showed he kept in touch via two burner phones used by Miske.

According to the FBI affidavit:

According to CI (confidential informant) reporting, Cabael was Miske’s “go to guy” who did Miske’s “dirty work.” In March 2014, according to the US Coast Guard Investigative Service, Cabael was the owner’s representative for Miske’s FV (Fishing Vessel) Rachel. Cabael’s lengthy criminal record from August 1990 to July 2015 include 30 arrests for abuse of a family member, reckless driving, terroristic threatening, drunk driving, theft, criminal trespassing, and burglary.

Miske is standing trial alone after all 12 of his former co-defendant pleaded guilty, including his brother, John Stancil, who appeared in court to enter his guilty plea just an hour before the trial was set to get underway.

Cabael appeared in Honolulu’s Federal District Court this week as a prosecution witness against his former friend and boss. This account is based on notes taken by volunteer trial observers. It is not a full review of his testimony, nor does include the substance of his cross examination by Miske’s attorneys. And, of course, the validity of the testimony will ultimately have to be determined by members of the jury.

That said, what a story he is telling.

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Buntenbah to challenge forfeiture of $250,000 mortgage

Michigan-based attorney Gary Springstead, who represents Michael Buntenbah, one of the original co-defendants of accused racketeering leader Mike Miske, is asking the 9th Circuit Court of Appeals in San Francisco to overturn an order forfeiting a $250,000 mortgage Buntenbah pledged to secure his release from detention.

A formal notice of appeal was filed in federal court this week.

Buntenbah had been named in a 22-count racketeering indictment in July 2020, along with Miske and 9 other co-defendants. He was released on bond pending trial several months later after putting up a $500,000 mortgage on his Kaneohe home to secure the bond. The mortgage was later reduced to $250,000.

He pleaded guilty in March 2022 to a charge of conspiracy to commit assault in aid of racketeering, and agreed to cooperate with prosecutors, including testifying against his former associates, including Miske, but was allowed to remain free pending sentencing.

He was released into the third party custodianship of a son, Thomas C.P. Malone, and was required to abide by a number of conditions. These included a prohibition on consuming any alcoholic beverages or using any illicit drugs, and an agreement to submit to random drug testing, and location monitoring.

Another condition provided: “Defendant shall not commit any offense in violation of federal, state, or local law while on release in this case.”

But Buntenbah landed back in federal custody in January after he was captured on video leading a group that assaulted several people in a Waikiki bar.

During a January 31 hearing, Buntenbah pleaded no contest and admitted to violating the conditions of his release. He was ordered back to Honolulu’s Federal Detention Center, where he is to be held until he is sentenced on the underlying offense.

Prosecutors then filed a motion seeking to forfeit the mortgage that had secured his release.

Federal Judge Derrick Watson, who is presiding over Miske’s trial, granted the forfeiture motion following a hearing on February 27.

Watson said a video of the incident clearly showed Buntenbah has instigated the fight, arriving with his two sons and several other men, apparently “looking for a fight.”

Springstead argued that it would have been appropriate for Watson to order forfeiture of a portion of the mortgage, but not the entire amount. After all, he said, no one was seriously injured.

But Watson called it an “egregious” violation of the conditions of his release.

“This is not a traffic violation, not a jaywalking episode, this is an outright assault in a commercial establishment where the victims were surrounded by average Joe,” Watson said.

Watson said the video clearly showed members of Buntenbah’s group had punched the victim until he fell to the ground, then Buntenbah joined them in kicking and stomping him while down.

Watson stated for the record his reasons for finding no mitigating circumstances to consider, and also noted that one of the men who took part in the assault was Buntenbah’s son, Thomas Malone, who had been named by the court as Buntenbah’s third party custodian. In that capacity, Malone was supposed to supervise his father’s compliance with all conditions of release. Instead, he took part in punching and kicking the primary victim of the assault.

Ken Lawson, a former defense attorney who handled a number of high-profile federal cases and is now a faculty specialist at the University of Hawaii law school, said judges generally have wide discretion in such matters unless it can be shown that there was an abuse of judicial discretion.

In the simplest terms, Lawson said, the appeal will have to show the judge had no legitimate reason for making the decision.

That appears to set a very high bar that will be difficult to overcome in this case, where the violent attack was captured on video and widely circulated on social media, and where the underlying racketeering charges against Miske and his co-defendants, including Buntenbah, involve using strong-arm tactics to silence his critics and intimidate business competitors, including several assaults recited in Buntenbah’s own written plea agreement at the time of his guilty plea.