Another shoe has dropped for former Kamaaina Termite & Pest Control owner, Michael John Miske, Jr., who is being held in the Federal Detention Center in Honolulul pending trial on a variety of charges, including four that carry a maximum sentence of death. Prosecutors allege Miske directed and controlled a racketeering conspiracy that used violence and threats of violence over two decades to profit himself and other members and associates of his gang.

On Monday, May 24, it was disclosed that a second of Miske’s ten co-defendants has elected to cut a deal, plead guilty in exchange for dropping several charges, and cooperate with prosecutors, including testifying at trial if requested.

The plea agreement was disclosed by Beverly Hills attorney Ronald Richards in a motion filed yesterday in Honolulu’s US District Court asking that Norman Akau III now be released from custody pending sentencing.

Akau has “a fully executed plea agreement” which admits he was part of Miske’s racketeering enterprise, according to Richards’ motion. This offense carries a maximum 20 year sentence, but does not have a minimum sentencing floor. In exchange for Akau’s guilty plea and willingness to cooperate, prosecutors have agreed to drop four additional counts involving drug and weapons offenses, which had included a potential life sentence with minimum of 15 years behind bars.

At the time of his arrest, Akau had been working as a rigging grip for more than a decade, setting up and dismantling cameras, equipment, and scenery on movie and television productions in Hawaii. He was also an executive board member of IATSE Local 665, the Hawaii local of the International Alliance of Theatrical Stage Employees, the union representing stagehands.

The plea agreement itself has not been filed in court or approved by the presiding judge in the case, so details of what Akau has admitted to are not yet publicly known. Once the deal is approved by the court, and made public, Akau will be the eighth person to have “flipped”, and the second of Miske’s co-defendants to do so. All have agreed to share information with prosecutors, and to testify at trial if asked.

Early this month, Hunter Wilson became the first of Miske’s co-defendants to sign off on a plea agreement, and a similar plead-and-release pending sentencing deal was approved by Judge Derrick Watson. Wilson’s sentencing was just delayed from August 24 to January 12, 2022, giving him more than four additional months of freedom before he will have to begin serving any sentence.

Last year, Magistrate Judge Kenneth Mansfield had ordered Akau held without bail until trial. At that time, prosecutors argued Akau was “a clear and present danger to the community.” They alleged he “participated in and facilitated the distribution of controlled substances” and was a “principal figure” in a 2016 armed robbery of another drug dealer, and also faced separate charges of carrying and using a firearm in a drug trafficking crime and a crime of violence.

However, Richards motion argues that Akau’s plea agreement has resulted in four of the five charges against him being dropped, including the drug and weapons charges, and that the legal terrain has therefore changed.

The defendant had five counts pending at the time of arrest. The defendant has now signed plea agreement for one count, count one. Counts 16-19 are going to be dismissed pursuant to the plea agreement. Instead of facing a life sentence, the defendant now has a 20-year statutory maximum. Instead of facing a 15-year mandatory minimum, he has no mandatory minimum in Count one. Pretrial previously found that flight risk was ameliorated by the close ties to Oahu and conditions that could be imposed by this Court. The defendant has never traveled internationally, does not maintain a passport, and has all of his family ties in Oahu and Hawaii.

Akau’s family has offered to put up a $250,000 unsecured bond, and also offered the family home as secured collateral.

Richards motion argues that Akau now has every incentive to comply with any conditions imposed on his release, ask asked the court to give these considerations substantial weight.

Mr. Akau is 48 years old. He has his entire life ahead of him and three young kids. He has always lived with his father and to suggest he would jeopardize his wife’s home, his kid’s home, and his father-in-law’s home, for a bond violation is inconsistent with his behavior in court. He has no failure to appears, he serves any sentence imposed, and is cooperative if there is a warrant for his arrest. He has no history of not following the court’s rules. In this case, he is also resolving his case with a plea agreement that provides him hope and opportunity to do the best he can in a lawful and truthful manner.

This is someone who is trying to change his life, not ruin the rest of it by violating a court order which would not only affect him, but everyone that is dear to him.

Akau and his attorney were obviously careful observers of Wilson’s plea deal, which for the first time offered both a reduced potential sentence and release from custody pending sentencing. Those must appear as powerful incentives to the defendants who have now served almost 11 months behind bars.

Hearings on Akau’s motion for release on bond, and on his plea agreement, have yet to be scheduled.