At the end of a court hearing on Thursday morning, a state court judge threw out two felony assault charges against a former bouncer at Michael Miske’s M Nightclub because prosecutors took too long to get the case, which was originally filed in mid-2017, to trial.

Circuit Court Judge Fa’auuga To’oto’o granted a motion by Deputy Public Defender Reiko Ann Bryant to dismiss the charges against Michael Buntenbah, but dismissed them “without prejudice,” meaning it is legally possible for new charges to be refiled. Whether or not prosecutors will choose to pursue new charges is uncertain at best.

Buntenbah still faces federal criminal charges as part of the case against what federal prosecutors are calling the Miske Enterprise, as well as a foreclosure lawsuit seeking over $1.7 million.

The state criminal charges stemmed from a January 2016 assault against several men at the M Nightclub in downtown Honolulu, which was one of several local companies controlled by Michael J. Miske, Jr., and allegedly used as part of a long-running racketeering conspiracy directed by Miske.

Prosecutors allege Buntenbah was a bouncer at the club, and had been identified several times as the person who beat and seriously injured two of the victims.

Bryant successfully argued the length of time between the charges being filed and the trial, which had been scheduled to begin next month, exceeded the 180-day limit provided by Rule 48 of the Hawai‘i Rules of Penal Procedure, even after exclusion of delays requested or agreed to by the defense. Rule 48 is intended to assure a speedy trial, but its simple 180-day deadline is separate and distinct from the closely related constitutional right to a speedy trial.

Bryant and Deputy Prosecuting Attorney Lawrence Sousie each submitted legal memos spelling out conflicting calculations of the number of days that should be counted in determining whether the time limit had been exceeded. The totals calculated by the two attorneys differed by only a few days, straddling the 180-day limit.

However, Judge To’oto’o said his staff had carefully reviewed minutes of more than four years of court proceedings in the case, and compiled their own count of the delays.

In the end, it wasn’t a close call. Based on this procedural history, the court’s calculations found the delay exceeded the 180-day limit by 50 days.

However, citing the seriousness of the felony charges and allegations of serious bodily injury, To’oto’o ruled the charges would be dismissed “without prejudice.” In addition, To’oto’o rejected Bryant’s request for a six-month deadline for refiling new charges.

It is the second time Buntenbah was faced state assault charges for an incident at Miske’s nightclub but was saved by the bell when prosecutors failed to provide a speedy trial.

Buntenbah was charged third degree assault in 2013 for allegedly attacking Frederick Williams, brother of NFL star lineman Trent Williams, several days before the Pro Bowl. In the highly publicized incident, Trent Williams was allegedly hit on the head with a champagne bottle wielded by Miske, who was also charged along with his half-brother, John Stancil. All charges were dropped when the prosecutors were not ready for trial because their prime witnesses, the Williams brothers, declined to return to Hawaii to testify at trial, and a request for a continuance in the case ran afoul of the same Rule 48 deadline.

Although Buntenbah is at least temporarily out from under the state charges, he is one of eleven co-defendants charged in the federal racketeering case against Miske, former owner of Kamaaina Termite and Pest Control, Kamaaina Plumbing, Leverage Inc (which operated M Nightclub), and several other businesses, including a company which owned and operated a long-line fishing vessel. Prosecutors allege Miske controlled and directed a criminal organization over a span of two decades which was involved in everything from murder and kidnapping to drug trafficking and bank fraud.

Charges against Buntenbah include two counts of conspiracy to distribute illegal drugs, which carry a maximum sentence of life in prison and a 10-year minimum term if convicted, and a single count of “Assault in aid of racketeering,” which appears to be related to his role in assaults while working at the nightclub.

Trial in the federal case against Miske, Buntenbah, and others, is current scheduled for September 2022.

The two criminal cases are not Buntenbah’s only immediate worry. He is also facing a foreclosure lawsuit involving a home on Halai Street in Hauula. Real estate records show Buntenbah bought the 3 bedroom/2 bath home on a one-acre lot for $1 million on August 21, 2006, and sold it via an agreement of sale just eight days later for $1,233,000.

A foreclosure lawsuit, filed in 2016 by Wilmington Trust, NA on behalf of the lender, alleges Buntenbah is still the registered owner of the property, although it names several other individuals, including the buy under the agreement of sale and two others, as defendants as well. In a court filing last month, Wilmington Trust says Buntenbah owed a total of $1,751,229.17 as of August 28, 2020, including the principal balance of $800,000, along with interest, late charges, and other costs. In addition, it was accruing additional interest of $153.59 daily.

The property was appraised for real property tax purposes at $1,029,200 for 2021, city property tax records show.

Buntenbah is currently free on bond pending trial, subject to restrictions on travel, GIS tracking, and is “restricted to [his] residence every day during the curfew hours as determined by Pretrial Services.”