One of Mike Miske’s original co-defendants who was arrested and charged in July 2020 in the federal racketeering and drug trafficking case targeting Miske, the former owner of Kamaaina Termite and Pest Control and other islands businesses, has been free on bond since his release just a week after his initial arrest.
Preston Kimoto was originally placed under house arrest and allowed to leave his home for limited purposes, including going to work, to medical appointments, or to appear in court. Late last year, after complying with the terms of his release for nearly 1-1/2 years, Kimoto’s restrictions were reduced to a late night curfew, along with GPS monitoring.
Kimoto served as sales manager at Kamaaina Termite and Oahu Termite, after Miske took control of the latter company. He also held a car salesman’s license with Hawaii Partners, another Miske-owned company that was licensed as a used car dealer.
Now Kimoto’s attorney has made a new request, asking the court to end both the curfew and location monitoring, the last remaining restrictions on Kimoto’s activities. Kimoto also put down $5,000 cash, or 10% of the $50,000 bond required by the court prior to release. The bond will remain in place whether or not the latest request is granted.
“Mr. Kimoto has lived in the same residence with his family, which includes his longtime girlfriend and three children,” Kimoto’s attorney, Cynthia Kagiwada, wrote in a motion filed in court last week. “He has been gainfully employed over the last five months. When he is not working, Mr. Kimoto takes care of his three children as his girlfriend works fulltime.”
Federal law requires the court to allow pretrial release “subject to the least restrictive further conditions or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community.” Kagiwada argued that the $50,000 bond already imposed by the court is sufficient to assure both the safety of the community and Kimoto’s appearance in court.
Prosecutors oppose any changes in court-imposed conditions of release, saying Kagiwada “has offered no valid, compelling basis for making any change” to the existing conditions.
In a court filing opposing the requested changes, prosecutors questioned the reason for the requested loosening of restrictions, arguing that it isn’t clear “what types of jobs the defendant would be prevented from obtaining by the current conditions of release.”
Kimoto is named in three separate charges included in the 22-count federal indictment of Miske and his co-defendants. He is charged with being a willing participating in Miske’s alleged racketeering and drug trafficking conspiracies, and faces a 10-year minimum sentence if convicted on the drug conspiracy charge.
Aocording to prosecutors, “during drug transactions he conducted just outside of Kama’aina Termite & Pest Control (KTPC), the headquarters of the Miske Enterprise, Kimoto promised the backing of Miske and the Enterprise to ’tax‘ or collect unpaid drug debts as an incentive for the customer to do drug business with him.”
“Kimoto’s conversations were recorded and he was under law enforcement surveillance when he conducted multiple drug transactions at KTPC,” according to previously filed court documemnts.
In addition, prosecutors allege Kimoto was a key participant in the kidnapping of a 72-year old accountant in October 2017. Prosecutors say two other men kidnapped and beat the accountant while demanding money, and later drove to Miske’s Kamaaina Termite office in Kakaako, where they conferred with Kimoto before releasing the accountant. Kimoto was apparently under electronic surveillance at the time.
A hearing on the motion to drop the location monitoring and curfew is now scheduled for Monday morning, April 4, before Magistrate Judge Kenneth Mansfield.
The 2020 indictment, and a superseding grand juring indictment issued a year later, allege that Miske controlled and directed the activities of a racketeering organization prosecutors refer to as the Miske Enterprise. Twelve co-defendants, including Kimoto, were also named in the indictments, all but one charged being part of Miske’s racketeering conspiracy, and all face charges stemming from specific crimes committed under the umbrella of the enterprise, including kidnapping, assault, murder for hire, drug trafficking, bank fraud, and weapons offenses. Five of the original defendants have already cut deals with prosecutors and have pleaded guilty. They are awaiting sentencing.
Two other Miske co-defendants—former business partner, Jason Yokoyama, and Delia Fabro-Miske, who was married to Mike Miske’s late son and later was named an officer of several Miske-owned businesses—are also free on bond pending trial.
Three defendants—Hunter Wilson, Michael Buntenbah, and Kaulana Freitas—have pleaded guilty, are cooperating with prosecutors, and are currently free on bond pending sentencing.
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My humble opinion? IF released, he will not live to testify.
If he’s given freedom Is work. And all he does is take care of his kids. He iis lucky to be on the outside for now. New considerations should be out of the question. Even if he sings like a bird