Two charges against former Honolulu business owner Michael J. Miske Jr. have been dismissed by federal Judge Derrick Watson in a 9-page order filed at 2:33 p.m. Monday afternoon.

Counts 8 and 9 of the third superseding indictment charged Miske with attemped murder in aid of racketeering, and corrying and using a firearm in a crime of violence, both stemming from the ambush of Lindsey Kinney at Kualoa Ranch in 2017.

Watson said the government had failed to establish Miske’s intent to murder Kinney, and that evidence presented was not sufficient to establish intent.

“There is simply no way a rational trier of fact could construe this testimony, along with the other evidence in the record, as shedding any light on the intent necessary for a conviction under Count 8,” Watson’s order says. “Therefore, the Court finds that Miske is entitled to judgment of acquittal on that count.”

Similarly, since the associated count of carrying a firearm requires conviction on the crime of violence, in this case the murder of Kinney, the firearm charge is also without sufficent evidence.

Prosecutors had previously dismissed Count 16 of the indictment, which charged Miske with being part of a general drug trafficking conspiracy with other associates. However, a similar drug trafficking conspiracy charge stemming from a failed 2014 cocaine buy in California remains.

Watson denied challenges to three counts relating to the use of the chemical chloropicrin in attacks on two nightclubs that competed with a nearby club that Miske owned and operated, as were Miske’s challenge to two bank fraud charges stemming from the alleged submission of falsified documents in support of vehicle loans from the Bank of Hawaii.

Watson’s order, which appears below, means the remaining 16 charges Miske faces remain. [An earlier version of this post incorrectly reported there are 17 remaining charges.]

Miske’s attorneys will begin presenting the defense case on Wednesday morning, June 12.

ORDER GRANTING IN PART AND DENYING IN PART MICHAEL J. MISKE JR.'S MOTION FOR JUDGMENT OF ACQUITTAL by Ian Lind on Scribd