No bail for extortion suspect

As he was being arrested, one of three men accused of extortion to take over The Shack Waikiki said fighting was an acceptable way to "settle a business dispute," a federal prosecutor said Wednesday in court.

"‘If someone owes you money, they deserve whatever they get,’" defendant Curtis Swanson said, according to federal prosecutor Thomas Brady.

"‘It is perfectly acceptable to fight or get in a fight to settle a business dispute,’" Brady quoted Swanson as saying.

U.S. Magistrate Judge Richard Puglisi ordered Swanson, 44, to remain in custody without the opportunity for bail. Swanson was arrested Monday along with Tory Winward, 44, and Jesse Yoshino, 30.

Swanson, Winward and Yoshino are accused of using threats and violence to force out the owners of the restaurant and bar where the beating of one of the owners was captured by security cameras.

In reference to the beating caught on video, Brady said Swanson explained he was there to back up Winward.

Based on Brady’s representations and Swanson’s criminal history — which includes convictions for drug promotion, firearms possession, probation violations and multiple contempt-of-court offenses — Puglisi ordered Swanson to remain in custody.

A bail hearing for Winward is scheduled for today. Yoshino will find out Friday whether he will get an opportunity to post bail.

Andy Lindberg and Brendan Burchfiel were two of the owners of The Shack Waikiki when it opened in 2008. Winward was a silent minority owner.

The FBI said in a criminal complaint that Lindberg relinquished his 51 percent ownership to Winward for no compensation last September because he feared Winward and Swanson. The FBI also said security cameras recorded Yoshino attacking and repeatedly punching Burchfiel in the restaurant last November and Winward punching Burchfiel in July during a meeting with other employees in the restaurant’s office.

After the July meeting, Winward told restaurant managers that Burchfiel and his wife had been fired.

The three are also accused of extortion for allegedly demanding money from a business that did promotional work for liquor companies at the restaurant.