A Honolulu businessman accused of illegally importing some of the confiscated fireworks that exploded and killed five men in a Waikele storage bunker in 2011 was found not guilty of all charges Wednesday.
A federal jury of seven women and five men found Gifford Koon Fo Chang, 45, not guilty of charges of smuggling, importing explosive materials without a license, and attempting to import explosives by falsifying statements.
The verdict came after a four-day trial before federal Judge Helen Gillmor. Chang hugged his lawyer, Birney B. Bervar, and embraced family members after the judge told Chang he was free to go.
Chang was accused of illegally importing fireworks that were among the confiscated fireworks that exploded in the bunker on April 8, 2011.
A crew was dismantling illegal aerial fireworks when the blast occurred. Killed in the explosion were Neil Benjiman Sprankle, 24; Robert Kevin Freeman, 24; Bryan Cabalce, 25; Justin Kelii, 29; and Robert Leahey, 50.
If Chang had been convicted, he would have faced up to 20 years in prison on the smuggling count, up to 10 years for importing explosives without a license and two years for making false statements.
In a statement outside the courtroom, Chang called his acquittal "a cherished moment," adding, "Any time your life is in jeopardy of being locked up and put in jail, it’s your freedom that’s being taken, and that’s the most valuable thing you could ever cherish."
Bervar said Chang never intended to import illegal fireworks, and said he had a legitimate business importing more than 30 containers of fireworks over 15 years starting in 1996. Inside one of the containers in 2009 were some fireworks that did not comply with Hawaii law regarding consumer fireworks, Bervar said.
An expert witness for the defense testified the manufacturer of those illegal fireworks apparently intended them to be consumer fireworks, "but lacking labeling requirements and some of the powder loads were off, they would not have been marketable as consumer fireworks," Bervar said.
"My client never got a chance to look at those fireworks, never took possession of them, didn’t even know, and the jury made the right decision," Bervar said.
He also said Chang had nothing to do with the Waikele explosion, which happened long after the government seized the fireworks Chang had imported in December 2009.
"The government took possession of them, the government stored them for almost a year and a half, and the government hired the people to dispose of them," Bervar said. "My client had absolutely nothing to do with that, and no responsibility for that."
After the verdicts were read and the court adjourned, Assistant U.S. Attorney Bill Shipley told spectators as he left the courtroom, "I guess you bear no responsibility for what you bring in."
Shipley declined further comment, saying he cannot discuss the trial due to civil litigation related to the case.
Chang has been free on a $100,000 property bond, and was required to suspend his importing of fireworks as a condition of his pretrial release.
Bervar said Chang continued to import consumer fireworks until 2010, when they were still legal, but stopped after he was indicted. Since then, new legal restrictions have essentially ended the consumer fireworks business in Hawaii, Bervar said.
Chang, who also has a real estate business, said he plans to focus his business activities in other areas.
"The first thing is just to bring back my name and do good for the community and do my public service and reach out to the community like anyone would and move on with my life … "
Donaldson Enterprises Inc., the company that employed five men killed in the bunker explosion, could face a $415,200 fine in connection with the incident.
In the aftermath of the explosion, the state Department of Labor and Industrial Relations’ Hawaii Occupational Safety and Health Division announced its investigation had found 11 possible causes for the blast. The agency proposed the $415,200 fine against Donaldson for violating health and safety laws.
The alleged violations included failure to use anti-static materials, failure to provide ample exits, and failure to keep employee cars, which can produce sparks, more than 50 feet from the bunker entrance.
Donaldson is appealing that fine, and the Hawaii Labor Relations Board is scheduled to hear that appeal on Jan. 15.