Man accused of 2021 Hawaii murder has pretrial release bid denied by federal judge in San Francisco
A man accused of a 2021 murder in Hawaii had an audacious bid for pretrial release rejected today by a federal judge in San Francisco.
Filimone Tavake is accused of shooting and killing Malakai Maumalanga over a dispute about payment for illegal narcotics. Prosecutors say that the defendant flew regularly between Hawaii and the Bay Area in service of what they claim was a large-scale drug running operation.
“This is not an easy decision, but I’m going to order you detained pending trial,” said U.S. Magistrate Judge Alex Tse at the conclusion of this morning’s hearing.
Assistant Federal Public Defender Tamara Crepet, had asked the court to allow Tavake’s release on a GPS ankle monitor. She pointed to the “dearth” of evidence – “all we have are bare assertions” – and her client’s relatively sparse criminal history and strong family ties to the Bay Area.
Assistant US Attorney Maya Karwande told the court that Tavake was part of gang trafficking methamphetamine from the Bay Area to Hawaii where, she explained, it commands a much higher price than in California. Other gang members accused of involvement in the murder had already fled, she said.
“He is a citizen of Tonga,” she added of the defendant. “He has resources in Tonga…he is facing a life sentence, he has every incentive to flee.”
Crepet pressed the Government to provide details of her client’s supposed gang involvement, or his connection to a 650-area code phone number from which it is alleged text messages were sent to the victim, or his connection to a rental car supposedly involved in the crime.
Karwande adamantly refused to be drawn today on those issues.
“This offense took place in March 2021 – three years ago,” said Crepet. “That’s either because they didn’t think it was a priority…or they had a really hard time piecing together this case.”
“There is a risk of non-appearance,” concluded Tse, “I think that the ties to Tonga are significant enough that, given the consequences of his criminal case, it does pose a risk of non-appearance.”
“And I do think there is enough to warrant [a finding of] danger,” he said. “I do hear what you say that the evidence is thin, but it is sufficient for this motion,” he told Crepet.
Crepet advised the court that she would consult with federal public defenders in Hawaii on next steps that she might well ask for the case to be transferred to this Northern District of California.
“Everyone on the government side is interested in getting this case to Hawaii,” replied Karwande.
“We would oppose any transfer to here; the crime took place in Hawaii.”
Several family members of the defendant were present in court this morning.
The case continues.
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