Former NFL player and Wailuku couple granted restraining orders

Both sides clashed over access to property in Iao Valley

A Wailuku District Court judge granted temporary restraining orders for former NFL player Mitchell Loewen and Wailuku couple Preston and Sharisa Kepano following multiple arguments over access to Loewen’s property in Iao Valley.

Judge Chris Dunn said Monday that all of the petitioners “proved their cases by clear and convincing evidence” that each of them have been physically harmed or suffered bodily injury or assault or have been threatened with imminent harm and/or bodily injury or assault.

Loewen, a former football player for Lahainaluna High School who also played briefly for the New Orleans Saints, filed for a temporary restraining order against both of the Kepanos, who each filed for a temporary restraining order against Loewen.

“There is clear and convincing evidence that I legally bought this land,” Loewen said in court Monday. “I’ve obtained a loan from the U.S. government to buy this land.”

Confrontations between the two sides stemmed from an easement that Loewen and other neighbors use. Loewen said he bought additional land to use to access his property and that the Kepanos have caused problems at both accessways.

“I’ve done every step that I could to make this deal as legitimate as I can,” Loewen added. “This family has continuously given me problems.”

Loewen said he didn’t want to see the confrontations escalate because he and his family will be moving to the parcel soon.

But Michael Collins, the Kepanos’ attorney, said the land ownership issues are irrelevant; what matters is who is physically harming whom, pointing out that his clients have reported their physical injuries with photographs.

Collins said his clients “are scared of” Loewen, who is much bigger than them at more than 6 feet tall and was able to tug and pull a chain that three adults were holding on to in one incident.

“They are scared of him and for good reason because it’s not just that first incident. It’s the second one. It’s the third one. There is a pattern here of actual physical harm and Mitchell should be restrained from further communication and access to my clients,” Collins said.

Both the Kepanos and Loewen detailed three specific incidents in which each said the other is at fault.

The first incident occurred on May 30. Loewen said a gate on an easement to get to his and other properties was locked, so he used a bolt cutter to cut the lock off. He said Preston Kepano and other members of the family came to get the chain from the gate, but he did not want to let go of the chain, as it could be used as a weapon.

Sharisa Kepano had been videotaping the incident, Loewen said, and clips of what happened were later viewed widely on social media.

Loewen’s mother Paula, who was with her son, testified that the Kepano family “started attacking him.” At one point she said Sharisa Kepano came into the truck and tried to grab the keys. Then someone came with a sledgehammer, Paula Loewen said.

“It was a really scary situation, I thought I was going to lose my son,” she recalled.

But the Kepanos painted a different picture, with Sharisa Kepano saying that Loewen did not want to let go of the chain from the gate.

“He kept on tugging at them,” she said.

Preston Kepano described being pulled on the chain that Mitchell Loewen refused to let go of.

“He yanked us like rag dolls,” Preston Kepano said. “Like nothing.”

He said Mitchell Loewen hit him in the shin with the bolt cutter and also pushed him about 15 feet, making him fall down and hurt his back.

Meanwhile, Sharisa Kepano said Paula Loewen bumped her mother-in-law with the truck. She denied touching the keys and said that Mitchell Loewen pinned her at the truck.

Paula Loewen countered that she remained in the truck and went from the passenger seat to the driver’s seat so she could easily drive away if the situation escalated. She said she didn’t hit anyone and that a woman jumped out at the truck to make it look like she got hit.

Another incident happened on Sept. 3 on an easement that Mitchell Loewen doesn’t share with other neighbors. Preston Kepano said he was staging derelict vehicles in the area to be picked up and dumped by a private company.

When Mitchell Loewen got word and came down to the area, Preston Kepano said

Mitchell Loewen shoved his face into the glass of the fork lift and also tried to break his arm.

“He came around shoved me in the glass twice,” he said in court.

Mitchell Loewen said he was notified that Preston Kepano was stacking cars on his easement, so he and his brother, Cole Loewen, went to check on it. Police were also called.

During the latest incident on Oct. 19, Preston Kepano saw Mitchell Loewen moving a vehicle and wondered why, since it was already tagged to be moved

He said he was then assaulted by Mitchell Loewen, who “slammed” him like “a rag doll.”

Sharisa Kepano also came to the scene, where she said Mitchell Loewen pulled her on the shoulder. She said she suffered injuries from the incident.

Mitchell Loewen said he was in a tractor and was trying to move the derelict car from his driveway but Preston Kepano had blocked his path. When he told Preston Kepano to move his car that was blocking the way, he said Preston Kepano kicked him in the stomach.

As Mitchell Loewen dragged Preston Kepano by his foot off the road, Preston Kepano kicked him in the groin and punched him in the face. Mitchell Loewen said he was also punched by Sharisa Kepano.

However, Sharisa Kepano said she “started swinging” in self-defense as she was hit by Mitchell Loewen.

Dunn granted the temporary restraining orders for three years.