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Maui lawyer Jan Apo says he knows what caused the fire that killed at least 101 people and destroyed much of Lahaina.

It started, he says, with Pole 7A. The wooden pole, which was laden with telecommunications and electrical lines, should have been strong enough to withstand the winds buffeting the town, Apo says. 

But the pole was ridden with termite damage, Apo says, neglected by Hawaiian Electric Co., Spectrum and Hawaiian Telcom, which used the pole. So with Pole 7A’s core weakened by termite tunnels, Apo says, the pole snapped during the predawn hours of Aug. 8. 

That set off a chain of events that climaxed with an unstoppable, 20-foot wall of flames marching inexorably toward Lahaina.

Apo, who has filed lawsuits for dozens of fire victims, shared the findings of his monthslong investigation last week during dramatic and at times personal testimony before the House Finance Committee. The purpose of the committee hearing was to consider a bill allowing HECO to issue special bonds to cover costs related to wildfires. But lawmakers were so intrigued by Apo’s story of Pole 7A that they called him back after his initial testimony to tell the story again.

While Apo’s account amounts merely to allegations, it also provides perhaps the most detailed description so far of the cause of the fire as the public waits for an official government report from Maui County. 

It’s also the version that’s widely believed in Lahaina, says Rep. Elle Cochran, who represents Lahaina. 

“His point of view is not out yet in this building,” Cochran said, referring to the Hawaii State Capitol. “But it’s out all over Lahaina. They all know. I hear it every day when I go home.”

Apo’s word carries considerable weight in Lahaina in part because of his family’s history there, Cochran said. His father, grandparents and uncles are buried next to Hawaiian royalty in Waiola Cemetery, just yards from the royal tomb, she said.

Additionally, Apo and his family share the sense of loss that pervades the community.

The fire destroyed two homes on property that’s been in Apo’s immediate family since the 1800s, Apo testified to lawmakers. His extended family lost another eight homes to the fires, he said.

“He has deep, deep, deep, beyond deep ties,” Cochran said.

HECO takes exception to Apo’s account, saying that it’s misleading to focus on the portion of the pole where termite damage is visible.

“The selective use of one zoomed-in photo doesn’t tell the whole story of the condition of the pole, including its structural integrity,” said Jim Kelly, vice president of government and community relations and corporate communications for the utility.

The company inspects some 31,000 wood poles in Maui County alone, according to an inspection schedule, Kelly said. Some poles are treated for termites, and ones that don’t meet standards are replaced. Pole 7A was inspected in 2022 and found to be sound, Kelly said.

Insurance Industry Investigators Also Point to Pole 7A

Apo’s investigation isn’t the only one to find the disaster started with Pole 7A. Insurance industry investigators have reached the same conclusion.

“Utility Pole No. 7A located near Hookahua Street, situated on the west back side of the Lahaina Intermediate School, split in two, causing the collapse of the upper section of the pole and resulting in a chain reaction,” says a lawsuit filed by more than 140 insurance companies, including global giants like Swiss Re, Mitsui Sumimoto and Lloyd’s of London, as well as local firms like Island Insurance Co.

The purported chain reaction identified by insurance industry investigators is much the same as what Apo says his team found. 

Sitting in his office in Wailuku two days after his appearance at the Capitol, Apo recapped his testimony with the help of photos and a hand-drawn map.

Utlilty sensors indicate there was a disruption along the power lines carried by Pole 7A at about 2:45 a.m. on Aug. 8, he said. The data about the disruption came from , a fire prevention technology firm, Apo said 

That was “most likely Pole 7A going down,” he said. 

A photo published in the insurance industry complaint shows the pole snapped about midway up. 

The lines attached to Pole 7A started pulling on other nearby lines, Apo said, including ones attached to those running along Lahainaluna Road, attached to Pole 25 and Pole 26. A stretch of power line between those two poles eventually snapped, causing a flare of electrical arcing as the severed lines fell harmlessly to the grass and the power went out. 

“Had nothing changed, everything would have been fine,” Apo said.

The problem, he said, was that HECO restored power to the area around 6:10 a.m., which allowed the exposed lines to ignite the grass and start a morning blaze. Fallen lines sparking the fire was in a video widely shared in news and social media. 

Hawaiian Electric Co. acknowledged its lines started a morning fire. But the company said it was contained by firefighters, after which the company’s power lines were de-energized.

The problem, Apo says, is that the fire started up again in the afternoon after firefighters left, and eventually the strong winds that were fanning the flames sent embers into a gully, owned by Kamehameha Schools, parallel to Lahainaluna Road. The brush fire turned into something entirely different, Apo said.

“You’ve got 15- to 20-foot flames coming out of that thing,” he said.

And that wall of fire eventually engulfed Lahaina.

While Apo said his team had a sense of what had happened months ago, it took six months for his investigators to gain access to a warehouse where HECO was storing Pole 7A and other evidence. An inspection of Pole 7A found extensive termite damage, he said.

“It literally broke right at the termite damage,” Apo said. 

A Hawaiian Telcom spokeswoman said the company has no ownership interest in Pole 7A. A spokesman for Spectrum also said the company does not own the pole and merely has a license to use it from HECO, which is responsible for the pole’s maintenance.

Kamehameha Schools attorney Paul Alston declined to comment. 

Civil Beat’s coverage of Maui County is supported in part by a grant from the Nuestro Futuro Foundation.

Civil Beat’s coverage of environmental issues on Maui is supported by grants from the Center for Disaster Philanthropy and the Hawaii Wildfires Recovery Fund, the Knight Foundation and the Doris Duke Foundation.