This Statement of Fact

This statement of fact is made by Vahid Razavi the Son of Deceased Parivash Gharavi that died on November 19th, 2023 at Westin Hotel located at 6 Kai Ala Drive Lahaina, HI at 9:42 am. I Vahid Razavi the son of the beloved deceased mother Parivash Gharavi was interviewed by Officer Lee and Hotel Security Staff Personal at the time of my mothers death on the morning of November 19th. In the subsequent police report I am referred to as one of two brothers that acted “hysterically” when we saw our dying mother by the pool side and found out that she had departed.

My statements to the police officer on the scene have not been included in the police report, no attempt was made to contact me over my brother over the past 6 plus months that this investigation took place.

I am submitting this document to all relevant parties with attached documentation for gross negligence and violation of transparency in police reporting by the Maui Police Department and the Investigation Sargent.

My mother cause of death has been ruled by medical examiner and coroner Mr. Jeremy Stuelpnagel.

The real cause of death is gross negligence and willful disregard of human life by Westin Hotel and Resorts and its Parent Company Marriott.

Background:

After hundreds of unsolicited emails by “Bonvoy Marriott Public Relations and Marketing Machine” and being told that the State of Hawaii is Safe I booked a Westin Vacation Club Package in early 2023. I wanted to take my loved ones on a trip after the pandemic. As I indicated publically on December 10th, 2023 online video my mother had travel plans elsewhere in the world. She wanted to visit her home country of Iran. She was a dull national citizen of the US and Iran just like I am. Instead in August of 2023 we found out about the fires in Lahaina and felt a great deal of sorrow for the native Hawaiian population that had to face the human tragedy that is still left unanswered as to its origin to this day.

Over the next month we watched in horror on how the government of Maui and State of Hawaii failed to respond to the needs of the local population. When the Governor of Hawaii Declared that the State of Hawaii will welcome back visitors by October 8th and they wanted folks to come for tourism to support the local community we answered the call. Regrettably I was misled and was convinced by the State of Hawaii tourism, Marriott Hotels and Resorts that the conditions in Maui and in Hawaii are Safe.

My dear beloved mother agreed. I booked the trip on October 3rd per reservation records attached for a travel date 30 days plus away since the call that it was reopened. I booked for November 14th of 2023 to Westin Kaanapali Ocean Resort Villas.

The reservation was under my name as I have the proof attached to this statement of facts. I also booked the flights and car rentals. I therefore hold the receipt for misleading my mother and family to take this trip thanks to the false calls of the governor of Hawaii and Marriott Marketing tactics. For that I am forever in remorse.

When we arrived in Maui on the evening of November 14th, I was assigned a one bedroom that the three of us shared during the stay. At check-in I informed the front desk that my mom is a senior citizen and I have physical disabilities and our flight back to the mainland is not until 2:35 in the afternoon of the 19th and asked if they would kindly allow us to extend the reservation time by an hour. They said that I should discuss that because of timing with the Westin Vacation Club Timeshare Sales Rep or the front desk to see if they could accommodate me. I had requested an additional pull-in bed advance of the reservation.

That first night the master bedroom that my mom used had a horrible spring set and mattress that you could feel the ground laying on it. It was so bad that the next day per photos attached we asked for a different room or bed and instead were provided with two ½ inch thick plywoods to be placed between the mattress and the box spring. This was the start of the physical pain for my mothers back and my brother as they played musical chairs with the fold out loveseat and bed to be able to sleep at night.

Over the next 4 days I requested multiple times from the front desk and timeshare sales rep to kindly extend our stay by an hour so we could rest prior to our long flight back to the San Francisco Bay. I explained to them that my mom is a senior citizen, that I had back surgery, hence I use a walking stick and we wanted to use the jacuzzi and pool one last time on the morning of our flight. Each time they said no. I guess you need to buy timeshare in order to get an hour of extra stay. We would have gladly paid for that hour but not for a timeshare after what we witnessed had happened to the area as a result of the fire.

Our request for an hour-long extension for disability and senior citizen accommodation fell on deaf greedy corporate ears of Westin and Marriott Staff. They said that the breakfast area by the pool is open at 8:00 AM and the towel boy can get us fresh towels at 8:00 AM. They also offered a lounge for showers after the pool. They encouraged us to have breakfast and use the pool right away and then get ready and leave by 10:00 AM.

Instead of accommodating us they started texting us that evening and early morning of November 19th with more Bonvoy points if we vacate the room early and three of us shared an amused final laugh together.

The evening of my mothers departure I had the final honor of sharing a room with her. I was on the twin bed and she was on the pull out loveseat. I woke up at 4:30 AM and saw my mother praying. She said she had been up since 2:00 am and could not sleep because of how bad her back was feeling.

We had a brief conversation at 4:30 AM, I told her to go back to sleep and she was very very reluctant. We also had a conversation around 7:30 to 8:20 am on the morning of her death. I have documented both conversations on a live stream youtube video on December 10th 2023. At breakfast she was concerned about not her own pain but the pain of others. She was concerned about what was taking place back in Gaza and Iran. I had been glued to the news the entire time but I did not have the power to break her heart. I told her that I will inform her when we get back to the mainland. She never made it back to the mainland and I failed her and left her in Maui with unanswered questions.

During Breakfast it was just her and I. My dear brother made the food and went for a walk so I got a chance to talk to her one last time. She was praying at the breakfast table. I asked her why are you praying mom. She responded I am praying for us to get back home safe. To which i responded, mom we are in Hawaii, you got nothing to worry about, this ain’t Gaza or Iran. We are going to be safe. Eat your breakfast and go to the pool as we need to give the room up at 10:00. In hindsight I should have let her continue to pray.

Due to the long journey back I decided to rest in the room and did not accompany my mother and brother to the pool side. Last time I saw my mom alive was when she left the room at 8:20 AM.

As I was resting I received two calls from my brother Alan, the first was a call that said he can’t locate my mother and I told him to check the gift shop. Maybe she is buying something for friends back home. Then I got a call a couple of mins later from him asking me to come to the pool and that the police were working on my mother.

The police report is true. We were both shell shocked, not just hysterical to our core, to find our beloved mother in that condition. My brother wanted to take a photo of her and I told him please don’t because that is not how she would like to be remembered and he reluctantly agreed. The Westin Staff, Westin Manager and Police took us to separate sections away from each other to obtain statements. I provided statements to the management lady, to Officer Lee, Security
Manager of the hotel. The hotel management told us that Gray Tech will transport my mothers body. That we need to leave the room as they have a guest that they need to make the room available for. The level of cruelty for corporate profit was second to none. We left the hotel by 10:30 or so Maui’ Banyan tree was scorched on August 2023, our mother was killed by Westin Vacation Club and Marriott and the Hawaii Visitor bureau on November 19th, 2023.

We arrived in the Bay Area late evening of November 19th. The morning of the 20th I received a call from the coroner and after a generic condolences and sympathy his first question was is there potential litigation involved in your moms death. To which I answered yes? Maybe? I never understood why that would matter? Does his report change to please his local corporate resorts?

On the 21st of November I reached out to the Westin Manager requesting a copy of the hotel incident report and was given a one paragraph response of condolences and contact details of the insurance provider they use. The message was clear. Even though my brother and I voluntarily answered all of the Westin Security Staff, Management Personal, Police questions corporate Marriott is more concerned about liability and will not release any information to us.

For 6 and ½ months I and my brothers rotated calls nearly once a week to the incompetent police department to complete its autopsy and police report. Only to be told of delays, that they are backed up, that they are waiting on a toxicology report etc. I now find out that the toxicology was completed a couple of weeks after her death.

Finally I received the report from my brother based on his request on May 28th of 2024. At no time did the police department contact us. We initiated every contact in regards to her death. We followed up. I am certain phone records are available of those calls unless they since torched deliberately similar to the Lahaina fire.

The cause of death:

When the heart stops you are pronounced dead. So yes the autopsy might be accurate that she died of accidental drowning and her heart stopped due to Cardiopulmonary arrest. Her cause of death is ruled an accident. Her body was found floating on her back by observers and her head submerged.

What I believe was a huge contributing factor to her death was the fact that she may have suffered from ROPE. Pulmonary Edema, Hypoxia, Impairment of Neuro-Muscular Function and loss of Consciousness and Death and Probable Aspiration.

The morning of her death she was rushed to eat and vacate the room thanks to the hotel’s strict time enforcement. Her blood was still digesting her breakfast when she went into the cold water of the pool at 8:25 AM. My mom loved the water. At her pool the water is kept at 84 degrees all year round. Rain or shine she loved water exercises. The water at the resort was much cooler. She was not accustomed to it. She felt safe seeing people around the pool that per the police report interacted with her.

The Westin Vacation Club did not have lifeguards. You see, unlike popular belief, hotels in Hawaii are not safe. They are not required to have a lifeguard. The government of Hawaii is run over by the hospitality industry lobbyist that markets “Hawaii is Safe” knowing that is not. Even though my mom was a retired registered nurse in Iran and I learned how to swim at UC Berkeley Strawberry Canyon, we did not know about the risk of hypoxia and ROPE. I had never heard of it until I learned about it via news reports about snorkelers facing similar demise.

In conclusion the folks at Marriott expect us to file a lawsuit to get an incident report. I am not going to put my family and loved ones through that. I have no need for trading Bonvoy Points for Westin or Marriott Plywood. 98% of cases of wrongful death and injury are settled. No amount of timeshare vouchers, points and marketing gimmicks of Marriott the largest multinational hotel conglomerate is going to bring her back. I will support any legal action that my grieving family takes and be happy to share what I have shared above in any hearing that can bring justice and relief to other grieving families at the hands of this hotel chain and the Hawaii Visitor Bureau.