Summary of Criminal Prosecutions
FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: Bugman Pest and Lawn, Inc.
D. Utah 1:11-CR-00017
D. Utah 1:11-CR-00017
2. DEFENDANT: Coleman Nocks
D. Utah 1:11-CR-00017
D. Utah 1:11-CR-00017
3. DEFENDANT: Ray Wilson, Jr.
D. Utah 1:11-CR-00017
D. Utah 1:11-CR-00017
Nocks, was a licensed commercial applicator of pesticides and an employee of Bugman Pest and Lawn, Inc. On February 5, 2010, Nocks used Fumitoxin, a registered, restricted use pesticide, at a Layton, Utah residence. Nocks applied Fumitoxin into a burrow system that was closer than the permitted 15 feet to the residence and he exceeded the dosage requirements for the pesticide. He also did not provide a Material Safety Data Sheet or applicable portions of the Applicator's Manual to the residents, as required by the Fumitoxin label.
As a result of his misapplication of the pesticide Fumitoxin, two young children in the Layton residence were made ill and passed away. During the course of the investigation of Bugman Pest and Lawn, it was also discovered that Ray Wilson, son of the owner of Bugman Pest and Lawn, had also misapplied Fumitoxin at other locations. Those violations were prosecuted as a separate, but related case.
As a result of his misapplication of the pesticide Fumitoxin, two young children in the Layton residence were made ill and passed away. During the course of the investigation of Bugman Pest and Lawn, it was also discovered that Ray Wilson, son of the owner of Bugman Pest and Lawn, had also misapplied Fumitoxin at other locations. Those violations were prosecuted as a separate, but related case.
February 2, 2011
Bugman and Nocks were charged with 3 counts of violating FIFRA {7 U.S.C. 136l(b)(1)(B) - using a registered pesticide in a manner inconsistent with its labeling}.
CITATION: 7 U.S.C. 136l(b)(1)(B)
April 13, 2011
Wilson and Bugman Pest and Lawn, Inc were charged in the related case with violating FIFRA.
October 11, 2011
Bugman and Nocks pled guilty to one count of using a registered pesticide in a manner inconsistent with its labeling.
NEWS RELEASE NEWS RELEASE
District of Utah
October 11, 2011 BUGMAN PEST AND LAWN, INC. AND COLEMAN NOCKS PLEAD GUILTY TO UNLAWFUL USE OF PESTICIDE SALT LAKE CITY – Bugman Pest and Lawn, Inc., and Coleman Nocks, age 63, of Bountiful pleaded guilty in federal court in Salt Lake City Tuesday afternoon to a misdemeanor count of unlawful use of a registered pesticide. The convictions relate to the application of a registered pesticide at a home in Layton in Feb. 5, 2010, resulting in the deaths of two children. According to federal prosecutors, the Federal Insecticide, Fungicide, and Rotenticide Act (FIFRA) authorizes only the use of misdemeanor charges to combat the unlawful use of pesticides even when such unlawful use results in death. The act does not provide for felony prosecutions of unlawful use of pesticides. The misdemeanor FIFRA charges in this case carry the same penalty as the crime of negligent homicide available under state law. In a plea agreement reached with federal prosecutors, Nocks, who was a licensed commercial applicator of pesticides and an employee of Bugman Pest and Lawn, Inc., admitted that on Feb. 5, 2010, he used Fumitoxin, a registered, restricted use pesticide, at the Layton home of a customer of his employer. Nocks admitted that he applied Fumitoxin into a burrow system that was closer than 15 feet to the Layton residence and that he exceeded dosage requirements for the pesticide. He also admitted he did not provide a Material Safety Data Sheet or applicable portions of the Applicator’s Manual with the homeowners as required by Fumitoxin’s labeling. Nocks acknowledged in his plea agreement that his conduct caused the death of two minor children at the residence. The plea agreement with Nocks includes a recommended sentence of six months incarceration and six months of home confinement as well as a period of supervised release. As a part of the company’s plea agreement, Bugman Pest and Lawn admitted that Nocks, its employee, used a registered pesticide in a manner inconsistent with its labeling at the home of a customer in Layton. The company acknowledged that Nocks applied the pesticide too close to the house, exceeded dosage requirements, and did not provide material about the pesticide to the homeowners. The company also acknowledged that the application of the pesticide caused the death of two children at the home. The plea agreement with the company includes a recommendation for a $3,000 fine and probation for a term of 36 months. During the period of probation, the company cannot operate as a seller, distributor, or user of pesticides. Nocks and the company will be sentenced Dec. 20, 2011, at 2 p.m. “When homeowners hire pesticide service companies, they have a right to expect that the company and its representatives will follow the rules and regulations governing the application of the pesticides they are using. When that trust is broken, we can have the type of tragic outcome that resulted in the prosecution of this case,” U.S. Attorney David B. Barlow said. “We will continue to use all tools at our disposal to aggressively investigate and prosecute those pesticide applicators who, for whatever reason, choose to ignore the safety rules and put lives at risk.” “Today's pleas demonstrate how seriously EPA takes pesticide regulations,” said Lori Hanson, Special Agent in Charge of EPA’s criminal enforcement program in Utah. “Warning labels on pesticides are there for a reason. If not followed carefully, there can be serious, even fatal, consequences.” Nocks and the company were charged with three misdemeanor violations of unlawful use of a registered pesticide in an indictment returned by a federal grand jury in February. In addition to the incident at the Layton home, the indictment alleged misuse of Fumitoxin at a home in North Salt Lake City in May 2009 and a residence in Centerville in September 2009. The case was investigated by the EPA, the Layton Police Department, and the Layton City Attorney’s Office and prosecuted by Assistant U.S. Attorneys in the Utah U.S. Attorney’s Office.
NEWS RELEASE NEWS RELEASE
District of Utah
October 11, 2011 BUGMAN PEST AND LAWN, INC. AND COLEMAN NOCKS PLEAD GUILTY TO UNLAWFUL USE OF PESTICIDE SALT LAKE CITY – Bugman Pest and Lawn, Inc., and Coleman Nocks, age 63, of Bountiful pleaded guilty in federal court in Salt Lake City Tuesday afternoon to a misdemeanor count of unlawful use of a registered pesticide. The convictions relate to the application of a registered pesticide at a home in Layton in Feb. 5, 2010, resulting in the deaths of two children. According to federal prosecutors, the Federal Insecticide, Fungicide, and Rotenticide Act (FIFRA) authorizes only the use of misdemeanor charges to combat the unlawful use of pesticides even when such unlawful use results in death. The act does not provide for felony prosecutions of unlawful use of pesticides. The misdemeanor FIFRA charges in this case carry the same penalty as the crime of negligent homicide available under state law. In a plea agreement reached with federal prosecutors, Nocks, who was a licensed commercial applicator of pesticides and an employee of Bugman Pest and Lawn, Inc., admitted that on Feb. 5, 2010, he used Fumitoxin, a registered, restricted use pesticide, at the Layton home of a customer of his employer. Nocks admitted that he applied Fumitoxin into a burrow system that was closer than 15 feet to the Layton residence and that he exceeded dosage requirements for the pesticide. He also admitted he did not provide a Material Safety Data Sheet or applicable portions of the Applicator’s Manual with the homeowners as required by Fumitoxin’s labeling. Nocks acknowledged in his plea agreement that his conduct caused the death of two minor children at the residence. The plea agreement with Nocks includes a recommended sentence of six months incarceration and six months of home confinement as well as a period of supervised release. As a part of the company’s plea agreement, Bugman Pest and Lawn admitted that Nocks, its employee, used a registered pesticide in a manner inconsistent with its labeling at the home of a customer in Layton. The company acknowledged that Nocks applied the pesticide too close to the house, exceeded dosage requirements, and did not provide material about the pesticide to the homeowners. The company also acknowledged that the application of the pesticide caused the death of two children at the home. The plea agreement with the company includes a recommendation for a $3,000 fine and probation for a term of 36 months. During the period of probation, the company cannot operate as a seller, distributor, or user of pesticides. Nocks and the company will be sentenced Dec. 20, 2011, at 2 p.m. “When homeowners hire pesticide service companies, they have a right to expect that the company and its representatives will follow the rules and regulations governing the application of the pesticides they are using. When that trust is broken, we can have the type of tragic outcome that resulted in the prosecution of this case,” U.S. Attorney David B. Barlow said. “We will continue to use all tools at our disposal to aggressively investigate and prosecute those pesticide applicators who, for whatever reason, choose to ignore the safety rules and put lives at risk.” “Today's pleas demonstrate how seriously EPA takes pesticide regulations,” said Lori Hanson, Special Agent in Charge of EPA’s criminal enforcement program in Utah. “Warning labels on pesticides are there for a reason. If not followed carefully, there can be serious, even fatal, consequences.” Nocks and the company were charged with three misdemeanor violations of unlawful use of a registered pesticide in an indictment returned by a federal grand jury in February. In addition to the incident at the Layton home, the indictment alleged misuse of Fumitoxin at a home in North Salt Lake City in May 2009 and a residence in Centerville in September 2009. The case was investigated by the EPA, the Layton Police Department, and the Layton City Attorney’s Office and prosecuted by Assistant U.S. Attorneys in the Utah U.S. Attorney’s Office.
January 6, 2012
Nocks was sentenced to 36 months probation, ordered to serve 100 hours of community service and pay a $25 assessment.
Bugman Pest and Lawn was sentenced to 36 months probation and ordered to pay a $3,000 fine. As a condition of probation, Bugman was ordered to not operate as a business that sells, distributes, purchases or uses any pesticide during its probation.
May 1, 2012
In the related case, Bugman Pest and Lawn pled guilty to one count and was sentenced to 36 months probation to run concurrently with the previous case and ordered to pay an assessment of $125, a $600 fine.
STATUTE:
- Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)