EPA Expert Says Asbestos Handling At Old SCT Plant Could Have Caused "Death Or Serious Bodily Harm"

Thursday, September 20, 2012

An EPA expert testified Thursday in Federal Court in Chattanooga that sloppy handling of asbestos at the old Standard Coosa Thatcher plant in Ridgedale could have caused "death or serious bodily harm."

Tim Frederick acknowledged he got that phrase from government attorneys seekings jail terms for those involved in the 2003-2004 debacle that brought on a frenzied and expensive federal-led cleanup.

Judge Curtis Collier is expected to set the sentences for Don Fillers, James Mathis and David Wood when the hearing sometime after it resumes Friday morning. The hearing lasted all day Thursday with prosecutors and attorneys arguing over whether the sentences should be "enhanced."

Judge Collier ruled in favor of the defendants on several points on Thursday, limiting the range of their sentencing guidelines.

Authorities said earlier that Fillers faces a maximum 20 years and the other two defendants five years. 

The only attorney who spoke little at the hearing was former prosecutor Gary Humble, who represents Watkins Street Project LLC, the business name used by brothers Gary and Don Fillers to buy the defunct yarn mill in 2003. He told the judge the firm "is worse than broke. They're upside down on their mortgage."

Gary Fillers was also charged and he was given a six-month house arrest sentence early on in the case. He died a month ago at the age of 74.

Gary Fillers had given a statement in which he said buying the old mill was the idea of his brother, who operates Chattanooga Hardwood. He said his brother told him they could salvage items from the old mill and make a million dollars.

When they bought the mill "it was full of furniture, file cabinets and yarn. It was like they had closed the door and gone home," one attorney said.

The government charged that the Fillers brother spent as little as possible on hiring an asbestos removal firm and that much asbestos was left at the site. That was handled carelessly by workers under Mathis and Wood, it was charged.

Prosecutor Matthew Morris said untrained workers paid low wages handled asbestos by hand without any kind of protection, sometimes sweeping it up or tossing it from a second floor.

Defense attorneys argued there was no evidence that clouds of dust from the site contained dangerous asbestos fibers.   

 

 


DesJarlais Announces Support For American Health Care Act

Congressman Scott DesJarlais, M.D., a member of the House Freedom Caucus and GOP Doctors Caucus, announced his support for the American Health Care Act, Republicans’ Obamacare repeal-and-replace legislation, now including waivers for states to opt out of expensive federal regulations, driving up the cost of health insurance in Tennessee.   Rep. DesJarlais said, " ... (click for more)

Grand Jury No Bills And True Bills

Here are the latest no bills and true bills from the Hamilton County Grand Jury: No Bills: HUMPHERY, JOE JUNIOR B 39 M 0 1 GS 1653765 POSS OF COCAINE FOR RESALE HYMES, RODNEY DEWAYNE B 49 M 0 1 GS 1650788 AGGRAVATED ASSAULT HYMES, RODNEY DEWAYNE B 49 M 0 2 GS 1650790 POSS. COCAINE FOR RESALE HYMES, RODNEY DEWAYNE B 49 M 0 3 GS 1650791 POSS. MARIHUANA FOR RESALE ... (click for more)

Don't Clog Up The Last Remaining Semi-Unobstructed Route Into Town From North Of The River - And Response (2)

The proposal to turn Hixson Pike in Riverview into a more pedestrian friendly street is more than absurd.   Let's be honest. This is the last semi-unobstructed route into town from north of the river, due to I-27 construction and the bike lane/parking lot that is North Market Street.  So, now the businesses in Riverview would like parking on this main artery? ... (click for more)

Roy Exum: A One-Sided Opportunity

State education commissioner Candace McQueen has apparently fallen and hit her head. She most certainly needs to be examined after she came to Chattanooga on Monday and told the Times-Free Press about an exciting “partnership.” Are you kidding me? Despite the newspaper’s editors actually touting the venture as “promising,” the lady is clearly dancing by herself. With her Achievement ... (click for more)

Sales' Grand Slam Leads Lady Owls To 6-2 Comeback Win

Cheyenne Sales came close to hitting two home runs on Tuesday. She atoned for those close calls a day later with a grand slam in a five-run fourth inning and powered Ooltewah to a 6-2 victory over gritty East Hamilton in District 5-3A softball action at Jim Lovell Field. “That’s the first grand slam I’ve hit this season,” said Sales, who finished with five RBIs. “The pitch ... (click for more)

Red Bank's Kendall Farr Hurls No-Hitter Against Tyner

Kendall Farr was on the money Wednesday afternoon as she hurled a no-hitter and struck out seven as the Red Bank Lionettes blanked Tyner, 10-0, in six innings. Kelsey Peden and Destiny Painter both had two RBIs for the Lionettes while Hannah Wood had a triple and Sami Shrader a double.  Peden also had a double. With Farr improving to 3-2 on the season,, Red Bank finished ... (click for more)