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.   



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