Genesee County Prosecutor David Leyton joined Special Counsel Todd Flood and Chief Investigator Andy Arena in announcing charges. “Today’s charges are a beginning, not an end.”
Michigan Attorney General Bill Schuette announced Wednesday, April 20, that he filed a total of 13 felony charges and 5 misdemeanor charges against two state officials and one city official as a result of their actions in the Flint water contamination crisis currently gripping the city.
“What happened here in Flint is a tragedy,” said Schuette, “and we will continue to investigate all information that comes our way. This is not something I take lightly.”
Charges were filed Wednesday morning in the Genesee County 67th District Court in Flint against the following three individuals:
Stephen Busch, 40, Michigan Department of Environmental Quality District 8 Water Supervisor (3 felonies, 2 misdemeanor);
Michael Prysby, 53, Michigan Department of Environmental Quality District 8 Water Engineer (4 felonies, 2 misdemeanor); and
Michael Glasgow, 40, City of Flint Laboratory and Water Quality Supervisor (1 felony, 1 misdemeanor).
“The justice system in Michigan is not rigged,” said Schuette. “Anyone that says Michigan has a wink and nod justice system is wrong. It doesn’t matter who you are, what you do, if you break the law there will be consequences.”
The maximum sentences for each of the felonies, which are summarized below, range from 4-5 years in prison, with fines for each in a range between $5,000-$10,000.
“So many things went so terribly wrong in Flint. I made a decision that I must investigate what went wrong. It is my job as Attorney General to protect the citizens of Michigan. The citizens of Flint deserve that, the citizens of Michigan deserve that. This investigation is ongoing, it is broad, detailed and comprehensive.”
The charges are the first announced as a result of Schuette’s investigation into the crisis, which is being conducted by Special Prosecutor Todd Flood, Chief Investigator Andy Arena, and Deputy Chief Investigator Ellis Stafford. Genesee County Prosecutor David Leyton is also working with Schuette on the investigation and joined Schuette in Flint for Wednesday’s announcement.
“We are working closely together on this investigation because the people of Flint deserve nothing less than the truth and we will keep working until we get to the bottom of this,” said Leyton.
The charges against DEQ workers Busch and Prysby include:
Count 1 Common law offenses – Misconduct in office
It is alleged that between February 2015 and November 2015, they committed misconduct in office, an indictable offense at common law, by willfully and knowingly misleading federal regulatory officials in the Environmental Protection Agency, including, but not limited to, Miguel Del Toral, and/or Genesee County Health Department officials, including, but not limited to, James Henry, in violation of his duty to provide clean and safe drinking water to the citizens of the County of Genesee, State of Michigan and to protect the public health; contrary to MCL 750.505. It is a felony punishable by 5 Years in prison and/or $10,000.00.
Count 3 Conspiracy – Tampering with evidence
It is alleged that defendants on or about January 2015, through November 2015, defendants did unlawfully conspire, combine, confederate and agree together with persons, both known and unknown to the People of the State of Michigan, to commit an offense prohibited by law, to wit: Tampering with Evidence, including but not limited to manipulating monitoring reports mandated by law; contrary to MCL 750.157a. It is a felony punishable by up to 4 years in prison and/or $10,000.00.
Count 4– Tampering with evidence
It is alleged that defendants did knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence, to wit: reports entitled “Lead and Copper Report and Consumer Notice of Lead Result” dated February 27, 2015 and/or July 28, 2015 and/or August 20, 2015; contrary to MCL 750.483a(6)(a). It is a felony punishable by 4 years in prison and/or $5,000.00.
Count 5– Treatment violation – Michigan safe drinking water act
It is alleged that defendants did cease the utilization of optimal corrosion control treatment at the Flint Water Treatment Plant after the Plant switched to the Flint River as a water source and/or did refuse to mandate optimized corrosion control treatment at the Flint Water Treatment Plant in a timely manner after the lead action level was exceeded; contrary to MCL
325.1001. It is a misdemeanor punishable by 1 year and/or $5,000.00 for each day of violation.
Count 6 – Monitoring violation – Michigan safe drinking water act
It is alleged that defendants did improperly manipulate the collection of water samples by directing residents to “pre-flush” their taps by
running the water for five minutes the night before drawing a water sample and/or did fail to collect required samples included in the Tier 1 category of serviced lines and/or did remove test results from samples to be included in the Lead and Copper Report and Consumer Notice of Lead Result; contrary to MCL 325.1001. This is a misdemeanor punishable by 1 year and/or $5,000.00 for each day of violation.
Michael Prysby was also charged with:
Count 2 Common law offenses – Misconduct in office
It is alleged that the defendant did, on or about April 4, 2014, commit misconduct in office, an indictable offense at common law, by authorizing a permit to the Flint Water Treatment Plant knowing the Flint Water Treatment Plant was deficient in its ability to provide clean and safe drinking water for the citizens of the County of Genesee, State of Michigan; contrary to MCL 750.505. This a felony punishable by 5 years in prison and/or $10,000.00.
Charges against Flint water employee Michael Glasgow include:
Count 7 – Tampering with evidence
It is alleged that defendant did knowingly and intentionally remove, alter, conceal, destroy, or otherwise tamper with evidence to be offered in an official proceeding, to wit: the report entitled “Lead and Copper Report and Consumer Notice of Lead Result” dated February 27, 2015 and/or July 28, 2015 and/or August 20, 2015; contrary to MCL 750.483a(6)(a). This is a felony punishable by 4 years and/or $5,000.00.
Count 8 – Willful neglect of duty
It is alleged that defendant did willfully neglect to perform a duty enjoined upon him by the Michigan Safe Drinking Water Act, to wit: by failing to perform the duties of an F-1 Certified Operator employed by the Flint Water Treatment Plant; contrary to MCL 750.478. This is a misdemeanor punishable by 1 year and/or $1,000.00.
Schuette noted the investigation remains fully active and that the charges filed do not preclude additional charges at a later date.
