Flint water crisis: Criminal charges laid against 2 state, 1 local official

Two state regulators and a Flint, Mich., employee were charged Wednesday with evidence tampering and several other felony and misdemeanour counts related to the city's lead-tainted water crisis.

The charges — the first levied in a probe that is expected to broaden — were filed against a pair of state Department of Environmental Quality officials and a local water treatment plant supervisor and stem from an investigation by the Michigan attorney general's office.

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The Flint water crisis became a criminal case Wednesday when two state regulators and a city employee were charged with official misconduct, evidence-tampering and other offences over the lead contamination that alarmed the country and brought cries of racism.

"This is a road back to restoring faith and confidence in all Michigan families in their government," Michigan Attorney General Bill Schuette said in announcing the charges, months after officials conceded a series of bad decisions caused the disaster.

He warned there will be more charges — "That I can guarantee" — and added: "No one is off the table."

For nearly 18 months, the poor, mostly black city of 100,000 used the Flint River for tap water as a way to save money — a decision made by a state-appointed emergency manager — while a new pipeline was under construction. But the water wasn't treated to control corrosion. The result: Lead was released from aging pipes and fixtures as water flowed into homes and businesses.

Gov. Rick Snyder didn't acknowledge the problem until last fall, when tests revealed high levels of lead in children, in whom the heavy metal can cause low IQs and behavioural problems.

'Someone has to pay'

Michael Prysby, a former district engineer with the state Department of Environmental Quality, and Stephen Busch, a supervisor in the department's drinking water office, were charged with misconduct, conspiracy, tampering with test results and misdemeanour violations of clean-water law. The felonies carry maximum penalties of four to five years in prison.

Among other things, they were accused of failing to order anticorrosion chemicals added to the water to coat the pipes and prevent them from releasing lead.

Flint utilities administrator Michael Glasgow, who oversaw day-to-day operations at the city's water plant at the time, also was charged Wednesday with tampering with evidence for allegedly falsifying test results and with willful neglect of duty.

Essentially, all three were accused of failing to provide safe drinking water.

It's very hard to find a similar case where people are charged for just being personally bad or neglectful at their job.- Neil Rockind, attorney 

Neil Rockind, a Detroit-area defence attorney and former prosecutor, said outrage over the Flint water mess has created a mood "where someone has to pay."

"This is rare," he said of the charges. "It's very hard to find a similar case where people are charged for just being personally bad or neglectful at their job. Usually there's some personal corrupt intent involved."

Busch and Prysby were immediately suspended without pay. Glasgow was also placed on leave. Prysby did not return a message seeking comment. Telephone numbers for the others could not be found. It wasn't known if they have lawyers. 

'They failed us all'

"They failed Michigan families. Indeed, they failed us all," Schuette said. "I don't care where you live."

The crisis — and state officials' slow and dismissive response to complaints about the water from experts and Flint residents — led to allegations of environmental racism, became an issue in the presidential race during Michigan's Democratic primary in March, and sent other cities around the U.S. rushing to test their water, particularly in older neighborhoods that still use lead pipes.

For months, people in Flint have been relying on filters and bottled water. Some still do not trust what comes out of their taps, even though the city rejoined the Detroit-area water system last fall and anticorrosive phosphates are being added.

The governor filled a few jugs of filtered Flint tap water this week and pledged to drink it for 30 days to show it's safe.

"It's a good first step, but it's a small step," Flint resident Melissa Mays said of the criminal charges. "These are lower-level people, and I want to know who was instructing them to do what they did. I think it's important that we can see some form of accountability being laid out, but at the end of the day we still can't drink or bathe in our water safely."

Outside experts have also suggested a link between the river and a deadly Legionnaires' disease outbreak. There were at least 91 cases, including 12 deaths, across Genesee County, which contains Flint, during a 17-month period. That represents a five-fold increase over what the county averaged before.

After the crisis broke open, DEQ Director Dan Wyant and his spokesman resigned. The chief of the department's drinking water office was fired. And the director of the U.S. Environmental Protection Agency's Chicago-based Midwest office stepped down.

I think it's important that we can see some form of accountability being laid out, but at the end of the day we still can't drink or bathe in our water safely.- Melissa Mays, Flint resident 

The Flint debacle exposed a problem that extends well beyond the one-time industrial powerhouse.

An Associated Press analysis of EPA data found that nearly 1,400 water systems serving 3.6 million Americans exceeded the federal lead standard at least once between the start of 2013 and last September.

Most U.S. cities stopped installing lead pipes in the 1930s to carry water from main lines under the streets and into homes. But a survey by the American Water Works Association found that 6.5 million of these pipes are still in use.

Some researchers question whether chemical treatment and routine testing for lead in the water are enough, arguing that the only way to remove the threat is to replace the plumbing. But the cost could be huge.

Michigan lawmakers are considering legislation to give Flint an emergency $25 million to replace thousands of lead pipes.