Salt Lake City, UT – A Utah pest control company and one of its applicators have been sentenced following a tragic incident that resulted in the deaths of two young children. Bugman Pest and Lawn, Inc. and Coleman Nocks were found to have violated federal pesticide regulations, leading to a misapplication of the highly toxic Fumitoxin at a Layton residence in February 2010.
According to court documents, Nocks, a licensed commercial pesticide applicator employed by Bugman Pest and Lawn, applied Fumitoxin to a burrow system dangerously close – less than 15 feet – to the Layton home. He also exceeded the legally permitted dosage and failed to provide the homeowners with crucial safety information, including the Material Safety Data Sheet and sections of the Applicator’s Manual, as required by the pesticide’s labeling. This negligent application directly resulted in the fatal poisoning of two children.
Investigation Uncovers Pattern of Violations
The Environmental Protection Agency (EPA) investigation, conducted in conjunction with the Layton Police Department and Layton City Attorney’s Office, revealed a disturbing pattern of misconduct. A related case involved Ray Wilson, son of the owner of Bugman Pest and Lawn, who was also found to have improperly applied Fumitoxin at multiple locations in 2009. Wilson later pleaded guilty in a separate but connected case. The initial incident at the Layton home triggered the broader scrutiny of Bugman Pest and Lawn’s practices.
Legal Ramifications and Sentencing
On October 11, 2011, both Bugman Pest and Lawn, Inc. and Nocks pleaded guilty to one count of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically 7 U.S.C. 136l(b)(1)(B), which prohibits the use of registered pesticides in a manner inconsistent with their labeling. Despite the devastating outcome, federal law restricts charges under FIFRA to misdemeanors, even in cases resulting in death. This limitation drew criticism from prosecutors, who noted the equivalent penalty for negligent homicide exists at the state level.
Nocks was sentenced on January 6, 2012, to 36 months of probation, 100 hours of community service, and a $25 assessment. Bugman Pest and Lawn received a $3,000 fine and a 36-month probationary period, with a strict condition forbidding the company from engaging in any activity involving the sale, distribution, purchase, or use of pesticides during that time. In May 2012, Bugman Pest and Lawn pleaded guilty in the related case and was sentenced to a concurrent 36-month probation and ordered to pay a $600 fine and a $125 assessment.
A Warning from Authorities
U.S. Attorney David B. Barlow emphasized the importance of adhering to pesticide regulations, stating, “Homeowners have a right to expect that companies and their representatives will follow the rules…When that trust is broken, we can have the type of tragic outcome that resulted in this case.” Lori Hanson, Special Agent in Charge of EPA’s criminal enforcement program in Utah, added, “Warning labels on pesticides are there for a reason. If not followed carefully, there can be serious, even fatal, consequences.”
Key Facts
- Defendant: Bugman Pest and Lawn, Inc. & Coleman Nocks
- Crime: Misapplication of Restricted Use Pesticide (Fumitoxin)
- Location: Layton, Utah
- Date of Incident: February 5, 2010
- Victims: Two young children
- Statute Violated: 7 U.S.C. 136l(b)(1)(B) – FIFRA
- Penalties: Nocks – 36 months probation, 100 hrs community service, $25 assessment. Bugman – $3,000 fine, 36 months probation, prohibition from handling pesticides.
Source: EPA ECHO Enforcement Case Database
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