David K. Smith, Environmental Crime, West Virginia 2023

HUNTINGTON, W.Va. – David K. Smith, 68, of Paducah, Kentucky, has pleaded guilty to a serious environmental crime in West Virginia.

According to court documents and statements made in court, David K. Smith, sole owner and officer of River Marine Enterprises and Western River Assets, admitted to discharging refuse into navigable waters.

The crime occurred when the Gate City, a towboat owned by Western River Assets and operated by River Marine Enterprises, sank while docked along the West Virginia shore of the Big Sandy River on January 10, 2018, discharging oil and other substances into the river.

The oil spill left a sheen on the river and oily deposits beneath the surface, prompting the City of Kenova, West Virginia, to close its municipal drinking water intake for three days. Various regulatory agencies took actions and expended resources to respond to the spill.

David K. Smith faces at least 30 days and not more than one year in prison, one year of supervised release, and a $100,000 fine. River Marine Enterprises and Western River Assets each face fines of $200,000 and five years of federal probation.

Smith, River Marine Enterprises, and Western River Assets are scheduled to be sentenced on February 26, 2024.

United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Environmental Protection Agency Criminal Investigation Division (EPA CID) and other responders for their efforts to contain and clean up the oil spill.

The United States Attorney’s Office for the Southern District of West Virginia enforces federal laws to protect environmental quality and human health in all communities within the district.

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