Ypsilanti, MI – David Kircher, the owner of the Eastern Highlands Apartment Complex, has exhausted all appeals and will serve a lengthy prison sentence for illegally dumping massive amounts of untreated sewage into a tributary of the Huron River. The case, initially brought to light in 2005, culminated in Kircher’s conviction in October 2006 and a final affirmation of that conviction by the Michigan Supreme Court in May 2007.
According to court documents, Kircher directed his employees to bypass the sanitary sewer system and instead pump raw sewage directly into a storm drain. This deliberate act resulted in the discharge of an estimated 25,000 to 100,000 gallons of untreated human waste into the environment. The storm drain feeds directly into the Huron River, a vital waterway for recreation and aquatic life, raising significant public health and environmental concerns.
Investigation and Trial
The initial charges against Kircher were filed on July 5, 2005, after an investigation revealed the ongoing practice of illegal dumping. Prosecutors presented evidence demonstrating Kircher’s direct involvement in ordering the bypass of the proper sewage disposal system – a calculated decision made to cut costs at the expense of environmental regulations and public safety. The trial, held in late 2006, resulted in Kircher being convicted on all counts, marking a significant victory for Michigan’s environmental enforcement efforts.
Severe Penalties Imposed
On December 20, 2006, Judge David Swartz handed down a harsh sentence, reflecting the severity of the crime and its potential impact. Kircher was sentenced to 60 months (five years) of incarceration. Beyond imprisonment, Kircher was also ordered to pay a $240 special assessment fee, $5,310 in restitution to the Ypsilanti Community Utilities Authority for cleanup costs, and a staggering $1 million state fine. The substantial financial penalties are intended to both punish the defendant and deter others from similar illegal activities.
Appeals Fail
Despite his attempts to overturn the verdict, Kircher’s appeals were consistently rejected. The Michigan Court of Appeals upheld both the conviction and sentence on February 2, 2007. Undeterred, Kircher appealed to the Michigan Supreme Court, but on May 2, 2007, the state’s highest court also affirmed the lower court rulings, solidifying Kircher’s guilt and ensuring the execution of his sentence. This case serves as a stark reminder that environmental crimes will be prosecuted to the fullest extent of the law.
Key Facts
- Defendant: David Kircher
- Crime: Illegal discharge of untreated sewage
- Location: Ypsilanti, Michigan
- Year: 2007
- Statutes Violated: Michigan state environmental regulations (specific citations not available in provided data)
- Sewage Volume: Estimated 25,000 – 100,000 gallons
- Sentence: 60 months incarceration, $240 special assessment, $5,310 restitution, $1 million fine
- Impact: Contamination of the Huron River and potential public health risk.
GrimyTimes will continue to follow this case and report on any further developments.
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
