Guy Hylton, Asbestos Endangerment, OK 2009

Elk City, Oklahoma – Former city manager Guy Hylton Jr. and building superintendent Chick Little faced federal charges and convictions stemming from the negligent release of asbestos during a 2003 renovation project. The case, investigated by the U.S. Environmental Protection Agency (EPA) Criminal Investigation Division and the Oklahoma Attorney General’s Office, revealed a disturbing disregard for worker safety and a violation of federal environmental laws.

In May 2002, Hylton purchased a historic railroad depot, subsequently renovated by the city of Elk City. The renovation involved the removal of asbestos-containing materials from the building. However, between January and May 2003, city officials directed inmates from a local work program to perform the asbestos abatement *without* providing them with essential protective gear, including respirators, gloves, or protective clothing. This reckless decision resulted in the release of dangerous asbestos fibers into the air, directly endangering the health of the inmate workers.

The EPA’s investigation uncovered that Hylton and Little were aware of the asbestos present in the building but consciously chose to circumvent proper safety protocols to cut costs and expedite the renovation. Prosecutors argued that the defendants’ negligence wasn’t simply an oversight, but a deliberate decision that prioritized expediency over the well-being of those performing the hazardous work. The case hinged on demonstrating that Hylton and Little understood the risks associated with asbestos exposure and knowingly put individuals in harm’s way.

After a jury trial in August 2007, both Hylton and Little were found guilty. Hylton was convicted on a charge of negligent endangerment under the Clean Air Act (CAA), while Little faced both a CAA negligent endangerment charge and a conviction for making false statements to investigators. The false statement charge stemmed from Little’s attempts to downplay the extent of the asbestos exposure and mislead federal investigators.

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Sentencing and Penalties

On January 10, 2008, Hylton was sentenced to six months of incarceration and ordered to pay a $15,000 fine. Co-defendant Chick Little received a harsher sentence of eight months imprisonment, followed by two years of supervised release. These penalties reflect the severity of the offenses and the potential long-term health consequences for the exposed inmates. The case serves as a stark reminder of the legal and ethical obligations surrounding asbestos abatement and the importance of prioritizing worker safety.

Key Facts

Defendant: Guy Hylton Jr., Chick Little
Location: Elk City, Oklahoma
Year of Offense: 2003
Statutes Violated: 42 USC 7413 (c)(5)(A) – Clean Air Act negligent endangerment; 18 U.S.C. 1001 – False Statement
Victims: Inmates performing asbestos removal
Penalties: Hylton – 6 months incarceration, $15,000 fine. Little – 8 months incarceration, 2 years supervised release.

This case underscores the EPA’s commitment to aggressively pursuing criminal enforcement actions against individuals and entities that knowingly violate environmental regulations and endanger public health. The long-term health risks associated with asbestos exposure—including lung cancer, asbestosis, and mesothelioma—make such violations particularly egregious.

Source: EPA ECHO Enforcement Case Database

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