Cleveland, OH – Lutellis Kilgore was sentenced to 37 months in federal prison and three years of probation in September 1997 following a guilty plea to multiple violations of federal pesticide laws. The case, originating in March 1997, stemmed from Kilgore’s unauthorized and dangerous application of the highly restricted pesticide methyl parathion in over 60 private residences across Cleveland.
Kilgore, operating without proper licensing or authorization, sprayed the potent agricultural pesticide as a means of pest control within the homes. Methyl parathion is a particularly dangerous substance, strictly regulated for use *only* on agricultural crops and requiring specialized handling and protective equipment. Its use in residential settings poses significant health risks to occupants, including potential neurological damage and acute poisoning.
The Environmental Protection Agency (EPA) was forced to initiate a Superfund emergency removal operation at numerous affected residences. The cleanup, necessary to mitigate the widespread contamination caused by Kilgore’s actions, incurred costs of approximately $20,000 to federal taxpayers. Investigators discovered Kilgore was not a licensed applicator and had distributed the restricted-use pesticide illegally, circumventing crucial safety protocols.
Beyond the FIFRA violations, Kilgore was also charged with making false statements to federal investigators – a crime under 18 U.S.C. 1001. While he ultimately pleaded guilty only to the violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the initial indictment demonstrated the scope of the alleged deception. The prosecution argued Kilgore knowingly endangered public health and safety through his reckless actions and attempts to mislead authorities.
Legal Ramifications
Kilgore was convicted on four counts of violating 7 U.S.C. 136j (a)(2)(F), specifically for the unauthorized commercial application of a restricted use pesticide in a manner inconsistent with its labeling and illegal distribution of the substance. In addition to the 37-month prison sentence and 24-month probation, Kilgore was ordered to pay $125 in federal fines. The case underscores the severe penalties associated with the misuse of pesticides and the EPA’s commitment to enforcing regulations designed to protect public health and the environment.
Key Facts
- Defendant: Lutellis Kilgore
- Location: Cleveland, Ohio
- Pesticide Used: Methyl Parathion (restricted use)
- Number of Residences Affected: Over 60
- EPA Superfund Cleanup Cost: Approximately $20,000
- Statutes Violated: 18 U.S.C. 1001, 7 U.S.C. 136j (a)(2)(F)
- Sentence: 37 months incarceration, 24 months probation, $125 fine
This case serves as a stark warning about the dangers of unqualified individuals handling dangerous chemicals and the importance of adhering to federal regulations governing pesticide use. The EPA continues to investigate and prosecute individuals who put public safety at risk through illegal pesticide applications and fraudulent practices.
Source: EPA ECHO Enforcement Case Database
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