U.S. Attorney Leigha Simonton announced today that nine men and a company have been charged with conspiring to install so-called ‘defeat devices’ on diesel trucks, allowing them to emit far more pollutants than allowed by law.
The indictment, filed by the Northern District of Texas, names Phillip Dwain Waddell, 39, Philip Matthew Ormand, 42, Kolby Douglas Huneycutt, 29, Kyle Kris Kizer, 35, Jonathan Joseph Lohrmeyer, 38, Justin Loutoyama Pasamonte, 45, Archie George Sims, 41, Adam Marsh Stanley, 32, and James Hodge Motors, Inc. (doing business as Jay Hodge Dodge) and its Chief Operating Officer, Curtis Kevin Poore, 54.
These defendants allegedly made their initial appearances before U.S. Magistrate Judges Hal R. Ray, Jr., Rebecca Rutherford, and Renée H. Toliver. According to U.S. Attorney Simonton, ‘These defendants intentionally flouted laws designed to ensure our children – and our children’s children – have clean air to breathe. By installing devices that bypassed automakers’ built in emissions controls, they spewed pollutants into our neighborhoods.’
The indictment alleges that Phillip Waddell sold aftermarket diesel exhaust components, tuners, and so-called ‘delete tunes’ that allowed vehicles to spew excess pollutants into the air by overriding on-board diagnostic (OBD) systems required by the Clean Air Act. These devices can be modified so that OBDs cannot detect emission changes; thus, the vehicle cannot activate indicator lights, record diagnostic trouble codes, or place a vehicle into limp mode.
From August 2018 to April 2021, Waddell allegedly paid Ormand more than $2 million for delete tunes, and allegedly sold the tunes for between $300 and $1,350. Waddell’s customers included James Hodge Motors and several individuals who operated their own diesel repair and customization businesses.
If convicted, each defendant faces up to five years in federal prison; the company faces up to $500,000 in fines. An indictment is merely an allegation of criminal conduct, not evidence. All defendants are presumed innocent until proven guilty in a court of law.
The Environmental Protection Agency – Criminal Investigation Division’s Southwest Area Branch (Region 6) conducted the investigation with the assistance of the Texas Commission on Environmental Quality. Assistant U.S. Attorney Douglas Brasher is prosecuting the case.
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Key Facts
- State: Texas
- Agency: DOJ USAO
- Category: Environmental Crime
- Source: Official Source ↗
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