PUEBLO, CO – A Pueblo landlord is facing a lengthy prison sentence after a jury convicted him of knowingly exposing vulnerable workers – including homeless individuals – to dangerous asbestos during a demolition project and illegally dumping the hazardous material. Thomas Kennedy Tienda, 50, was initially sentenced to community corrections but that sentence was revoked and replaced with 48 months of incarceration following an appeal and re-sentencing in August 2012.
The case, which unfolded over several years, began in 2006 when the Pueblo Building Department condemned an apartment building owned by Tienda. Ordered to demolish the structure, Tienda obtained a permit but bypassed crucial safety regulations to save money. Instead of contracting licensed asbestos abatement professionals, he recruited day laborers and homeless individuals, failing to disclose the presence of asbestos-containing materials within the building. This deliberate concealment put the workers at significant risk of developing debilitating and potentially fatal respiratory illnesses.
Investigators discovered that Tienda not only endangered his workers but also created a broader environmental hazard. After the illegal demolition, asbestos-contaminated debris wasn’t disposed of properly. Instead, Tienda used the material to fill potholes on other properties he owned, further spreading the dangerous substance and potentially exposing the public. The Environmental Protection Agency (EPA) was forced to intervene with an emergency response team to remove the asbestos from both the demolished building site and the affected roadways, incurring substantial cleanup costs.
Legal Ramifications & Prosecution
Tienda was initially charged in April 2008 with nine counts of violating Colorado state environmental regulations, including Causing a Hazardous Substance Incident (C.R.S. 29-22-108), Knowing Endangerment under the Colorado Air Quality Control Act (C.R.S. 29-22-108), and Unlawful Waste Disposal (C.R.S. 30-20-102(2)). An amended felony complaint in July 2010 added a charge of attempting to influence a public servant (C.R.S. 18-8-306). After a self-represented trial in October 2011, Tienda was convicted on eight of the nine original counts.
Beyond the criminal penalties, Tienda was ordered to pay $1,821.42 in prosecution and investigation costs to the State of Colorado. More significantly, he was hit with a restitution order of $315,863.64 to the EPA to cover the costs of the emergency asbestos removal and cleanup. Colorado Attorney General John Suthers, speaking after the sentencing, emphasized that Tienda’s “sheer greed” drove him to endanger both his workers and the public. Jeff Martinez, Acting Special Agent in Charge of EPA’s criminal enforcement program, echoed this sentiment, highlighting the agency’s commitment to prosecuting those who prioritize profit over public health and safety.
Key Facts
- Defendant: Thomas Kennedy Tienda
- Location: Pueblo, Colorado
- Crime: Illegal asbestos demolition, worker endangerment, and unlawful disposal of hazardous waste
- Victims: Homeless individuals and day laborers hired for demolition work, the public through environmental contamination
- Laws Violated: C.R.S. 29-22-108, C.R.S. 18-8-306, C.R.S. 30-20-102(2)
- Penalties: 48 months incarceration, $1,821.42 in restitution to the state, $315,863.64 in restitution to the EPA
- EPA Response: Emergency removal of asbestos from the demolition site and pothole locations
The investigation and prosecution involved a collaborative effort between the Colorado Attorney General’s Office, the Colorado Environmental Crime Task Force, the Colorado Department of Public Health and Environment, and the EPA’s Criminal Investigations Division. The case serves as a stark reminder of the severe legal and health consequences associated with improperly handling asbestos, a known carcinogen.
Source: EPA ECHO Enforcement Case Database
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