FLINT, Mich. — Prosecutors say they're dismissing all criminal charges against eight people in the Flint water scandal and starting the investigation over again.
Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym Worthy have been leading the investigation since Dana Nessel became Attorney General. They say they immediately had "grave concerns" over how the case was handled under the Office of Special Counsel (OSC) appointed by former Attorney General Bill Schuette. Fadwa and Worthy released a statement saying the OSC failed to pursue all available evidence. They say the OSC allowed private law firms to determine which information would be turned over to prosecutors. Those law firms represented the Executive Office of former Governor Rick Snyder, the Department of Environmental Quality, the Department of Treasury and the Department of Health and Human Services.
The investigation is not finished, it's expanding. Worthy and Hammoud say investigators recently obtained millions of new documents and hundreds of electronic devices. Because the charges have been dismissed without prejudice they could be refiled at any time. New charges could be brought against the 8 suspects and new suspects could be charged in the case.
The eight people include former Michigan health director Nick Lyon. He was charged with involuntary manslaughter, misconduct in office and willful neglect of duty, accused of failing to timely inform the public about an outbreak of Legionnaires' disease when Flint was using improperly treated water from the Flint River in 2014 and 2015.
The outbreak occurred at the same time that the city's water system was contaminated with lead.
Lyon was the highest-ranking official to be charged in the investigation. The other suspects are:
- Gerald Ambrose; former Flint emergency manager; charged with misconduct in office, false pretenses, conspiracy to commit false pretenses, willful neglect of duty
- Eden Wells; Department of Health and Human Services chief medical executive; charged with involuntary manslaughter, obstruction of justice, lying to a peace officer
- Patrick Cook; DEQ Drinking Water Unit specialist; charged with misconduct in office, willful neglect of duty, conspiracy
- Howard Croft; Flint water system manager; charged with false pretenses, conspiracy to commit false pretenses
- Darnell Earley; former Flint emergency manager; charged with misconduct in office, false pretenses, conspiracy to commit false pretenses, willful neglect of duty
- Nancy Peeler; director of the Program for Maternal, Infant and Early Childhood Home Visiting for the Department of Health and Human Services; charged with misconduct in office, conspiracy, willful neglect of duty
- Robert Scott; data manager for the Healthy Homes and Lead Prevention program for the Department of Health and Human Services; charged with misconduct in office, conspiracy, willful neglect of duty
The charges are being dismissed without prejudice, meaning they could be refiled and other defendants could be charged as well.
Attorney General Dana Nessel released the following statement about the decision to dismiss charges:
“The depth and breadth of concern for a fair and just prosecution and justice for the people of Flint is precisely why I appointed and entrusted Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym L. Worthy to lead the Flint criminal cases. I trust them and if this step is necessary for them to do a comprehensive and complete investigation. I am in absolute support.
“I want to remind the people of Flint that justice delayed is not always justice denied and a fearless and dedicated team of career prosecutors and investigators are hard at work to ensure those who harmed you are held accountable.”
The Attorney General said her office will not respond to any media inquiries until after Worthy and Hammoud "have had an opportunity to speak directly to the people of Flint."
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