Crime & Safety

MI Judge Tosses Flint Water Crisis Charges Against 7 People: Report

The judge said the charges are invalid, because a one-judge grand jury had no authority to issue indictments, according to reports.

The Flint water plant tower is seen on Jan. 6, 2022, in Flint, Mich. A Michigan judge dismissed charges Tuesday, against seven people in the Flint water scandal, including two former state health officials blamed for deaths from Legionnaires' disease.
The Flint water plant tower is seen on Jan. 6, 2022, in Flint, Mich. A Michigan judge dismissed charges Tuesday, against seven people in the Flint water scandal, including two former state health officials blamed for deaths from Legionnaires' disease. (Carlos Osorio/AP)

MICHIGAN — A Michigan judge threw out felony charges Tuesday against seven former state officials who were charged in connection to the Flint water crisis, becoming the second state court to do so in a matter of months, according to reports.

Genesee County Circuit Judge Elizabeth Kelly said charges against the seven former officials, including former cabinet members of former Gov. Rick Snyder, are invalid, because a one-judge grand jury had no authority to issue indictments, according to reports.

"Because the one-person grand jury does not have the power to issue indictments, the indictments issued in the felony Flint water cases were void ab initio," Kelly said in the ruling. "Therefore, anything arising out of the invalid indictments are irreconcilably tainted from inception."

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The circuit court ruling comes in lockstep with the Michigan Supreme Court, which also cleared the former officials of charges in connection to the Flint water crisis in June.

The order applies to charges filed against former state health director Nick Lyon, former state medical executive Eden Wells, former Gov. Rick Snyder's advisor Richard Baird and communications director Jarrod Agen, former Flint emergency managers Gerald Ambrose and Darnell Earley and state health department employee Nancy Peeler. All of them pleaded not guilty.

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The order does not, however, apply to Snyder, because his charges are misdemeanors and are handled at the district court level. The former Republican governor was charged with two counts of willful neglect, which each carry a maximum sentence of one year in prison and a fine up to $1,000.

At least 12 people died and 80 were sickened with Legionnaires' disease when state officials decided to switch Flint's water supply from Lake Huron to the Flint River, which caused lead to leach from old pipes, poisoning the majority Black city's water system.

Michigan Attorney General Dana Nessel put together a team spearheaded by Fadwa Hammoud and Wayne County prosecutor Kym Worthy to lead the criminal investigation into the official's decision.

Hammoud and Worthy then presented their findings in secret to a one-judge grand jury in Genesee County, who then issued the indictments.

The Associated Press contributed to this report.

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