Wednesday, June 14, 2017

Michigan Health Director, 4 Others Charged With Manslaughter Over Flint Water
Lead poisoned thousands, but infections also linked to water killed at least a dozen.

BETH MOLE
6/14/2017, 5:20 PM

Enlarge / Posters above water fountains warn against drinking the water at Flint Northwestern High School in Flint, Michigan.

Michigan Attorney General Bill Schuette charged five public officials with involuntary manslaughter on Wednesday in connection to the ongoing Flint water crisis. Those charged include the state’s director of Health and Human Services, Nick Lyon.

This latest batch of charges is the fourth linked to the water disaster, which exposed thousands of Flint children to lead-laced water and is linked to an outbreak of Legionnaires’ disease that contributed to at least 12 deaths.

As the water catastrophe stretches into its third year, Lyon is the highest-ranking member of Republican Governor Rick Snyder’s administration to get ensnarled in the ongoing criminal investigation.

The Detroit Free Press reported that Schuette has no plans to charge Snyder, who has faced calls to resign. However, Schuette noted that “we have attempted to interview the governor,” but “we were not successful.”

Turning water into crime

The crisis began in 2014, when state-appointed emergency managers switched the town’s water supply in order to save money. Flint was paying Detroit to pipe in treated water sourced from Lake Huron and the Detroit River. Emergency managers switched to using Flint River water instead. But they did not ensure that the water was treated properly with chemicals to prevent corrosion in aging plumbing. As such, lead and other metals leached from piping into the water supply.

Additionally, research suggests that the corrosion interfered with disinfectants in the water and released iron and other bacterial nutrients, promoting the growth of Legionella bacteria. Researchers have since found high levels of Legionella in Flint water. If the waterborne bacteria are aerosolized—say, in the mist of a hot shower, humidifier, or water cooler—then inhaled, they can cause a life-threatening type of pneumonia called Legionnaires’ disease (named after a 1976 outbreak at an American Legion convention).

Flint experienced an outbreak of Legionnaires’ disease following the water switch, with a case count now around 100. Genetic testing has reportedly linked Legionella strains found in city water to those in patients with the disease.

Today’s charges

Wednesday’s involuntary manslaughter chargers related to the death of Robert Skidmore, who died of Legionnaires’ disease in 2015 at the age of 85.

According to the charging documents, Lyon knew about the outbreak in early 2015 but waited a year to notify the public. That was too late for Skidmore.

The documents allege that Lyon “willfully disregarded the deadly nature of the Legionnaires’ disease outbreak.” He was quoted as saying that he “can't save everyone,” and “everyone has to die of something.” Involuntary manslaughter is a felony punishable by up to 15 years in prison.

Lyon is also charged with misconduct in office for allegedly obstructing university researchers from studying the outbreak. This is also a felony, punishable by up to five years in prison.

The other officials charged with manslaughter are:

Darnell Earley, the former Flint emergency manager
Howard Croft, former City of Flint Water Department manager
Liane Shekter-Smith, Michigan Department of Environmental Quality’s Drinking Water chief
Stephen Busch, water supervisor

On Wednesday, Attorney General Bill Schuette also charged Eden Wells with obstruction of justice and lying to an investigator. Wells, the chief medical executive of the Michigan Department of Health and Human Services, allegedly lied about when she learned of the outbreak, saying she learned later than she allegedly did.

Schuette told reporters Wednesday that “the health crisis in Flint has created a trust crisis for Michigan government, exposing a serious lack of confidence in leaders who accept responsibility and solve problems.” The new charges are presumably actions meant to help reinstate trust.

In a statement today, Governor Snyder responded by saying:

Director Lyon and Dr. Eden Wells, like every other person who has been charged with a crime by Bill Schuette, are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Some state employees were charged over a year ago and have been suspended from work since that time. They still have not had their day in court. That is not justice for Flint nor for those who have been charged. Director Lyon and Dr. Wells have been and continue to be instrumental in Flint’s recovery. They have my full faith and confidence, and will remain on duty at DHHS.

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