THE OFFICIAL STORY

The following information came from news articles that were written when this scandal first started in 2006 and the links are on the right side of this blog. There's a lot of details the public was never made aware of and what has happened since Hylton was released from prison needs to be covered by the news media. Hylton got away with a lot of things that need to be documented and many people were afraid of him.

                                                      INDICTMENTS DEC. 2006
Guy Hylton and Chick Arther Little were indicted in December of 2006 by a federal grand jury in Oklahoma City for improperly using inmates from the Elk City work center to renovate a building in January of 2003 that contained asbestos insulation. This occurred at an old railroad depot the City of Elk City had purchased and inmates from the work center are used by the city for many types of labor.

The indictment also included charges for improperly disposing of the asbestos insulation that was removed from the depot and it was dumped at a site that didn't have a permit to handle such waste. According to the indictment the two men lied to the Department of Environmental Quality about the incident and Hylton filed a report with the state in June of 2003, two months before Little spoke to investigators about it.

In December of 2006 Mayor Teresa Mullican announced that the city was going to pay for the legal defense for Hylton and Little stating "Mr. Hylton is one of the most outstanding city managers in Oklahoma and Mr. Little has served the city faithfully." When Hylton was asked about the charges he said his attorney Mack Martin wouldn't let him comment and he denied any guilt.

                                                         TRIAL BEGINS AUG 2007
U.S. Prosecutors claimed the two men knowingly put the inmates in imminent danger of death or serious bodily injury and later tried to cover it up with false statements. In August 2007 a physician by the name of Robert Sawyer testified for the two defendants and he's also an occupational and preventive medicine specialist.

Sawyer said the inmates received high doses of asbestos, but the duration of the exposure was not enough to cause serious bodily harm. He also said "there isn't much risk here at all and it's not a big deal." However Christopher Weis, a toxicologist for the U.S. Environmental Protection Agency, testified the inmates could have been exposed to millions of asbestos fibers a day by inhaling dust during the renovation project.

Inhalation of these fibers could lead to lung diseases such as fibrosis and mesothelioma. The inmates used in the depot were from an eight man project crew and an official from the state operated Elk City work center said the asbestos issue first surfaced when an inmate on the crew approached them with concerns. Kenneth Martin, who oversees the center and its 90 inmates, said the inmate said he felt like he was working in a place where he shouldn't have been because of asbestos.

Martin said he immediately went to the construction supervisor Chick Little and told him they didn't allow any of the workers in a place where they might even suspect asbestos. The crew was pulled off the job after a week, State Corrections Department spokesman Jerry Massie said. Inmates complained afterward of rashes and flu and pneumonia like symptoms. The physician testifying for the defense said the rash could have been caused by "nuisance dust" that was located in the terminal insulation in the historic building and not necessarily caused by asbestos exposure.

The federal grand jury acquitted Guy Hylton of felony charges, but convicted him of a misdemeanor count of endangerment. Little was also convicted of a lesser charge for the endangerment, but was found guilty of one felony count of lying to officials about the asbestos being properly disposed of in a permitted land fill. Both men were found not guilty of illegally disposing of hazardous waste. Granta Nakayama,who is the EPA's assistant administrator for enforcement and compliance, said " all people deserve protection from exposure to environmental hazards and these officials used prisoners to remove cancer causing asbestos without protective equipment."

John C. Richter, who is a United States Attorney for the western District of Oklahoma, said "these senior city officials held a sacred public trust to ensure that the laws established to protect the people they serve were followed. Instead as a jury found, they neglected their duty when they allowed the public to be exposed to danger by the release of hazardous asbestos and took advantage of inmate labor by sending them to work in the depot without protection. Cases like this one are central to the Department of Justice's efforts to vigorously enforce our environmental laws that are designed to protect each and every citizen, no matter their station in life."

Hylton faced up to one year in prison plus a fine up to one hundred thousand dollars. Little faced up to five years in prison plus a fine of up to two hundred and fifty thousand dollars. This case was the result of a joint investigation conducted by the EPA's Criminal Investigation Division, the Oklahoma Attorney General's Office, and the Department of Environmental Quality. This case was prosecuted by Assistant U.S.Attorney's Randy Sengel and Nick Lillard.

Hylton's attorney Mack Martin said jurors likely opted not to convict the two men of the most serious charges against them after hearing the expert witness testify that there was only a low risk of injury for the inmates who were exposed to asbestos while working in the depot. Martin also said Hylton was pleased with the verdict and is looking forward to returning to work in Elk City now the trial is over.

                                                 SENTENCING JAN. 2008
In January of 2008 U.S. District Judge Joe Heaton sentenced Hylton and Little to serve their sentences at the Federal Prison Camp in Big Spring, Texas. Heaton said that Hylton ignored the warnings noting that witnesses testified they had warned him the old Rock Island Railroad Depot might contain asbestos. Judge Heaton commended Hylton for his dedication to public service, but also scolded him for putting inmate work crews at risk.

Heaton said there was ample proof Hylton knew or should have known the building contained asbestos. "He certainly had the authority or the responsibility to deal with those issues,” the judge said, rejecting Hylton's plea for lenience. Judge Heaton, in explaining his decision to assess prison time for a misdemeanor,was quoted as saying he had concluded that Hylton lied on the witness stand about whether he was aware there was asbestos in the depot while the inmates were working. “I think that cuts very strongly against the idea that someone should simply receive a probationary sentence after having taken the stand and lied,”

Prosecutor Randy Sengel said "Hylton ignored all the warnings, opting not to seek a $25 test to confirm whether the building's insulation contained asbestos. He just didn't care." Sengel explained. Hylton's attorney,Mack Martin, said they were going to pursue an appeal. "We look forward to a vindication in the 10th Circuit Court of Appeals in Denver” Martin said.

Hylton was sentenced to six months and ordered to pay a $15,000 fine. Little was sentenced to eight months in prison, serve two years of supervised release upon release from prison and perform 104 hours of community service in lieu of a fine. "These prison sentences should send a strong message of deterrence to public officials regarding the need to obey our environmental laws,” U.S. Attorney John Richter said in a news release.

The city commission called a special meeting to discuss whether to fire Hylton or to accept his resignation. After a two-hour, closed-door session the council took no action, leaving Hylton's employment status intact, along with building supervisor Chick Little. Hylton declined to comment on the vote but his attorney, Mack Martin, said if city officials intended to fire Hylton, they should have done so when he was convicted in August.

                                                APPEAL FAILS FEB. 2009
In February 2009 the Tenth Circuit Court of Appeals issued orders and judgments affirming their convictions and sentences. As a result of the failed appeal and his looming prison sentence, Guy Hylton resigned as Elk City’s Manager effective February 16, 2009. Chick Arthur Little was ordered to report to the Federal Prison Camp in Big Spring on Friday, February 20, 2009, and Guy Hylton has been ordered to report to the same facility on Friday, March 6, 2009.  

“EPA will continue to vigorously enforce our nation’s environmental laws through a strong enforcement program,” said Warren Amburn EPA Special Agent in charge. “We must hold those accountable who endanger others and lie to federal officials to cover up their misconduct.”