Investigator: Manslaughter charges possible in Flint

Associated Press

LANSING, Mich.

Flint’s water crisis, after a switch in the source allowed dangerous levels of lead and potentially caused deadly cases of Legionnaires’ disease, could result in criminal charges as serious as involuntary manslaughter, a top investigator said Tuesday.

The emergency will prompt Gov. Rick Snyder to propose an additional $195 million in aid in his annual budget proposal on Wednesday, including $25 million to potentially replace old lead and copper pipes. Snyder also plans to call for $165 million in funding for infrastructure needs across Michigan in the 2016-17 budget.

If approved by lawmakers, state spending on the Flint water disaster will top $232 million over this fiscal year and next.

Todd Flood, who was appointed as special counsel by Michigan Attorney General Bill Schuette last month because Schuette’s office is defending the state in civil lawsuits, said manslaughter charges could be on the table if government officials were grossly negligent in their handling of the city’s water change and the aftermath. The maximum prison sentence is 15 years.

“It’s not far-fetched,” Flood told reporters, pointing to similar charges against people for deaths on construction sites. He also reiterated the possibility of charges for misconduct in office.

Flood said it is possible no crimes were committed – instead just “honest mistakes” – unless authorities breached their duty in a “grossly negligent way.” Another factor is what officials did or failed to do after their mistakes.

“If I knew something bad was going on ... and I just want to turn my blind eye, that could be a problem,” said Flood, a former Wayne County assistant prosecutor who spoke at a news conference with the Republican attorney general and investigators.

Flint is under a state of emergency because of lead-tainted water. Outside experts also have suggested a link between the Flint River and a Legionnaires’ disease outbreak. There were at least 87 cases across Genesee County during a 17-month period, including nine deaths.

The city’s water supply was switched from the Detroit system to the Flint River as a cost-saving measure in 2014, when Flint was under state emergency financial management. It was an interim measure while a new pipeline to Lake Huron is being built. But the improperly treated river water caused lead to leach from old pipes.

If consumed, lead can cause developmental delays and learning disabilities. Flint has since moved back to the Detroit system; officials hope anti-corrosion chemicals will recoat the pipes so it is safe to drink without filters within months. Republican Gov. Rick Snyder, under fire for his administration’s role in the emergency, has accepted responsibility while also blaming local officials and federal environmental regulators.