Fourth Freedom official released pending March trial

The fourth former Freedom Industries official indicted in connection with last Januarys chemical leak on the Elk River appeared in court Monday afternoon and was released on bond pending trial.

Charles E. Herzing, 63, of McMurray, Pennsylvania, was released on a $10,000 unsecured bond after he was arraigned by U.S. Magistrate Judge Dwane Tinsley in Charleston.

Herzing faces three misdemeanor counts of criminal Clean Water Act violations related to Freedoms Jan. 9, 2014, spill of MCHM and other chemicals that contaminated the drinking water supply for hundreds of thousands of people in Charleston and surrounding communities. If convicted, he would face a maximum statutory sentence of three years in prison.

Not guilty, Herzing said during Mondays hearing when Tinsley asked for his plea on the charges against him.

Herzing was one of Freedoms owners prior to December 2013, and was the company vice president and a board member, according to court records.

Two other former Freedom officials -- Dennis Farrell and William Tis -- are also free on $10,000 unsecured bond. They face the same charges as Herzing.

Former Freedom Industries President Gary Southern is free on a $100,000 unsecured bond, He faces similar Clean Water Act charges, but also was indicted on 10 felony counts based on the allegation that Southern lied about his role at Freedom to protect his personal wealth from civil litigation and Freedoms bankruptcy proceeding. If convicted on all counts, Southern, 53, would face a statutory maximum of 68 years in prison.

The four Freedom officials were indicted last month by a federal grand jury following a lengthy investigation by U.S. Attorney Booth Goodwins office.

Assistant U.S. Attorney Phil Wright had asked Tinsley last week to force Southern to post a secured bond to assure Southern doesnt flee prior to trial. Tinsley declined, ruling that Southern was not a flight risk.

During the time they were responsible corporate officers for Freedom, the officials allegedly approved funding only for projects that would result in increased business revenue for Freedom, or that were immediately necessary for required equipment maintenance, officials alleged. They allegedly failed to take action to fund other repair and upkeep projects for equipment and systems necessary for environmental compliance at Freedoms Elk River facility, including repairing a spill containment wall, addressing drainage problems in the containment area, and implementing proper water protection plans.

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Fourth Freedom official released pending March trial

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