Merced, California - Three former executives from a non-profit corporation in Merced, California were set to serve about two years in prison for state and federal asbestos-related charges, but a judge has asked that the plea agreement that sends them to jail be reconsidered, saying he is concerned that it is too harsh.
This past March, Rudy Buendia III, Patrick Bowman and Joseph Cuellar pleaded no contest to federal charges for their role in a renovation project that used unsuspecting high school students to remove asbestos from a community site. The young men had no idea they were being exposed to anything hazardous and were not provided with protective gear to lessen the exposure.
U.S. District Judge Lawrence J. O'Neill had been scheduled to sentence the men this past Monday, but sentencing was postponed due to outstanding restitution issues, reports an article in the Merced Sun-Star. But after O'Neill allowed several supporters of Buendia, Bowman and Cuellar a chance to speak in court Monday, he began to reconsider the punishment, he said.
Many of the defendants’ backers attested to how important they are to the community and about their contributions to various church and civic programs in the area. That was reason enough to be a “bit concerned” about the current plea agreement, said O’Neill.
“There are people who belong in prison. I see it all the time,” O'Neill said. “I am not seeing it here,” he added, noting that he views the defendants as “three people who in a big way have a great deal to give back to the community.” He also noted that incarceration would prevent the men from paying restitution.
The judge, however, told the courtroom that his opinion on the plea agreements and the harshness of the sentence doesn’t mean that the crime isn’t serious. The youth involved were exposed to fairly large amounts of asbestos and will face a life of wondering whether or not they will eventually become sick due to this asbestos exposure. Asbestos diseases, such as mesothelioma, can take decades to develop and may strike when the young men reach middle age.
“I am shocked that a federal judge would make the comments attributed to him without having heard from the victims of these crimes,” said Merced County District Attorney Larry Morse II. “I can assure you, based on years of dealing with this case, that the conduct and actions of the defendants devastated the lives of many completely innocent and trusting high school students, among others.”
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