MICHIGAN — All pending charges in the Flint Water Crisis have been dropped, according to state prosecutors, and the investigation into the water scandal will start over again.
The charges being dismissed are against eight people, including former Michigan health director Nick Lyon, charged with involuntary manslaughter and accused of not telling the public about the outbreak of Legionnaires’ disease when Flint was using improperly treated water from the Flint River.
The Flint Water Crisis prosecution team announced the dismissal without prejudice on Thursday “in order to conduct a full and complete investigation.”
Michigan Attorney General Dana Nessel said she is in “full support” of the move.
“The depth and breadth of concern for a fair and just prosecution and justice for the people of Flint is precisely why I appointed and entrusted Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym L. Worthy to lead the Flint criminal case,” Nessel said following the decision. “I trust them and if this step is necessary for them to do a comprehensive and complete investigation. …I want to remind the people of Flint that justice delayed is not always justice denied and a fearless and dedicated team of career prosecutors and investigators are hard at work to ensure those who harmed you are held accountable.”
State officials said there will be no more comment until after Hammoud and Worthy have had an opportunity to “speak directly to the people of Flint.”
A community conversation in Flint has been scheduled for Friday, June 28. Details have not yet been released.
“It is important to note that this voluntary dismissal by our team is not a determination of any defendant’s criminal responsibility,” Hammoud and Worthy said in a joint statement. “We are not precluded from refiling charges against the defendants listed below or adding new charges and additional defendants.
“We understand this decision will not bring immediate remedy or relief to the citizens of Flint, who remain victims of one of the worst man-made environmental disasters in United States history. However, we recognize the only acceptable remedy is the vigorous pursuit of justice, which demands an uncompromising investigation of the Flint Water Crisis and professional prosecution of all those criminally culpable.”
Charges were also dismissed against other health department officials, two former emergency managers and some employees of the city and Michigan Department of Environmental Quality.
Flint resident and grassroots organizer Nayyirah Shariff told The Detroit Free Press that the move was a “slap in the face of Flint residents.”
Read the full statement below from Hammoud and Worthy:
“Legitimate criminal prosecutions require complete investigations. Upon assuming responsibility of this case, our team of career prosecutors and investigators had immediate and grave concerns about the investigative approach and legal theories embraced by the OSC, particularly regarding the pursuit of evidence. After a complete evaluation, our concerns were validated. Contrary to accepted standards of criminal investigation and prosecution, all available evidence was not pursued. Instead, the OSC entered into agreements that gave private law firms—representing Michigan Department of Health and Human Services, Michigan Department of Environmental Quality, the Department of Treasury, and the Executive Office of former Governor Rick Snyder—a role in deciding what information would be turned over to law enforcement.
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“From the outset, our team seriously considered dismissal of all pending cases initiated by the OSC. However, we believed the people of Flint deserved expeditious action, despite the shortcomings of the OSC, and we worked to salvage whatever progress had been made. We were also mindful of the massive expenditure of public resources up to that point and sought to use taxpayer money as efficiently as possible. Nonetheless, we cannot provide the citizens of Flint the investigation they rightly deserve by continuing to build on a flawed foundation. Dismissing these cases allows us to move forward according to the non-negotiable requirements of a thorough, methodical and ethical investigation.
“Our career prosecutors and investigators have worked around the clock to conduct the kind of criminal investigation to which all citizens are entitled, regardless of their zip code. That begins with a commitment to obtain and review all evidence. By executing a series of search warrants, our investigators aggressively pursued an extraordinary amount of potential evidence not previously examined by law enforcement. This week, we completed the transfer into our possession millions of documents and hundreds of new electronic devices, significantly expanding the scope of our investigation. Our team’s efforts have produced the most comprehensive body of evidence to date related to the Flint Water Crisis. We are now in the best possible position to find the answers the citizens of Flint deserve and hold all responsible parties accountable.
“Our team has already identified additional individuals of interest and new information relevant to the Flint Water Crisis. These investigative leads will be aggressively pursued. Additionally, we will evaluate criminal culpability for all Legionnaires deaths that occurred after the switch to the Flint River, which was never done by the OSC.
“It is important to note that this voluntary dismissal by our team is not a determination of any defendant’s criminal responsibility. We are not precluded from refiling charges against the defendants listed below or adding new charges and additional defendants.
“We understand this decision will not bring immediate remedy or relief to the citizens of Flint, who remain victims of one of the worst man-made environmental disasters in United States history. However, we recognize the only acceptable remedy is the vigorous pursuit of justice, which demands an uncompromising investigation of the Flint Water Crisis and professional prosecution of all those criminally culpable. Accordingly, our team will move forward unrestrained by political motivations, prior tactics, or opportunities for financial gain.”
