Department of Justice Seal


FOR IMMEDIATE RELEASE	ENR

FRIDAY, FEBRUARY 13, 1998 (202) 514-2008

TDD (202) 514-1888



TWO TENNESSEE MEN ARRESTED THIS MORNING ON CHARGES
THEY SPRAYED HOMES WITH TOXIC PESTICIDES




WASHINGTON, D.C. -- Federal and Tennessee state agents today arrested two men who were indicted by A Memphis grand jury yesterday alleging they illegally sprayed dozens of Memphis homes with highly toxic pesticides which may only be used for agricultural purposes in uninhabited fields.

In a 42-count indictment, the grand jury alleged that Robert E. Kelly, Jr. and his son, Robert E. Kelly, III, who operate an exterminating business under the name Kelly Spraying Service, applied the pesticides methyl parathion and malathion to the homes of customers in the Memphis area. They were arrested this morning at their home in Memphis. Methyl parathion is a restricted use pesticide that may only be purchased by individuals trained in its proper agricultural use. It is a potent neurotoxin that can cause headaches, nausea, vomiting, blurred vision, breathing difficulties, coma, and death. Malathion also is a neurotoxin which, like methyl parathion, may only be used outdoors.

"The government will prosecute those who misuse these dangerous pesticides and endanger peoples lives," said Lois Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division.

The indictment alleges that Robert Kelly, Jr. bought the pesticides in Mississippi where he had obtained licenses allowing him to purchase potent agricultural pesticides. The indictment charges that between 1992 and 1996, Robert Kelly, Jr. purchased as at least 280 gallons of methyl parathion from various Mississippi agricultural cooperatives for use in his Memphis extermination business. The Kellys are alleged to have sprayed these toxic agricultural poisons in customers' homes without disclosing the nature and danger of the pesticides that they were applying.

The Kellys are scheduled to be arraigned on Wednesday, February 18. They face penalties of up to one year in jail and a fine of up to $100,000 for each count.

An indictment represents charges brought by a grand jury and is not itself evidence. The government has the burden of proving the charges at trial beyond a reasonable doubt.

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