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Attorney General DeWine Announces Indictment of Company, Managers for Fatal Factory Fire

1/8/2016

(CINCINNATI)—Ohio Attorney General Mike DeWine today announced that a Hamilton County Grand Jury has indicted an environmental services company and two company managers in connection with a fire that resulted in the death of an employee.

The indictment, filed yesterday, charges Environmental Enterprises Inc. with nine counts, including involuntary manslaughter, reckless homicide, tampering with records, tampering with evidence, and violating the terms of a solid waste license. The charges stem from a Dec. 28, 2012, fire at the company’s Spring Grove Avenue facility that led to the death of a 20-year-old employee, Zachary Henzerling, who was treating hazardous waste at the facility and was burned when the fire ignited.

Henzerling’s supervisor, Kyle M. Duffens, was indicted on one count of involuntary manslaughter, one count of reckless homicide, and three counts of violating the terms of a solid waste license, including failure to take proper precautions to prevent a fire or explosion.

Gerald E. Nocks, a company manager, was indicted on one count of violating a solid waste license for failing to properly train employees, one count of tampering with records, and two counts of tampering with evidence. Nocks is accused of falsifying training records to make it appear that employees had received training they had not been given.

An attorney with Ohio Attorney General Mike DeWine’s Special Prosecutions Section was appointed by Hamilton County Prosecutor Joseph T. Deters to serve as a special prosecutor in the case.

The case was investigated jointly by Attorney General DeWine’s Bureau of Criminal Investigation, Environmental Enforcement Unit; the Ohio Environmental Protection Agency’s Special Investigations Unit; and the U.S. Environmental Protection Agency’s Criminal Investigative Division, all of which are members of the Southwest Ohio Environmental Crimes Task Force.

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Documents

Indictment (PDF)

Media Contacts

Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840