A federal judge on Wednesday gave former Freedom Industries President Dennis Farrell permission to travel to Florida before he spends 30 days in jail for pollution crimes related to his role in the January 2014 chemical spill that contaminated drinking water supplies for hundreds of thousands of residents in the Kanawha Valley and surrounding communities.
U.S. District Judge Thomas Johnston approved the travel one day after Farrell defense lawyer Mike Carey filed a motion asking for court approval for the trip.
Carey wrote that Farrell owns a home in Ormond Beach, Florida, and wants to travel there "for the purpose of maintaining that residence." He asked to be able to leave on Thursday and return to Charleston on March 15.
Farrell was sentenced by U.S. District Judge Thomas Johnston to serve 30 days in a federal Bureau of Prisons' facility to be designated by the U.S. Marshal's Service.
"Should a prison designation be made by the United States Marshal prior to defendant's return to Charleston, he will immediately return and meet all of his reporting obligations," Carey wrote in the motion.
Farrell remains free on bond, and according to an order issued by U.S. Magistrate Judge Dwayne L. Tinsley in January 2015, must receive court approval before traveling outside the Southern District of West Virginia court region.
Last month, Johnston ordered Farrell to serve 30 days in prison and pay a $20,000 fine. Farrell pleaded guilty to two water pollution crimes: causing a discharge of refuse into a stream, and negligent violation of a Clean Water Act permit condition.
Also, former Freedom co-owner William Tis filed a separate request with Johnston for permission to travel outside of the Western District of Pennsylvania - where he lives and is being supervised by probation officials - "for the purposes of attending to certain financial and business matters."
Tis was sentenced to three years probation and a $20,000 fine. He pleaded guilty to one misdemeanor count of causing an unlawful discharge of refuse matter. Defense lawyer John Carr asked for the court approval because he said probation officials have a "blanket policy" of not allowing travel outside the district during the first 60 days of supervision. Johnston had not yet ruled on the request from Tis.
Reach Ken Ward Jr. at kward@wvgazettemail.com, 304-348-1702 or follow @kenwardjr on Twitter.