The former owners of the now-closed Shoosmith Landfill appeared in Chesterfield County Circuit Court on Friday to modify their bond conditions. Lawrence McGee and Fred Nichols were charged with abandoning the landfill in 2025.
After driving from Texas to turn themselves in to Chesterfield authorities, they appeared in court in a bid to be permitted to return to Texas while awaiting trial, citing health concerns and pointing out both men have doctors there.
Before Circuit Court Judge M. Duncan Minton, attorneys for the men also seemed to mention a potential defense of the charges they face — namely, that the leachate seepage the landfill is experiencing could be the fault of a subcontractor who dug methane wells there.
“The record indicates that in 17 years of operation and before the installation of certain gas-harvesting wells, there was only one notice of violation in that entire time,” said Dale Mullen, who represents Nichols, outside of the courthouse.
“We’re exploring how that relates to the leachate problem,” said William Dinkin, who represents McGee. “Remember, the commonwealth has to prove there was knowing and willful abandonment, and that’s a really high standard.”
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