Hesters indicted by federal grand jury
By JIMMY GALVAN Editor

Two Kirbyville men were indicted by a federal grand jury May 7 on environmental crimes.

Simply Aquatics, Inc. President Kevin Wayne Hester, 34 and his father, Kyle Hester, 59, were indicted on unlawfully transporting and disposing of hazardous wastes.

The indictment alleges that over a period of time the defendants directed others to wash out drums containing hazardous chemicals out onto the ground at their shop facility located in Kirbyville.

The indictment alleges that in May of 2006 the Hesters transported 33 compressed gas cylinders under high pressure, which contained a combined total of 952 pounds of chlorine gas, without the proper manifest and without a permit.

The Hesters allegedly unlawfully disposed of the 33 compressed chlorine gas cylinders by burying them at Kevin Wayne Hester's residential and ranching property located outside of Kirbyville.

If convicted, the Hesters face up to five years in federal prison and a fine of up to $250,000.

Members of the Environmental Protection Agency and Texas Commission for Environmental Quality served a search warrant on a home in rural Newton County Monday, Jan. 8, in search for buried chlorine cylinders.

AUSA Jim Noble in Tyler prosecuted the case.