Coleman Nocks, the exterminator charged in the deaths of Rebecca and Rachel Toone last February, and Ray Wilson Sr., owner of Bugman Pest and Lawn, made separate appearances in U.S. District Court on three class A misdemeanor counts each. Each count is punishable by up to a year in prison and a fine of $25,000. Bugman Pest and Lawn could also face a $200,000 fine on each count.
A trial date has been set for May 2.
According to the federal indictment, Nocks applied too much of a pesticide call Fumitoxin at homes in Layton, Centerville and North Salt Lake, “inconsistent with its labeling.”
On Feb. 5, Nocks applied the pesticide at the Layton home of the Toone family, where 4-year-old Rebecca and 15-month-old Rachel lived with their parents and siblings. Within three days of the pesticide’s application the girls were both dead.
Prosecutors allege their deaths were the result of the girls inhaling the aluminum phosphide fumes that seeped into the home from burrows in the yard containing the pesticide pellets.
Nocks and Wilson are both charged with using too much Fumitoxin and putting it too close to the house.
According to the indictment the pesticide was applied within 15 feet of the home, exceeding federal dosage guidelines.
When the federal indictment came down, Layton City dropped its case against Nocks without prejudice, meaning it could refile the charges.