But they’ve now filed a wrongful death suit in 2nd District Court.
Rebecca Kay Toone, 4, and Rachel Ana Toone, 15 months died a few days after a pesticide was applied on the front lawn of their Layton home. Authorities say the girls’ deaths were caused by inhaling fumes from the pesticide Fumitoxin, which they believe was placed too close to the home.
Named in the civil suit are exterminator Coleman Nocks; the company which employed him, Bugman Pest and Lawn Inc.; its owners Raymond Wilson Sr., and Raymond Wilson Jr.; and five other unidentified people who may have been involved in the pesticide’s application.
The Toones are seeking unspecified damages, but enough to cover the negligence and infliction of emotional distress brought on by the girls’ deaths and illnesses of other family members, including nausea, vomiting and headaches experienced by Nathan, as well as the couple’s 7- and 9-year old children, according to the suit.
Nocks was working for Bugman when he applied Fumitoxin at the Toone home on Feb. 5, 2010.
The family became ill that weekend and the girls both died within three days.
Nocks was charged in 2nd District Court with a class A misdemeanor in April 2010. He pleaded not guilty and his case was pending when he and Bugman were named in a federal indictment.
Nocks and Bugman pleaded not guilty to three counts of unlawful use of a pesticide in U.S. District Court last month, and at their federal court appearance, Ray Wilson Sr., said the cause of the girls’ death was up for debate, saying it may have been carbon monoxide poisoning.
If convicted, Nocks faces up to a year in prison and a $100,000 fine on each count, and the company could face a fine of $200,000 on each count.
The case is set to go to trial on May 2.
Peter Summerill, the family’s attorney released a statement Thursday which said, “The Toone family intends to see that those responsible for this tragedy are held fully accountable, both within the criminal and civil justice system.
“The Toone family continues to have confidence in this country’s legal system and will support the efforts of the government officials responsible for prosecuting criminal cases while also pursuing a civil claim through their own attorneys. Beyond this statement, the Toones do not wish to comment.”