The company, and the owner’s son Raymond Wilson Jr., were charged in U.S. District Court Wednesday with five misdemeanor counts of unlawful use of a registered pesticide.
The new indictment accuses Bugman and Wilson of “knowingly” using a registered pesticide “in a manner inconsistent with its labeling to wit: applying Fumitoxen into a burrow system that is within 15 feet of a building that may be occupied by humans,” at homes in Salt Lake City, Park City and Sandy in August 2009.
The Wilson father and son are both scheduled to make an initial court appearance on May 17.
The company, Wilson Sr., and former employee Coleman Nocks were charged in February 2010 in federal court with three counts of unlawful use of the pesticide at a Layton home where two girls, ages 4 and 15 months died, after Nocks allegedly spread the poison too close to the family home to remove voles.
Nocks and Wilson Sr., pleaded not guilty. They are set to go to trial in October. Those charges are separate from the new indictment.
Nocks was also initially charged in 2nd District Court with two counts of negligent homicide, a class A misdemeanor. The charges were dropped when the federal indictment was filed.
Nathan and Brenda Toone parents of Rebecca and Rachel Ana Toone, who died in the Layton incident, filed a wrongful death suit last month in 2nd District Court.