Michigan Attorney General's office drops all pending Flint Water Crisis criminal cases, pending further investigation

The depth and breadth of concern for a fair and just prosecution and justice for the people of Flint is precisely why I appointed and entrusted Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym L. Worthy to lead the Flint criminal cases. I trust them and if this step is necessary for them to do a comprehensive and complete investigation. I am in absolute support.

I want to remind the people of Flint that justice delayed is not always justice denied and a fearless and dedicated team of career prosecutors and investigators are hard at work to ensure those who harmed you are held accountable.

Legitimate criminal prosecutions require complete investigations. Upon assuming responsibility of this case, our team of career prosecutors and investigators had immediate and grave concerns about the investigative approach and legal theories embraced by the OSC, particularly regarding the pursuit of evidence. After a complete evaluation, our concerns were validated. Contrary to accepted standards of criminal investigation and prosecution, all available evidence was not pursued. Instead, the OSC entered into agreements that gave private law firms—representing Michigan Department of Health and Human Services, Michigan Department of Environmental Quality, the Department of Treasury, and the Executive Office of former Governor Rick Snyder—a role in deciding what information would be turned over to law enforcement.

From the outset, our team seriously considered dismissal of all pending cases initiated by the OSC. However, we believed the people of Flint deserved expeditious action, despite the shortcomings of the OSC, and we worked to salvage whatever progress had been made. We were also mindful of the massive expenditure of public resources up to that point and sought to use taxpayer money as efficiently as possible. Nonetheless, we cannot provide the citizens of Flint the investigation they rightly deserve by continuing to build on a flawed foundation. Dismissing these cases allows us to move forward according to the non-negotiable requirements of a thorough, methodical and ethical investigation.

Our career prosecutors and investigators have worked around the clock to conduct the kind of criminal investigation to which all citizens are entitled, regardless of their zip code. That begins with a commitment to obtain and review all evidence. By executing a series of search warrants, our investigators aggressively pursued an extraordinary amount of potential evidence not previously examined by law enforcement. This week, we completed the transfer into our possession millions of documents and hundreds of new electronic devices, significantly expanding the scope of our investigation. Our team’s efforts have produced the most comprehensive body of evidence to date related to the Flint Water Crisis. We are now in the best possible position to find the answers the citizens of Flint deserve and hold all responsible parties accountable.

Our team has already identified additional individuals of interest and new information relevant to the Flint Water Crisis. These investigative leads will be aggressively pursued. Additionally, we will evaluate criminal culpability for all Legionnaires deaths that occurred after the switch to the Flint River, which was never done by the OSC.

It is important to note that this voluntary dismissal by our team is not a determination of any defendant’s criminal responsibility. We are not precluded from refiling charges against the defendants listed below or adding new charges and additional defendants.

We understand this decision will not bring immediate remedy or relief to the citizens of Flint, who remain victims of one of the worst man-made environmental disasters in United States history. However, we recognize the only acceptable remedy is the vigorous pursuit of justice, which demands an uncompromising investigation of the Flint Water Crisis and professional prosecution of all those criminally culpable. Accordingly, our team will move forward unrestrained by political motivations, prior tactics, or opportunities for financial gain.

Let me be clear: I want to see people behind bars. Words cannot express how disappointed I am that justice continues to be delayed and denied to the people of my city. Months of investigation have turned into years, and the only thing to show for it is a bunch of lawyers who have gotten richoff the taxpayers’ dime. The people of Flint believe that they will never see justice, and sadly, so far they’ve been proven right. I hope and expect that this will not be the case for much longer, but until then, I will continue to fight for my city and hold people accountable.”