todd staples failures caused child’s death

8/8/2019 Todd Staples Failures Caused Childs Death

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FOR IMMEDIATE RELEASEOctober 13, 2010

CONTACT: Vince Leibowitz512.705.7001

[email protected]

Staples Failures Caused Childs Death

Staples Fined Companies, Individuals Responsible For Childs Death APittance; Gilbert Says This Failure Symptomatic Of TDA Being Used And

Abused By Career Politicians Seeking Higher Office

LUBBOCKThe failure of Todd Staples to aggressively utilize the departmentsregulatory powers to protect Texans from dangerous pesticides are directly to blame forthe death of a two-year-old Lubbock girl, Staples opponent charged Wednesday.

Hank Gilbert, the Texas Democratic Partys nominee for Texas AgricultureCommissioner, said that the death of Vantashia Samuels in July of 2007 was the directresult of incumbent Commissioner Todd Staples abject failure to appropriately use hisagencys regulatory authority and protect consumers during his time in office.

The fact that Todd Staples and this agency have such little regard for human lifethat they think less than $2,000 in fines for the company that improperly stored thepesticide directly linked to a childs death should sicken every Texan to their very core,Gilbert said. Then, to think that they were planning to send a warning letter to the

childs motherin essence telling a grieving mother this is all your fault, isunconscionable, he continued.This is what you get when career politicians use a state agency as a stepping

stone to higher office for nearly two decades, Gilbert said.In this case, TDA didnt even bother to personally contact any of the victims for

their actual investigation. No victim interviews were done. Thats outrageous, Gilbertid I id it b f d Ill it i T dd St l h bl d hi h d d


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HOW TODD STAPLESNEGLIGENCE LED TO A CHILDS DEATH

The Death of Vantashia Samules

According to internal Texas Department of Agriculture documents and reportsfrom the Lubbock Police Department, Red River Commodities, a company well-knownto TDA as a user of highly toxic pesticides, improperly stored a highly toxic pesticideknown as Phostoxin.

Phostoxin (the trade name for aluminum phosphide) is a toxic pesticide possessed

by Red River Commodities in pellet form. The company was using Phostoxin forfumigation of grain warehouses, and storing the pesticide in a manner inconsistentwith state law. By failing to secure and lock the cabinet holding the toxic pesticide, aRed River Commodities employee who wasnt licensed by TDA to apply or use thepesticide acquired Phostoxin. The employee, in turn, sold the pesticide to a Lubbockfamily and applied it at their home to kill roaches. As a result of the misapplication ofPhostoxin, five people in the home became sick from inhaling Phostoxin fumes andtwo-year-old Vantashia Samuels died of Phostoxin poisoning.

Staples Regulatory Failure and Light Penalty for Baby Samules Death is Par for Course

In spite of the fact that baby Samules died as a result of Red River Commoditiesfailure to store the pesticide properly as well as TDAs failure to properly overseecompanies and licensed applicators using these products the Texas Department ofAgriculture levied less than $2,000 in fines against Red River Commodities and less

than $1,000 in fines against the licensed applicator on staff for Red RiverCommodities. The former Red River Commodities employee who illegally applied thePhostoxin was fined a total of $2,500, but, according to TDA records, was never locatedas part of the agencys investigation.

Gilbert said Staples and TDA have an abysmal record when it comes to protectingTexans, and that the death of Vantashia Samuels is the result of an agency that has beenused and abused by career politicians looking for a stepping-stone to higher office.

The fluctuation in the number of regulatory inspectors at the agency is a prime

example of Staples ongoing negligence. Gilbert noted that, in each election year from1991 to 2006, the number of regulatory inspectors employed by TDA significantlydropped from what it was the year prior.

In 2007 when this incident occurred, TDA had only 136 regulatoryinspectorsup only two inspectors form the election-year low of 134 in 2006, whichwas down considerably from 143 inspectors in 2005 and 150 inspectors in 2004.


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inspectors at TDA beyond the numbers that they were when Susan Combs wasabandoning her office to run for Comptroller, Gilbert said. The only reason for an

appreciable increase in the number of regulatory inspectors during Staples tenure is thatthe Structural Pest Control Board and its 13 inspectors merged with TDA, he continued.

It's not doing more with less, it's taking an inexcusable risk with public safetyby playing the game of a career politician, he said.

At the end of the day, Texans can look to Todd Staples and cast this death at hisdoorstep, Gilbert said. It is Todd Staples who oversaw an agency that failed to pay anyattention whatsoever to a company that, according to TDAs own reports, the agencyknew was applying toxic pesticides like this, Gilbert said. Staples has abdicated his

responsibility to protect Texans, he continued.


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FACT SHEET

Phostoxin is the trade name for aluminum phosphide manufactured byDegesch, the same company that manufactured Zyklon Ba similarfumigantused to exterminate persons held in concentration camps duringthe Holocaust.

FACT: TDA was well aware that Phostoxin was in use by Red River Commodities and

had been for years. [Pesticide Complaint 01-07-0074, Incident 00003035, Page 4]

FACT: Red River Commodities staff lied to TDA inspectors about how Phostoxinapplications at the company. [Pesticide Complaint 01-07-0074, Incident 00003035, Page6]

FACT: Although Red River was fined less than $2,000, TDA planned to send the motherof the deceased two-year-old a threatening letter essentially blaming her for her own

childs death. [PERC documents, page 2]

FACT: TDA admitted that Red River Commodities failed to properly secure thePhostoxin by failing to keep it under lock and key. [PERC documents, page 4]

FACT: In 2007, TDA had only 136 regulatory inspectors on staff according to data fromthe Texas Comptroller of Public Accounts. This was an increase of only two inspectorsfrom the 2006 low of 134 (an election year low) coming after an all-time pre 2008 highof 150 inspectors.

FACT: Although TDA says they couldnt locate Anthony Fred Evansand presumablyhas not yet served Evans with his notice of violation given the fact that the agencyrecently told the Texas Attorney Generals Office this case was still pendingLubbockCounty records indicate that Evans served a 55-day jail sentence for Driving WhileIntoxicated in 2009; TDA had ample time to serve Evans and prosecute him through the

Administrative Hearings process in 2009.


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todd staples failures caused child’s death

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