United States of America v. Dennis Eugene West

Charleston, West Virginia, criminal defense lawyer represented the Defendant charged with illegal discharge of pollutant.

By Kent Morlan

On August 24, 2022, Dennis Eugene West, age 58, of Moncks Corner, South Carolina, was driving a tractor trailer in the northbound lane of the West Virginia Turnpike/Interstate 64-77 when he crashed while crossing Skitter Creek Bridge in Fayette County. Numerous totes containing alkyl dimethylamine that West was hauling ruptured as a result of the crash, and the pollutants spilled onto the bridge and ultimately discharged into Paint Creek. The discharge of the pollutants into Paint Creek, a tributary of the Kanawha River, continued until August 25, 2025, and caused adverse impacts on the aquatic life of the creek including the killing of several species of fish. The crash also shut down that entire section of the West Virginia Turnpike for more than 12 hours.

West admitted that he operated the tractor trailer while under the influence of alcohol at the time of the crash. Law enforcement determined that West’s Blood Alcohol Content (BAC) was more than 0.08 percent. West Virginia law prohibits any person from operating a commercial motor vehicle with a BAC of 0.04 percent or more. West further admitted that he did not have a permit issued pursuant to the federal Clean Water Act to discharge pollutants, including alkyl dimethylamine, into Paint Creek or any other water in West Virginia.

West also pleaded guilty on behalf of his trucking business, Gadsden, Gaillard and West LLC, to negligent discharge of pollutants into United States waters. The trucking firm’s insurance policy, which covered West, previously paid over $900,000 toward environmental containment, site cleanup, personal injury expenses, property damages, and other related costs.

“The defendant chose to transport a hazardous chemical while intoxicated, and that reckless decision didn’t just break the law — it put lives at risk and scarred this community’s environment,” said United States Attorney Moore Capito. “What followed, however, was a remarkable show of professionalism and resolve. I want to recognize the investigators from the U.S. Environmental Protection Agency Criminal Investigation Division, the West Virginia Department of Environmental Protection, and the West Virginia State Police, whose work ensured accountability in this case. Equally important are the first responders — men and women who ran toward danger, not away from it — who secured the scene, protected the public, and worked tirelessly, hour after hour, to contain the damage and begin restoring what was harmed. Their swift, coordinated response turned what could have been far worse into a situation this community can recover from. Their commitment deserves not just our thanks, but our respect.”

United States District Judge Irene C. Berger ordered the restitution and imposed the sentence. Assistant United States Attorney Erik S. Goes and Special Assistant United States Attorney David Lastra prosecuted the case with assistance from Financial Litigation Assistant United States Attorney Ryan Combs.

The Defendant was found guilty and was ordered to pay $266,444,86 in restitution for negligent discharge of pollutants into United States waters. West was also sentenced to three years of federal probation and fined $5,000.