Freedom officials appear before federal judge; trial date scheduled

A federal magistrate judge denied a motion from federal prosecutors Thursday to place additional bond restrictions on former Freedom Industries President Gary Southern.

Southern and fellow Freedom officials Dennis Farrell and William Tis were before U.S. Magistrate Judge Dwane Tinsley after their recent indictments on charges that they violated federal environmental laws as part of the MCHM chemical spill at Freedom’s tank farm on the Elk River in Charleston a year ago that created the water emergency.

Judge Tinsley kept Southern’s bond at $100,000. It was set there after his initial appearance in federal court in Florida. He did order Southern to give up his private pilot’s license, which Southern’s attorneys had previously proposed.

Southern’s travel is restricted to southern West Virginia, near his home in Florida and in South Carolina where his attorneys are located.

Farrell and Tis both pleaded not guilty to the charges Thursday. They were released on $10,000 unsecured bond each.

Judge Tinsley scheduled pretrial motions for Feb. 18 and a trial date of March 10. The cases are before U.S. District Judge Thomas Johnston, who has yet to rule on a motion from Southern’s attorneys that the Southern District U.S. Attorney’s Office be taken off the case because federal prosecutors and their families were impacted by the water crisis.

In another development Thursday, information was unsealed detailing testimony from an investigating FBI agent who maintained Freedom officials knew about the poor condition of the tank farm on the Elk River, and the tank that spilled the MCHM, years before the Jan. 9. 2014 incident.