​FROM:  Karyn Sinunu, Assistant District Attorney  CONTACT PERSON:
John Fioretta, Deputy District Attorney
Environmental Protection Unit
(408) 792-2638   For Immediate Release on September 16, 2002     UNSAFE FUMIGATION RESULTS IN 45 DAY JAIL SENTENCE   On September 13, 2002, Santa Clara County Superior Court Judge Brian Walsh sentenced Andrew J. Shaffer, Jr. to 45 days in county jail for two misdemeanor convictions involving the unlawful use of a pesticide. Shaffer was a field representative for Weed Enterprises, Inc., a fumigation company located in San Jose doing business as Proven Termite Solutions.  Weed Enterprises pleaded to the same offenses and will be sentenced on September 27.  Proven Termite Solutions no longer employs Shaffer. The charges arose in August 2001 when Shaffer approved a fumigated residence as safe for re-entry when it was not.  Dangerous levels of Vikane, an odorless pesticide, remained in the house.  Prolonged exposure to Vikane can cause kidney and lung damage, and a high concentration can be lethal to humans. Judge Walsh also placed Shaffer on probation for three years and ordered him to pay fines and fees of $2,800. The Santa Clara County Department of Agriculture investigated the case, which was prosecuted by the Environmental Protection Unit of the Santa Clara County District Attorney’s Office.

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