SYRACUSE - While acknowledging John Chick's responsibility in illegally removing asbestos from a county building two years ago, a federal judge said that his superiors should also bear some blame.

Chick, formerly a county carpenter, was sentenced in U.S. Northern District Court Thursday to 15 months in federal prison for his role in removing asbestos from the county Board of Elections building basement in February 2006.

Judge Frederick J. Scullin Jr. also sentenced Chick to three years post-release supervision and ordered him to pay $108,000 in restitution - the cost of asbestos cleanup. The restitution will be paid in monthly installments with 25 percent of Chick's income in prison and $150 following his release.

Chick does not plan to appeal.

“You knew what you were doing,” Scullin said. “You knew that this was asbestos. You knew you were exposing others to the dangers created by the release of this substance.”

Yet Scullin also appeared to concur with statements made earlier by defense counsel Paul Carey that other people should also be held accountable.

“It is also clear in the evidence that, Mr. Chick, you were acting at the direction of others,” Scullin said. “They also have a responsibility and it has been pointed out that they are not in court today.”

Chick asserted that, though he supervised the removal project, he was following orders from his supervisors with regards to the asbestos, a charge county officials have denied.

“I admit that I was involved,” he said in court. “I did what I was ordered to do. I thought what I was doing was right at the time. I regret listening to my bosses. I did what I was ordered to do.”

Former Building and Grounds Superintendent Ernie DeCaro previously testified he knew the illegal activity was happening but he did nothing to stop it. DeCaro had said he told Cayuga County Legislator George Fearon - then legislative chairman - about Chick's work, took the chairman to the Board of Elections then neglected to follow up with him in an attempt to distance his own name from the wrongdoing.

Fearon testified in October that he didn't learn about the removal until months after it had happened. Another county employee took him on a tour of the site in June, he said, and he noted some suspicious-looking dust, but didn't report it to authorities because of his own uncertainty.

Carey said in court that both DeCaro and Fearon should have been standing with Chick in taking responsibility for the project.

“They ordered this man who has never been trained in asbestos removal, a guy who has a ninth-grade education, who is doing the best he can at 65-years-old trying to make a living, they ordered him to remove that boiler,” he said.

Carey said that Chick was only trying to help his supervisors out of “misplaced” sense of loyalty.

Assistant U.S. Attorney Craig Benedict said his was looking for any indication that other people were involved in the project, but Chick had “adamantly denied through a number of interviews that any individual had directed him to engage in this activity.

“I find the response of county officials to be deplorable,” he continued. “We believe the county officials did an absolutely horrible job, so we went out to see how far it went. If there was any proof we could have taken Mr. Chick's statement and other proof to prosecute the other individuals, we absolutely would have.

“But the fact of the matter is, Mr. Chick stymied our investigation ... There is no question at all that the county's response was horrible, but that doesn't mean that they themselves committed the offense or directed it. That's what we wanted Mr. Chick to tell us.”

Carey said that both he and Chick were ultimately pleased with the sentence. Chick faced a maximum of five years in prison.

“We are extremely happy with the fairness the judge showed,” he said.

Chick declined to speak to reporters.

County Manager Wayne Allen declined to comment on the sentence, only saying the case had gone through the judicial system and “this is what the judge felt was appropriate.”

The county in December agreed to pay a $10,000 fine to the state Department of Environmental Conservation for violations linked to the asbestos removal. The DEC and Environmental Protection Agency have said they will take no further action in the case. A month later, the county agreed to pay $5,000 in fines to the state Department of Labor.

Auburn attorney Carl DePalma represents the claimants who have filed notices of claim against the county about possible exposure to asbestos. Given these cases are still pending, he declined to comment on how Chick's sentencing may impact his clients. But he did say the sentence bestowed upon Chick is “justice for the state of New York.”

Chick pleaded guilty in January 2007 to violating the Clean Air Act for illegally removing a boiler knowing asbestos was there after it caught fire and melted controls. His plea agreement satisfied additional charges, including an allegation that he threatened to kill former county employee Anthony Garropy, who was a witness in the case. Garropy had said that he was fired because he complained to other employees about removing asbestos without protective gear, as well as allegations that Chick had taken copper piping from the project to sell for his personal gain.

Chick had remained on the county's payroll as a suspended employee, but was terminated on Jan. 25 following a lengthy civil service process.

Despite Chick's claims of being ordered to remove the asbestos, Fearon asserted personal gain was the real cause of the situation.

“It was all about greed,” he said. “This entire case was caused by an employee who unnecessarily removed 600 feet of copper pipe without authorization from anyone so that he could profit $2,000.”

Staff writer Alyssa Sunkin can be reached at 253-5311 ext. 239 or alyssa.sunkin@lee.net

Timeline of events in asbestos scandal

January 2006: The furnace at the county Board of Elections Building is malfunctioning and will need to be replaced.

February 2006: The furnace is removed, disrupting cancer-causing asbestos, pieces of which are taken to the Auburn landfill.

Aug. 7, 2006: County worker Anthony Garropy and his wife, Bonnie, file the first of many claims against the county over asbestos exposure.

Aug. 11, 2006: The Board of Elections building is temporarily closed after tests for asbestos come back positive.

September 2006: Bills for proper asbestos abatement and removal cost the county about $134,000.

Dec. 20, 2006: County Building and Grounds worker John Chick is indicted on 10 charges by a federal grand jury for improper asbestos removal.

Dec. 22, 2006: Chick is charged with threatening to kill Garropy, who first reported the illegal asbestos removal; the charges are later dropped.

Dec. 26, 2006: County places Chick on paid administrative leave.

Jan. 24, 2007: Chick pleads guilty to one count of conspiracy to violate the federal Clean Air Act and agrees to cooperate with the investigation.

Jan. 30, 2007: County suspends Chick without pay pending a hearing on his employment status.

Feb. 22, 2007: County puts Chick back on its payroll, but his suspension continues pending a civil service hearing.

April 10, 2007: Chick files claim against the county seeking reimbursement for personal tools he says the county disposed of.

June 25, 2007: Federal prosecutor says Chick's lies to investigators have dashed any chance to connect other county officials to the asbestos removal.

Sept. 4, 2007: Former county worker Ernie DeCaro testifies in federal court that he knew about the asbestos removal and did nothing to stop it.

October 2007: Garropy sues the county, claiming he was wrongfully fired after reporting the asbestos removal.

October 2007: Former county jail inmates file suit against the county for being made to remove asbestos; two black plaintiffs claim civil rights violations.

October 2007: A group of 16 county workers file claims over asbestos exposure; several others who visited the building also file suit.

November 2007: Two more county employees file suit.

December 2007: County Legislature agrees to pay $10,000 fine to the state Department of Environmental Conservation.

January 2008: Legislature agrees to pay $5,000 for state Department of Labor violations.

Jan. 25, 2008: County fires Chick.

March 6, 2008: Chick sentenced in federal court to 15 months in prison.