The company that owns Overlook at Mile High apartments and one of its executives have been charged with allegedly endangering the lives of Denver residents in early 2014 by releasing asbestos into the ambient air during a period of time when the Denver Broncos played two playoff games at nearby Sports Authority Field at Mile High.
The U.S. Attorney’s Office has filed criminal charges against Willmax Capital Management Inc. and company director John “Tom” Williams in U.S. District Court in Denver.
“John Tom Williams negligently released asbestos into the ambient air and at the time thereby negligently placed other persons in imminent danger of death or serious bodily injury…and John Tom Williams aided, abetted, commanded, procured and willfully caused the same,” according to charging documents.
Williams faces a possible penalty of one year in prison and a $100,000 fine. Willmax, which is headquartered in Dallas, could be fined $500,000 or more, the document says.
Williams has not been arrested, court documents indicate. Williams’ attorney Richard Kornfeld of Denver said company officials including Williams have entered a plea agreement with the Environmental Protection Agency and the U.S. Justice Department to resolve the criminal case. Williams has agreed to plead guilty to a misdemeanor charge on Dec. 14, Kornfeld said.
Towers 3 and 8 of the Overlook, 3190 W. 14th Ave., are “within walking distance to Pepsi Center” and Sports Authority Field at Mile High Stadium,” Overlook’s online promotional statements indicate.
“The Overlook at Mile High puts Auraria campus, 16th Street Mall, the business district, cultural and sporting events at your fingertips,” the complex’s online website says.
The Denver Broncos played two playoff games at the Denver stadium in January of 2014. The Broncos beat the San Diego Chargers, 24-17, on Jan. 12, 2014. The team beat the New England Patriots 26-16 the following Sunday in the AFC championship game. More than 77,000 fans attended the game against the Patriots.
“We have no information that anyone suffered any harm and we’ve agreed to medical monitoring to make sure this never happens again,” Kornfeld said.
According to charging documents filed late Wednesday, Willmax violated Titles 40 and 42 of the U.S. Code of Federal Regulations by failing to “thoroughly inspect the parts of the facilities where the activity would occur for the presence of asbestos.”
Subcontractors were sanding floors in Tower 3 and Tower 8 at the Overlook at Mile High, causing the asbestos “spill,” Kornfeld said.
Willmax has spent nearly $1 million re-mediating the asbestos release including paying settlements to apartment owners and training employees about the threat of asbestos contamination. Right from the beginning, Willmax has been doing everything it can do to fix problems and beef up compliance, Kornfeld said.
“This has been a very long process,” he said.
