Two Felony Counts Filed in Ortega Highway Dumping

Felony charges of illegally transporting and disposing of hazardous waste were filed Monday against Richard Duane Leavitt, arrested nearly three weeks ago on suspicion of dumping lethal chemicals on the Ortega Highway.

The complaint, filed in South County Municipal Court by the Orange County district attorney’s office, charges Leavitt, 37, of South Laguna, with one count of illegally transporting the chemicals and one of illegally disposing of them, Deputy Dist. Atty. Diane Kadletz said. Each count carries a maximum three-year prison sentence and $50,000 fine, she said.

Leavitt was arrested nine days after authorities discovered the first of two caches of hazardous chemicals beside the winding highway that connects Lake Elsinore to south Orange County. A 14-mile stretch of the mountain road had to be closed twice within 48 hours while hazardous materials teams removed the chemicals. Some were too volatile to be moved and had to be blown up on the spot.

Bob Merryman, county director of environmental health, said at the time of the incident that in terms of “complete disregard for human safety” it was the worst case of illegal dumping in the county’s history.

Last month a Cypress man accused of dumping barrels of toxic chemicals in vacant lots in Los Angeles and Orange counties was sentenced to two years in prison for violating the Hazardous Waste Control Act. The man, Ronald (Tank) Martin, had pleaded guilty to four felonies.

Leavitt’s case is different “only in the fact that Martin was in the business of dumping the stuff illegally, while it appears that with Leavitt it was a one-time incident,” Kadletz said.

Kadletz would not say if Leavitt’s brother, who has been mentioned as a possible accomplice, was a suspect or if investigators had even questioned him. “I don’t have a case to file against the brother at this point,” Kadletz said. “The Sheriff’s Department is the lead agency on the investigation.”

Lt. Dick Olson also declined to comment on any additional suspects, saying only that the Sheriff’s Department is still investigating the case.

Eyewitnesses who reported seeing the green-and-white rental van that led to Leavitt’s arrest on the day of the dumping told investigators that there were two men in the van.

Wayne Willette, Leavitt’s attorney, said he had spoken with Leavitt’s brother, “but nothing affirmative has been decided yet as to what decision he is going to take or what responsibility he will accept.”

Leavitt’s arraignment had been scheduled for Thursday, Kadletz said, but Willette requested that it be rescheduled.

Willette, reached at his office in South Laguna, said he may not be representing Leavitt when he does appear in court. “It has been indicated to me that I may not be handling the arraignment,” Willette said.