Exterminator, pest control company plead not guilty

Nocks' attorney, Bob Steele, said his client feels "horrible" and continues to be "saddened" by what happened. Nocks had already made numerous appearances in state court before those charges were dropped after the federal indictment was filed. 

"He's very worn down," Steele said. "It's going to be an exhausting process. He's doing OK right now. There are two children dead and the allegations are that he had a hand in causing that." 

The decision to pursue the case in federal court came after the company, and Nocks, were accused of violations in various jurisdictions.

The Environmental Protection Agency has since banned the residential use of Fumitoxin. Assistant U.S. Attorney Jared Bennett said proving the girls died as a result of Nocks' use of Fumitoxin isn't required to prove the elements of the charges. 

"It's alleged that Mr. Nocks violated the label in four different ways. Specifically he applied the pesticide too close to the home; he applied it when the temperature was too low; he applied it without providing the homeowners with the material safety data sheet, which provides helpful information when someone is exposed to the pesticide; and basically violated those provisions which the label requires," Bennett said.

He said prosecutors simply want to see that justice is served. 

"Whether that's a trial or a plea, we just want to see that justice is done."

Nocks faces up to one year in prison and a $25,000 fine as a maximum penalty for each count in the indictment. Bugman Pest and Lawn Inc. could face a fine of $200,000 per count if convicted.

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