Final exec sentenced to prison for exposing Merced County children to asbestos
The third and final defendant convicted of exposing Merced County high school students to asbestos was sentenced Monday to serve time in federal prison.
Joseph Cuellar was ordered to serve 44 months in state prison and 22 months in federal prison. The terms will be served concurrently, making Cuellar eligible for parole in less than two years, prosecutors from the Merced County District Attorney’s Office said.
Cuellar, Patrick Bowman and Rudy Buendia III were executives of a now-defunct nonprofit, Firm Build. The company contracted with the Merced County Office of Education to provide job training to high school students.
Bowman was Firm Build’s president, Cuellar was its administrative manager, and Buendia was its construction project site manager.
Prosecutors said Bowman, Buendia and Cuellar cut corners on a renovation project, intentionally using students in September 2005 to March 2006 to remove the cancer-causing substance at Castle Commerce Center’s Automotive Training Center.
“It’s been a long and difficult road to justice,” said Walter Wall, Merced County deputy district attorney. “I’m glad to see it finally come to an end and to them receive some justice.”
During a federal court hearing in 2013, many of the students, who are now in their mid-20s, testified their clothes were covered in dust while removing the materials.
Some said the debris from breaking up the material caused a foglike cloud inside the building, and others said the dust entered their noses and mouths. Some of the former students have complained of suffering from frequent nose bleeds, chest pains and other issues.
In addition to the federal case, the trio in 2013 also pleaded no contest in Merced County Superior Court to state charges of treating, handling or disposing of asbestos in a manner that caused an unreasonable risk of serious injury to students, with reckless disregard for their safety. Under the terms of their plea deals, the time they spend in federal prison will cover the convictions in both state and federal court.
They have also been ordered to pay a total of $1.8 million to dozens of victims who were exposed to asbestos while working for the group.
Bowman and Buendia began their prison sentences last year. Cuellar was ordered to surrender Tuesday to the U.S. Marshal’s Office to begin his sentence, prosecutors said.
This story was originally published June 29, 2015 at 7:13 PM with the headline "Final exec sentenced to prison for exposing Merced County children to asbestos."