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Judge dismisses felony charges against 7 Flint water crisis defendants

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Criminal charges against seven former government officials in the Flint water crisis have been dismissed.

Circuit Court Judge Elizabeth Kelly cited a recent Michigan Supreme Court ruling in her decision to dismiss the charges. The state’s highest court ruled the one-man grand jury used to issue indictments was unconstitutional.

The decision drops felony charges against former state health department director Nick Lyon, former Chief Medical Executive Dr. Eden Wells, two former Flint emergency managers,Darnell Earley and Gerald Ambrose; two aides to former Governor Rick Snyder, Richard Baird and Jarrod Agen; and former state health department employee Nancy Peeler.

The Michigan Attorney General's office had sought to have the cases moved to district court, instead of being dismissed.

The ruling does not affect former Governor Rick Snyder’s misdemeanor charges of willful neglect of duty. His case is currently in district court, along with former Flint Public Works Director Howard Croft’s misdemeanor case.

Attorney Chip Chamberlain represents Nick Lyon, who was facing multiple counts of involuntary manslaughter. Chamberlain said, “This misuse of the criminal justice system has to stop.”

“We’re cautiously optimistic. We hope that clearer heads will prevail and they’ll abandon this effort,” said Chamberlain, after Judge Kelly issued her decision.

Chamberlain believes the statute of limitations will prevent prosecutors from trying to resurrect the case against his client.

The judge’s decision does not prevent prosecutors from filing new charges against the seven defendants. Though, Judge Kelly did direct the Michigan attorney general's office to establish a team to review evidence in the case to prevent the accidental release of documents.

Steve Carmody has been a reporter for Michigan Public since 2005.