Trashing East Texas: Brosang's Attorney Says He's Not Responsible - KLTV.com - Tyler, Longview, Jacksonville |ETX News

12/7/06-Tyler

Trashing East Texas: Brosang's Attorney Says He's Not Responsible

A prominent Tyler businessman turned himself in Thursday, on felony charges involving a one acre dumpsite. Miles Brosang of Brosang's Landscaping of Whitehouse is facing charges for illegally dumping trash.

KLTV 7 was the first to tell you about the one acre site police found littered with old building materials police say can be linked to Brosang's business.

We talked with Brosang's attorney today who says the mess is not his client's fault.

When Robert Perkins first heard about the trash pile-up on his client's property, he didn't think much of it.

"There are people that live in rural parts of the county that have problems with people dumping, anything they don't want, on your property," says Perkins.

The dump, which measures about an acre, is an absolute mess. It's littered with old building materials, used landscaping pots and a junk pick-up truck police say is registered to Brosang's landscaping. Despite that, Brosang's lawyer says his client, Miles Brosang is not the person responsible for the mess.

"I think the evidence in the case is going to show, when the case comes up, that Mr. Brosang has had problems with people dumping stuff, you know, trash, on his property, and that he was in the process of trying to gather that up or get rid of it," says Perkins.

Perkins is questioning whether law enforcement had any right to investigate the property without a search warrant. Sergeant Danny Brasher with the Smith County Environmental Crimes unit says he doesn't need one.

"There is no private property where there are environmental or health violations," says Brasher.

This particular site concerned Brasher because, he says, any rainfall or moisture will cause the chemicals on the trash which includes sheetrock, paint and gas cans, and PVC pipe, to begin leaking into the ground, and into our water table. Brasher says even if Brosang didn't know about the dump on his property, Texas law says he can still be held responsible for it.

Lindsay Wilcox/Reporting: lwilcox@kltv.com

 

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