Sunland Pest Control, the company subcontracted by Terminix to fumigate the Palm City home of Peyton McCaughey in August, has been charged with two federal crimes.
The charging documents submitted by the United States District Court of the Southern District of Florida list Sunland Pest Control, owner Grenale Williams and employee Canarie Deon Curry.
Count one is "Using a restricted use pesticide in a manner inconsistent with its labeling."
The charging document says Sunland failed "to have two persons trained in the use of restricted use pesticides," "to aerate the fumigated space" and to "conduct a required clearance" with an approved and properly calibrated detection device."
Count two is "False Statement." The charging document says during the investigation by Florida's Department of Agriculture into the fumigation at the McCaughey home Sunland claimed the pesticide "Vikane was used, when in truth and in fact, a different restricted use pesticide, Zythor, was used."
It also says Sunland claimed that all label requirements of the pesticide were followed when "as the defendant then and there well knew, the label requirements were not followed."
Count one carries a maximum penalty of one year in prison. Count two carries a maximum of five years in prison.
The crimes Sunland Pest Control is charged with left Peyton McCaughey with "severe brain damage" according to his parents.
WPTV is reaching out to all parties involved in this story for comment. We'll bring you more information as we have it.