All charges against the man suspected of leaking mercury in seven public places have been dismissed.
Reid Stewart, deputy district attorney for the 6th Judicial District, signed a motion to dismiss charges of criminal mischief and reckless endangerment against Daniel Lee Plummer on Monday.
There was insufficient evidence to charge Plummer with either offense, Stewart said. Criminal mischief is a Class 3 felony; reckless endangerment is a Class 3 misdemeanor.
Plummer, 46, was jailed Nov. 28 after mercury was found at La Plata Detox, where he had requested to be taken. He was released Dec. 2 on a $1,500 personal recognizance bond.
Plummer is a transient who lived in a tent in the hills outside Durango.
Mercury is particularly dangerous if fumes are breathed. Effects are long-term, causing such ailments as tremors, neuromuscular issues and some reduction of cognitive functions.
An affidavit signed by Durango police investigator Burke Baldwin said there was probable cause to arrest Plummer. Two witnesses saw Plummer spill mercury from a broken jar in his backpack at Manna Soup Kitchen on Nov. 27.
In the next 24 hours, Plummer visited Durango Transit Center, Durango Post Office, south City Market, Town Plaza Coin Laundry, Durango Public Library and Volunteers of America Durango Community Shelter.
The community center and La Plata Detox were evacuated.
All the places were decontaminated or declared safe.
In his motion to dismiss charges, Stewart said that to prove criminal mischief, the prosecutor must show that the defendant committed an act knowing that it would harm another’s personal or real property.
Reckless endangerment requires proof that the defendant knew that an act would produce serious bodily injury, Stewart said.
There was insufficient evidence to prove either charge beyond reasonable doubt, Stewart said.
daler@durangoherald.com
