Nine individuals and auto dealership in North Texas indicted for allegedly installing defeat devices –

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DALLAS, Texas — Nine individuals and an auto dealership in Northern Texas have been indicted for allegedly installing defeat devices on diesel trucks, enabling the vehicles to emit pollutants far beyond legal limits, according to U.S. Attorney for the Northern District of Texas, Leigha Simonton.

The indicted parties include Phillip Dwain Waddell, Philip Matthew Ormand, Kolby Douglas Huneycutt, Kyle Kris Kizer, Jonathan Joseph Lohrmeyer, Justin Loutoyama Pasamonte, Archie George Sims, and Adam Marsh Stanley. The auto dealership James Hodge Motors, Inc. (doing business as Jay Hodge Dodge) and its Chief Operating Officer, Curtis Kevin Poore, were also charged with conspiracy to violate the Clean Air Act.

These individuals and the company are accused of intentionally disregarding laws designed to ensure clean air quality. “These defendants intentionally flouted laws designed to ensure our children – and our children’s children – have clean air to breathe. By installing devices that bypassed automakers’ built in emissions controls, they spewed pollutants into our neighborhoods,” said U.S. Attorney Leigha Simonton.

The scheme, which reportedly spanned several years and multiple states, involved selling aftermarket diesel exhaust components, tuners, and “delete tunes” that allowed vehicles to emit excess pollutants by overriding on-board diagnostic (OBD) systems required by the Clean Air Act.

The accused parties allegedly modified diesel exhaust systems so that OBDs could not detect emission changes, allowing the vehicles to avoid activating indicator lights, recording diagnostic trouble codes, or going into “limp mode.”

The indictment alleges that from August 2018 to April 2021, Waddell paid Ormand over $2 million for delete tunes, which he then sold for between $300 and $1,350. Waddell’s customers included James Hodge Motors and several individuals who operated their own diesel repair and customization businesses.

If convicted, each defendant could face up to five years in federal prison. However, an indictment is merely an allegation of criminal conduct, not evidence, and all defendants are presumed innocent until proven guilty in court.

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