LAYTON — Looking quiet and somber, Coleman Nocks stood before a judge Tuesday to plead not guilty to two charges of negligent homicide in the deaths of two young girls.
Those with Nocks were less subdued, tending toward annoyed and angry.
"You want another picture?" a male friend asked a photographer. "We're going to the movies later. You want to come?" he sarcastically inquired of gathered media representatives.
Nocks, a Davis County pest control worker, made his appearance in 2nd District Court on charges stemming from the deaths of Rebecca Kaye Toone, 4, and Rachel Ana Toone, 15 months, on Feb. 6 and 9, respectively. If convicted, he faces a $2,500 fine and up to one year in jail on each count of negligent homicide, a class A misdemeanor.
Nocks, 62, was employed by Bountiful-based Bugman Pest and Lawn Inc. when he allegedly placed Fumitoxin tablets around the Toones' home to remove voles, a small species of rodent. Authorities believe the Toone girls might have inhaled phosphine fumes emitted from tablets of Fumitoxin, a rat poison, as the Utah Medical Examiner's Office reported that the girls had elevated levels of phosphorus in their bodies.
A product manual for Fumitoxin states that the pesticide should not be placed "into a burrow system that is within 15 feet" of an occupied building, "especially residences." Investigators say Nocks placed tablets less than 10 feet from the Toones' front door. The U.S. Environmental Protection Agency banned the residential use of Fumitoxin in April.
Nocks appeared without an attorney at the hearing and asked that a public defender be appointed for him, but he told the judge that he was ready to enter his plea. He pleaded not guilty to both counts, and an attorney will be appointed for the man in advance of his next court appearance in July.
While prosecutors say negligent homicide is considered a result of recklessness, rather than criminal intent, assistant Layton City attorney Steve Garside called the charges "serious" and said the case will be handled carefully.
"Just as sure as we want to make sure the wrongs are addressed, we want to make sure (Nocks') rights are protected as well," he said.
e-mail: emorgan@desnews.com