LOUISVILLE, Ky. — Weeks after the city of Louisville ordered a “controlled burn” of a Highview home with suspected hazardous chemicals, an attorney representing the homeowner is looking to stop officials from moving forward.
Attorney Thomas Rasinski filed a motion to preserve evidence. He argued his client Marc Hibel had the chemicals at the Applegate Lane home because he was a former chemist with experience.
“There is currently no implication whatsoever that Mr. Hibel possessed any illegal materials, or had acquired any materials unlawfully,” the motion read.
It also argues if the city burns down the home, it will “result in the unnecessary destruction of everything that Mr. Hibel owns” and could destroy any other materials that could be used in his defense.
Hibel had been cited and fined numerous times for conditions at his home by Metro Codes and Regulations.
Tips from residents in the neighborhood led Louisville Metro Police to search the home for hazardous materials and potential explosives. Authorities believe some of those materials could pose a possible risk to first responders.
Mayor Craig Greenberg signed an emergency declaration in late July, giving code enforcement the ability to demolish the home and attached garage.
However, Greenberg determined a “controlled burn” was necessary after speaking with experts because of the extreme hoarding and difficulty maneuvering around the home to physically remove the chemicals.
During a Monday night meeting to address neighbors' concerns, officials did not give an exact timeline for when or if that “controlled burn” will still happen.
Jody Meiman, Louisville Metro Emergency Services executive director, said conditions had to be right in order for that burn to happen.
Right now, the home is fenced off for public safety with police guarding the grounds.
Rasinski maintained Hibel is cooperating with police, ensuring the safety of officers and nearby neighbors.
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