Crouse v. State

The state was not required to introduce proof of the legal description of the property where the defendant dumped illegal waste, because the legal description of the property was not an element of the charged offenses.

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Ronald Crouse was convicted by a jury of eight counts of illegal dumping, one count of illegal storage of solid waste, one count of illegal handling of solid waste, one count of failing to file a manifest or other document, and operating an unlawful landfill. His motion for new trial, as amended, was denied. Crouse appeals, raising as error a fatal variance between the allegations of the indictment and the proof at trial, the order of the State’s witnesses, the admission of similar transaction evidence, and ineffective assistance of counsel. We find no merit in Crouse’s contentions, and we affirm. Construed in favor of the verdict, the State presented evidence that Crouse operated a business known as R&M Auto Salvage at 101 Bob White Road in Cobb County. Without the knowledge of the adjoining landowners, without a permit or license to do so, and for a fee, Crouse allowed contractors to dump construction debris on his property and the adjoining property. John Lee, an employee of the adjoining landowners, discovered that the property was being used as a landfill, and an investigation by the Georgia Department of Natural Resources DNR ensued.1

Jerry Campbell, an environmental specialist with DNR, testified that the investigation revealed “a variety of classifications of solid waste,” including municipal solid waste, construction demolition waste, and inert waste. One witness testified that he had hauled several loads of contaminated soil, or “muck,” onto the site, stating that the soil “had a diesel smell to it. And there was some tires and other debris.” He also hauled “unsuitable soil and trees” to the site. Other witnesses testified that they dumped construction debris on the site. Similar transaction evidence was presented that 95 loads of “Wonderboard,” sheets of “lightweight backer board” used for tile installation, were dumped on the site.

Crouse v. State

The state was not required to introduce proof of the legal description of the property where the defendant dumped illegal waste, because the legal description of the property was not an element of the charged offenses.

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