LOUISVILLE, Ky. (WDRB) -- A judge lowered the bond for a man charged with hoarding hazardous materials in his Highview home, allowing him to post $10,000 and be released on home incarceration as long as he undergoes mental health and addiction treatment.
Marc Hibel has been lodged in Metro Corrections on a $50,000 cash bond since being charged Aug. 3 with two counts of burglary and wanton endangerment after officials found more than 20 dangerous chemicals at the home on Applegate Lane in Highview.
Hibel, when released, would get in-patient mental health treatment for at least two weeks.
Jefferson Circuit Court Judge Patricia Morris noted that Hibel has no criminal history and ordered him to continue to get treatment, stay away from his home and prohibited him from having any chemicals or other hazardous materials. It is unclear where Hibel would stay on home incarceration.
A demolition order filed by the city says both the home and the adjacent garage have "known explosives, explosive fumes or vapors or the presence of toxic fume gases, or material ..." It also said that if the buildings were ignited, they'd be in "imminent danger" of collapse, possibly endangering anyone around.
In a news release Friday, Louisville Metro Emergency Services said testing by the U.S. Environmental Protection Agency identified mercury outside and inside the home at 6211 Applegate Lane. The agency is recommending a cleanup at the site before any possible demolition or controlled burn of the home next door, at 6213 Applegate Lane, where explosives were found. The EPA is expected to make a recommendation on how to proceed this week.
Attorney Thomas Rasinski, who is representing Hibel, argued Monday he has no criminal history and is not getting the addiction and mental health treatment he needs in Metro Corrections.
Rasinski also said Hibel is a retired chemist who "collected a lot of things," with the intention of disposing of some and using other materials to start his own business with another chemist.
Rasinski also said they have been working with law enforcement to identify what is in the buildings to make sure no one is hurt.
Louisville officials are trying to determine the best way to remove hazardous materials from the home on Applegate Lane.
"In terms of any dangerous intent, it's simply not present in this case," Raskinski said, also arguing there were no bombs in the buildings.
Assistant Commonwealth's Attorney Ebert Haegele told the judge prosecutors are worried Hibel would go back to the home and that there is evidence of bomb-making material inside, including "improvised blasting caps" and ignition switches.
In addition, he said there is still a lot of unknowns about what is inside Hibel's home, given how dangerous the conditions are.
"We still don't know what's in that house because it is so dangerous to be in there," Haegele said. "It's so dangerous the EPA doesn't want to go in there."
He said officials are currently trying to find a way to remove the hazardous materials without burning the home down.
The property remains fenced, secured and under 24-hour surveillance by Louisville Metro Police.
Raskinski has previously filed a motion to preserve and prevent Hibel's home from being burned, arguing, in part, that it is evidence in the case.
On Monday, he told the judge that Hibel would also like to retrieve property from his home.
"Everything he owns is tied up in this case," he said.
Hibel and another person bought the property in 2004, though he's been the sole owner since 2010. He's received fines from Metro inspectors 21 times in the last three years for property maintenance violations such as junk on site, tall grass and exposed wiring.
Hibel is due back in court Oct. 30.
Related Stories:
- EPA cleaning up mercury at house next to Highview home where explosives were found
- EPA examining options for removing explosives, chemicals from home in Highview
- Attorney files motion to stop city from burning down Highview home where explosives, dangerous chemicals found
- Louisville officials discuss demolition plan for Highview home containing explosives, dangerous chemicals
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