Texas Man Sentenced to 24 Months in Prison for Illegally Dumping Laboratory Grade Cyanide and Other Chemicals in Bernalillo County

ALBUQUERQUE – A former New Mexico resident now living in Texas was sentenced to 24 months in prison for knowing endangerment in the storage and disposal of hazardous waste without a permit.

According to court documents and evidence presented at the sentencing hearing, Daniel Winard, 52, of Houston, Texas, previously inherited property in New Mexico from a retired chemist for an energy company. When Winard took control of the property, he found a large assortment of hazardous waste had been left behind, including laboratory grade chemicals.

Winard contacted local government officials about the process for properly disposing of the chemicals and learned it was expensive. Winard later arranged to dispose of the chemicals unlawfully at nine locations in the Albuquerque area without a permit from the United States Environmental Protection Agency (EPA) or the State of New Mexico. The chemicals dumped included cyanide, yellow phosphorus, calcium carbide, and thionyl chloride.

Winard knew the grave risks of dumping some of these chemicals down the drain. Winard also knew the chemicals posed an imminent threat of death or serious bodily injury to passersby, first responders, and others. Winard knew some of the chemicals would react violently to water, could release poisonous gas, and were harmful to the environment. At one point, Winard remarked that “some dumbass fireman” might find the chemicals and “get the surprise of his life.”

The City of Albuquerque and Bernalillo County coordinated an extensive clean-up effort with a private contractor after the chemicals were discovered in August 2018. The total clean-up cost paid by the City of Albuquerque and Bernalillo County was $198,654.46. The EPA later took custody of the waste and analyzed the chemicals.   Federal prosecutors commended the Bernalillo County Sheriff’s Department, the Natural Resources Section of the Bernalillo County Public Works Department, the City of Albuquerque’s Solid Waste Management Department, and the Hazardous Waste Bureau of the New Mexico Environment Department for their critical role in ensuring the hazardous waste was properly removed before anyone was injured.

“There is no excuse for putting lives, property, and the environment at risk by dumping hazardous chemicals,” said U.S. Attorney Ryan Ellison. “We will not tolerate reckless disregard for our communities' safety. Those who endanger others for their own convenience can expect to be prosecuted to the fullest extent of the law.”

"Today’s sentencing demonstrates EPA’s commitment to safeguarding the public by investigating crimes and prosecuting people who knowingly endanger lives,” said Kim Bahney, EPA Special Agent in Charge. “Our investigation uncovered that the defendant deliberately discarded dangerous and reactive hazardous wastes in multiple areas, intending to ‘surprise’ first responders.”

On April 25, 2022, Winard pleaded guilty to one count of knowing endangerment in storing and disposing of hazardous waste without a permit.

Upon his release from prison, Winard will be subject to three years of supervised release and must pay $9,527.55 in restitution.

Acting U.S. Attorney Ryan Ellison and EPA Special Agent in Charge Kim Bahney made the announcement today.

The EPA’s Criminal Investigation Division, Southwest Area Branch investigated the case. Assistant U.S. Attorney Sean J. Sullivan prosecuted the case.