Fraser Trebilcock attorney Klint Kesto obtained the dismissal of a criminal case against the law firm's client, O'Neill Swanson II. Initially charged with not disposing of a body in a timely manner, Mr. Kesto was successful in arguing that the claims made against Mr. Swanson had no merit.
In the summer of 2021, state officials raided and shut down Mr. Swanson's crematorium, later charging him with not disposing of a body in a timely manner. It was later revealed in Mr. Swanson's first hearing that LARA, the state's licensing agency ignored Mr. Swanson's repeated requests for help in obtaining the proper permits to deal with the body, which was left at the facility by the previous owners.
District Judge J. Cedric Simpson, presiding over the case, pointed out that it was the state that kept Mr. Swanson from doing the very thing they tried to prosecute him for not doing, and therefore assisted in the "creation of a crime."
Mr. Kesto said, “Even bringing these ludicrous charges against Mr. Swanson was a complete miscarriage of justice. The state continues to double down on trying to get O’Neill Swanson, both on the administrative side, and even on the criminal side. But today we saw justice prevail thanks to Judge Simpson, who clearly saw what was going on; and that all of the state’s claims had no merit.”