The Kansas Highway Patrol pulled over a box truck in July 2023. That led to the discovery of a man hauling diesel without any of the proper paperwork. The case drew to a close this July with a guilty plea.
On July 7, 2023, a Kansas Highway Patrol trooper stopped a 2003 International box truck with no license plate.
The driver, Alexey Delpino-Rodriguez, was first arrested for not possessing a driver’s license. According to court records, the search following the stop turned up five 275-gallon plastic tanks and a 165-gallon metal tank, all appearing to contain diesel. Troopers also found five electric transfer pumps and tubing connected to the tanks. The tanks were connected to aftermarket vehicle tanks on the driver and passenger side of the vehicle.
According to the U.S. Department of Transportation Office of Inspector General, Delpino-Rodriguez’s lack of required documents didn’t stop with the lack of a driver’s license. A press release reported he did not possess a hazmat endorsement, vehicle insurance or a valid vehicle registration. The truck also did not display placards identifying the load as hazmat.
In December 2023, Delpino-Rodriguez was indicted on one count of hazardous materials violations. The indictment stemmed from then-alleged violations of hazmat regulations 172.332(c) and 172.504.
Delpino-Rodriguez opted to plead guilty to the one count in July. The plea agreement states that he knowingly committed the hazmat offenses and pleaded guilty to them.
The maximum penalty Delpino-Rodriguez faces is no more than five years of prison time, a $250,000 fine, three years of supervised release and a $100 mandatory special assessment. The government agreed to recommend a sentence at the low end of the sentencing guidelines. The government also joined the defendant and his attorneys in recommending probation instead of jail time.
The sentencing is ultimately in the hands of the court, and no sentencing date had been set on the court calendar as of press time. LL
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