District Attorney Ron Freitas Announces Felony Convictions in Smith Canal Environmental Disaster Case

San Joaquin County District Attorney Ron Freitas announces that a jury has convicted David Sump (DOB 9/5/73) on multiple felony and misdemeanor counts following a deliberate and significant oil spill into the Smith Canal. Sump, who has a prior strike, was remanded into custody by Judge Villapudua. He faces up to six years in state prison.

On the afternoon of Friday, September 27, 2024, Sump drove to the Smith Canal levee on Shimizu Drive towing a trailer loaded with an industrial "Lube Cube" containing over 200 gallons of used motor oil, lubricants, and filters. To offload the heavy container, Sump tethered it to a nearby pole with a chain and accelerated his vehicle several times until the tank was yanked onto the levee. The resulting spill contaminated the embankment and flowed into the canal, an area that serves as a vital link between American Legion Park and the San Joaquin River. Following the incident, Sump attempted to conceal the crime by spray-painting the trailer.

"This was a calculated and hazardous act of environmental destruction," said District Attorney Ron Freitas. "By dumping hundreds of gallons of toxic waste into our waterways, the defendant showed a complete disregard for the health of our residents and our ecosystem. This conviction is a victory for our community and our natural resources. We are grateful to the neighbors who provided critical footage and the agencies that acted swiftly to contain the damage."

The prosecution, led by Deputy District Attorney Cameron Graber, presented a case bolstered by security and doorbell footage from vigilant neighbors. The trial also featured testimony from Sump’s girlfriend, a passenger present during the dumping; while her involvement in the proceedings faced initial legal complications, her testimony was eventually secured through the court's intervention and proved consistent with the evidence collected by law enforcement.

Sump was convicted of the following charges:

• Water Code 13376 – Knowing discharge of pollutant into waters of the State (Felony)
• Health & Safety Code 25189.5(b) – Illegal disposal of hazardous waste (Felony)
• Penal Code 594(b)(1) – Vandalism (Felony)
• Fish & Game Code 5650(a)(1) – Water pollution (Misdemeanor)
• Penal Code 374.3(h)(1) – Commercial waste dumping (Misdemeanor) 

This successful outcome was made possible by the seamless cooperation of several agencies. The District Attorney’s Office extends its sincere gratitude to California Department of Fish & Wild Life Warden Ryan Rodriguez for his dedicated investigation and the San Joaquin County Sheriff’s Office and Stockton Police Department for their support. We also thank the CDFW Office of Spill Prevention and Response (OSPR), the US Coast Guard, CA EPA, US EPA, and the Stockton Fire Department. Their rapid intervention was crucial in recovering 225 gallons of oil and preventing the spill from reaching the San Joaquin River.

Sump is scheduled to return to court for sentencing on March 3, 2026.