Colorado Farmers Behind Deadly Listeria Outbreak that Killed 33 People Avoid Prison Time

The two Colorado farmers who were facing a minimum of six years in prison for causing a deadly listeria outbreak that killed 33 in 2011 were given a lesser sentence onTuesday in a Denver courtroom. 

According to NBC News, a federal court judge sentenced brothers Eric and Ryan Jensen to five years probation and six months home detention. The sentence also ordered each brother to pay  $150,000 restitution to outbreak victims and their families.

The Jensens were originally facing as much as six years in prison and a $1.5 million fine after one of the nation's worst food-borne illness outbreaks.

The cantaloupes the the brothers grew were reportedly responsible for the deaths of 33 people and for hospitalizing 147 others in 28 states. Prosecutors stated that the Jensen's farm in eastern Colorado was identified as ground zero for the outbreak.

Despite meeting with the victim's families several months ago, the brothers took time to apologize again in court, the Denver Post reported.

"This has been a huge tragedy for everyone involved, and we are very, very sorry," Eric Jensen said.

The brothers had dozens of supporters from their Colorado community of Holly. NBC News reported that despite some victims expecting the brothers to get jail time, others wanted the Jensens free to work and pay restitution.

Paul Schwarz, 64, whose father, a World War II veteran, died from the listeria outbreak in 2011, said he was not happy with the finally ruling, but will accept it.

"I'll accept it but I'm not happy," Schwarz told NBC News. "I think other people should have been sitting there as well... I never considered a man known to be an all-American hero by everyone he knew could die because of something he ate."

In October, the brothers pleaded guilty to six misdemeanor counts of introducing "adulterated food into interstate commerce." A month before, the brothers were arrested in a rare move for cases involving food poisoning.

The Food and Drug Administration and the Centers for Disease Control and Prevention ultimately found that the brothers did not clean their cantaloupes properly. They reportedly began using the same system to clean cantaloupes as to wash potatoes. However, they did not use a chlorine spray that could have reduced bacteria. 

"The defendants were aware that their cantaloupes could be contaminated with harmful bacteria if not sufficiently washed," U.S. Attorney John Walsh in Colorado said in a previous statement. "The chlorine spray, if used, would have reduced the risk of microbial contamination of the fruit."

The Associated Press reported that the Jensens filed for bankruptcy after the outbreak. According to the Centers for Disease Control and Prevention, the listeria bacteria is found in soil and can cause headaches and stiff neck. 

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