Home Contractor Exposes Family to Asbestos, Faces Felony Charges
Legislation & Litigation
Written by Travis Rodgers | Edited by Amy Edel
Colorado Attorney General Phil Weiser charged contractor Rocco Roberts with fraud after he allegedly exposed a Boulder family to asbestos during a basement renovation project. Roberts ran his business under the name Home Defense Solutions and, according to the Attorney General’s office, hadn’t held a valid state asbestos certification since 2018.
The case traces back to February 2023, when Boulder homeowners Megan Rux and Jason Lustbader planned a basement renovation. An asbestos inspection required for the project found asbestos levels above the state’s 1% limit.
Nine months pregnant, Rux, along with Lustbader, hired Roberts to handle the asbestos abatement work. Roberts told the homeowners he’d completed the abatement and the space was safe to use again.
“This story is a horrifying example of fraud resulting in significant public health hazards,” Dr. Shannon L. Fitzgerald, a toxicologist and pharmacist, tells us. “It’s a crime worse than mere theft.”
Investigators Say Roberts Forged an Asbestos Clearance Report
Prosecutors say Roberts improperly performed the removal work and left the basement contaminated with asbestos. He allegedly gave the family a forged clearance report to convince them he’d ensured the space met safety standards.
Records from the Denver-Arapahoe Disposal Site show the facility never received hazardous waste tied to the project, despite Roberts’ claim that he’d disposed of the asbestos there. Rux told investigators she noticed several warning signs during the job, including debris trails leading from the basement to Roberts’ disposal trailer and gaps in the plastic sheeting meant to contain the contaminated area.
The Colorado Department of Public Health and Environment inspected the basement in August 2023 and called it a “major asbestos spill.” Roberts collected $8,400 for the work and stopped responding to the family once they discovered the space still wasn’t safe. The couple then paid an additional $17,736.52 for a licensed company to properly remediate the basement.
Roberts Faces Multiple Felony Charges
Prosecutors charged Roberts with causing and contributing to a hazardous substance incident, a class 4 felony. He was also charged with 2 counts of forgery and 1 count of theft, all class 5 felonies. Authorities arrested him in Larimer County, and he posted $5,000 bail on July 22, 2026.
Attorney General Weiser says the charges reflect the broader trust homeowners place in licensed contractors during renovation projects. He believes people who break that trust need to face accountability.
Anyone who suspects a contractor performed asbestos work without proper certification should report the issue to their state’s environmental or public health agency. People who spent time in the home during or after an improper abatement should tell their health care provider about the potential asbestos exposure.
Health Risks From Asbestos in Homes
Asbestos is the primary cause of mesothelioma, and also causes lung cancer and asbestosis. Dr. Fitzgerald tells us families who discover asbestos in their home should act quickly. She recommends leaving the affected area, avoiding further contact with debris, changing clothes before leaving the space and washing skin thoroughly, depending on how much exposure occurred. She says an independent, third-party industrial hygienist should test the home’s air quality before anyone moves back in.
Dr. Fitzgerald also tells us asbestos fibers can settle into carpets, upholstery, mattresses, stuffed animals and other soft materials, making them difficult or impossible to clean completely. “A painful realization for families in this situation is that they may have to discard substantial amounts of soft personal property,” she says.
Asbestos-related diseases can take decades to develop after initial exposure. People who inhale asbestos fibers today may not see symptoms until much later in life. She says, “once inhaled, there is unfortunately no remedy for removing asbestos fibers.” Worrying about the possibility of cancer and other serious illnesses over long periods of time can cause anxiety. Dr. Fitzgerald recommends in addition to discussing screening and monitoring with their doctor, considering mental health support.
Dr. Fitzgerald says doctors should log exposure details like dates, duration and proximity to the contaminated area in each family member’s medical chart. A doctor may perform a chest exam, lung function tests and a baseline chest X-ray.
Verifying a Contractor’s Credentials
What happened to Megan Rux and Jason Lustbader shows why finding a trustworthy, certified contractor matters so much for asbestos work, according to Dr. Fitzgerald. She recommends that homeowners verify a contractor’s certification directly through their state government’s website or the EPA, rather than relying only on paperwork the contractor provides.
She also suggests calling testing laboratories directly to confirm that any clearance reports are legitimate before trusting that a space is safe. Dr. Fitzgerald explains that risk increases the longer asbestos exposure continues and the more concentrated it becomes.
“In toxicology, the dose-response curve climbs with duration and concentration,” she shares. “This contractor ensured prolonged, repetitive exposure to a family that trusted him.”
