PORT NECHES, Texas — Attorneys for TPC have been in court working to finalize their plea deal and close the book on the 2019 Port Neches explosion.
However, attorneys who represent the thousands of victims effected by the explosion are still fighting the agreement.
Tuesday, Judge Michael Truncale's court room was filled to the brim with people.
TPC representatives, lawyers from the U.S. Attorney's Office, and lawyers representing victims watched on, as one such victim shared an emotional testimony on the witness stand.
"You heard Mr. Perez's testimony of the unfortunate passing of his daughter. The very sad passing of his immune compromised daughter, but also his property damage," said Mark Sparks, an Attorney from with the Ferguson Law Firm.
Sparks represents thousands of victims from the 2019 TPC explosion.
"It's very disheartening is how I've described it in briefing to the court, to know that the victims were left to fend for themselves," said Sparks.
During the first day of the sentencing hearing inside the Jack Brooks Federal Courthouse, Judge Truncale called the case "unusual", and Sparks couldn't agree more.
The U.S. Attorney's Office, the government in this instance, that is prosecuting a criminal should stand hand in hand with the victims. So when we put our witnesses on the stand, be it a victim or expert, it's weird for the government to attack a victim, or a victim's witness, or evidence and that's what's happening here," said Sparks.
Sparks says that the government has basically forgotten about the victims.
"The government signed a secret agreement with TPC that forbids them for asking the court at this juncture for more restitution," said Sparks.
Sparks says the plea agreement allows almost 6,000 victims to collect $32.5M from the TPC bankruptcy restitution, but says the damages total closer to $600M.
"If the government has its way at this point and if TPC has its way at this point, you're going to get less than five cents on the dollar out of this bankruptcy, and that is not full restitution and that is not justice," said Sparks.
Sparks hopes Judge Truncale will intervene and find a way to get more money for the victims.
"TPC is out of bankruptcy, it's making plenty of money. Pay back the people whose lives you injured and damage, and pay back the unfortunate souls like Perez's who lost a child," said Sparks.
The hearing will continue at 9 a.m. Wednesday as more witnesses are set to take the stand.