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Massey Mine Boss Charged In Deadly Coal Mine Explosion killed 9 miners

 
 
Reply Wed 22 Feb, 2012 12:58 pm
Massey Mine Boss Charged In Deadly Coal Mine Explosion
February 22, 2012
by Howard Berkes - NPR

Federal prosecutors in Charleston, W.Va., have filed the most serious criminal charges yet in the April, 2010, coal mine explosion that left 29 mine workers dead.

The conspiracy charges reach into the management ranks of Massey Energy and signal an effort to seek evidence against higher-level executives.

A "criminal information" accuses Gary May, the former superintendent of Massey's Upper Big Branch coal mine, of conspiring "with others known and unknown" to "hamper, hinder, impede, and obstruct the lawful enforcement ... of mine health and safety laws" at the mine.

As superintendant, May was the most senior Massey manager at the mine and was responsible for its day to day operations. He took on the superintendent's job five months before the explosion, which multiple investigations have blamed on numerous safety failures. The specific allegations against May include:


— Warning miners underground with "code phrases" when federal regulators arrived for surprise safety inspections, leading to concealment of violations.

— Falsifying "examination record books" at the mine, which identify safety problems, provide notice to federal inspectors and list needed fixes.

— Deliberately altering the air flow underground when federal safety inspectors arrived "in order to conceal and cover up the quantity of air that normally reached that area of the mine."

— Disabling a malfunctioning methane monitor on a mining machine "allowing the continuous mining machine to be operated for several hours without a functioning methane monitor."

Prosecutors do not directly link any of these allegations with the explosion two years ago, which was the worst mine disaster in the United States in 40 years. Instead, they suggest an alleged pattern of behavior that put production over safety and placed miners at risk.

"Mine safety and health laws were routinely violated" at Upper Big Branch, the charging document says, "in part because of a belief that following those laws would decrease coal production."

May is the most senior mining company official charged criminally in a mine disaster in at least 10 years. The conspiracy charges are part of a rare if not unprecedented strategy to seek charges against higher level managers and executives at Massey Energy.

Using a "criminal information" document for charges bypasses a federal grand jury and indicates the defendant has accepted a plea agreement and is ready to testify against others.

Documents released in earlier investigative reports about the tragedy show that the mine was micro-managed by senior Massey officials, including former CEO Don Blankenship. The internal company records and Blankenship's own deposition in another case describe the tracking of coal production minute by minute and foot by foot.

May is the third former Massey employee charged in an ongoing federal criminal probe.

Hughie Stover, a former security chief at the Upper Big Branch mine, was convicted in October of attempting to destroy evidence and lying to investigators about the practice of warning miners when federal regulators arrived for surprise inspections. Stover is scheduled for sentencing next week and prosecutors say they want a 25-year jail term, which is close to four times the term calculated in federal sentencing guidelines.

Last April, former mine foreman Thomas Harrah pleaded guilty to faking his official credentials and then lying about that to investigators.

The methane monitor incident involving May was first reported and documented by NPR. A number of witnesses told NPR that a few months before the explosion, May ordered an electrician to disable the device, which is used to detect explosive levels of the gas.

Methane occurs naturally in coal mines and the monitors shut down mining machines before they can spark an explosion. Operating a mining machine without a working monitor is illegal and puts miners at risk.

The April 5, 2010, explosion was sparked by a different mining machine in another part of the mine.

Prosecutors say May faces as much as five years in prison if convicted but they won't discuss any possible plea agreement or whom else their investigation targets.

Massey Energy was purchased by Alpha Natural Resources last year.

Update at 9:45 a.m. ET. The Court Document:

We've posted a copy of the document filed in court today by the U.S. Attorney. You can see it here or in the box below. Just click on the headline "Charging Document" to pop up a larger version.

May, from Bloomingrose, W.Va., is 43-years-old. If convicted, he faces a possible jail sentence of five years.
Charging Document

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farmerman
 
  1  
Reply Wed 22 Feb, 2012 01:18 pm
@BumbleBeeBoogie,
If this is true, this guy should have his ass on a post so the ravens can peck out his eyes. The deaths that he is alleged to have directly caused, just to maintain schedule and production. I always hated when I got a coal company assignment. Most of them are pretty 19th centry in their corporate rules.
I will refrain from anything further incriminating until some more facts and evidence are in
BumbleBeeBoogie
 
  1  
Reply Wed 29 Feb, 2012 11:27 am
@farmerman,
Farmerman, you got your wish! BBB

Feds Seek Tough Message In Mine Disaster Sentence
February 29, 2012
by Howard Berkes - NPR

Federal prosecutors hope today's sentencing of former Massey Energy security chief Hughie Stover "will send a resounding message" as they pursue charges against higher-ranking executives.

Stover was convicted in October of lying to investigators and attempting to destroy evidence during the federal criminal investigation of the April, 2010, Upper Big Branch coal mine explosion.

Twenty-nine miners died in that massive blast and prosecutors blame Stover, among others, for thwarting federal mine safety regulators as they tried to conduct surprise inspections at the mine before the tragedy.

U.S. Attorney Booth Goodwin argued in a sentencing memorandum that "twenty-nine coal miners thus died in part because of a system of inspection warnings that depended heavily on defendant's leadership."

Goodwin wants U.S. District Court Judge Irene Berger to send Stover to prison for 25 years during a sentencing hearing that begins at 11 a.m. ET in Beckley, W. Va.

Berger rejected Stover's plea for a new trial and a directed acquittal on Monday.

A 25-year sentence would be more than seven times the jail term recommended in federal sentencing guidelines for Stover's crimes, which max out at 41 months. Defense attorney William Wilmoth says prosecutors want what amounts to "a de facto life sentence" for the 60-year-old Stover.

Wilmoth argues that Stover had no direct involvement in the events that caused the nation's worst mine disaster in 40 years. "To suggest otherwise," Wilmoth wrote in his response to Goodwin, "is offensive, it is scandalous, it is libelous, but most importantly, it is false."

Prosecutors are playing tough with Stover because he's the first Massey official to be convicted and sentenced in their Upper Big Branch investigation. The second, mine superintendant Gary May, was charged last week with conspiracy and is scheduled to testify against Stover at today's sentencing hearing.

May's appearance suggests he's cooperating with prosecutors, perhaps as part of a plea agreement. The conspiracy charge against May is based in part on the same system of inspection warnings that resulted in Stover's conviction.

Witnesses appearing for Stover are expected to praise his service in the military and as a police officer. But, prosecutors have witnesses ready to describe alleged acts of sexual harassment and racially-motivated misconduct involving Stover, and "sexually explicit images" apparently found on his computer at work.

The government's witness list also includes Gina Jones, widow of miner Dean Jones, who died in the blast. Jones says she'll "speak on behalf of Dean because he's not here to speak for himself."

Federal mine safety chief Kevin Stricklin is also scheduled to testify about his agency's investigation of the disaster.

A long prison sentence could help prosecutors pursue plea agreements and cooperation as they work up the management ladder of Massey Energy.

Documents released in earlier investigative reports about the tragedy show that the mine was micro-managed by senior Massey officials, including former CEO Don Blankenship. The internal company records and Blankenship's own deposition in another case describe the tracking of coal production minute by minute and foot by foot at Massey mines.

Charges against mining company executives after mine disasters are rare. Convictions and jail terms are even rarer. No mining company official above mine superintendent has been charged since 1992.

Massey Energy pleaded guilty to corporate criminal charges in 2009 after a fire at the Aracoma Alma coal mine in W.Va. killed two men. Last month, Ken Ward of the Charleston Gazette recalled the tragedy on its sixth anniversary. As Ward reported, the company paid more than $3 million in criminal penalties and civil fines and four foremen were charged with misdemeanors but no higher-level officials or executives were charged.

Congressional and mine safety investigators recommended criminal charges after nine miners and rescuers were killed at Utah's Crandall Canyon coal mine in 2007. Five years later, there's no sign of any action or any explanation from the U.S. Attorney's office in Utah.

Alpha Natural Resources absorbed Massey Energy in a merger last year, but escaped corporate criminal charges in the Upper Big Branch explosion by agreeing to a settlement of more than $209 million, which includes payment of outstanding Massey fines, compensation for families of the victims and programs aimed at improving mine safety in the company and industry.

Massey managers and executives "need to be accountable," says Gary Quarles, whose son Gary Wayne died in the tragedy. "It's past time that they got evidence to put people like this in jail."

Upper Big Branch foreman Thomas Harrah pleaded guilty after investigators discovered he both falsified his certification papers and then lied about that crime. Harrah was sentenced to 10 months in prison but his acts were not connected with the April, 2010, explosion.
0 Replies
 
farmerman
 
  1  
Reply Wed 29 Feb, 2012 02:47 pm
@farmerman,
Its been my experience that some coal companies keep several sets of mine maps
one for the mine safety and EPA's

One for the investors and

One to actually mine with

The issue of pillars that separate one mine from another are always in dispute. The mine wall is supposed to be a 50 ft minimum and some of these pillar walls are only 15 to 20 feet wide. So when a mine uphill stops cutting an area, they will turn off their pumps and allow those stopes to fill with water. This provides undue pressures on the barrier walls and the often blow.

Rockburst is another problem from setting blasts too quickly and not well thought out.

Coal is a bitch when all you want is to dig it out by the ton-hour.
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