Two construction supervisors and their companies are indicted in accidental death of worker
Two construction supervisors and the companies that employed them have been indicted in the death of a worker killed in an April accident at a New York City building site.
The managers and the companies were charged with manslaughter, criminally negligent homicide and endangerment, report the Wall Street Journal (sub. req.), the New York Times and the New York Daily News. A press release is here.
Prosecutors say the supervisors and their companies—Wilmer Cueva of Sky Materials, and Alfonso Prestia of Harco Construction—did little to improve safety at the job site despite repeated warnings about safety issues.
On the day of the accident that killed Carlos Moncayo, 22, an inspector warned that an unfortified construction trench was dangerous, yet no immediate action was taken, prosecutors say. New York City and federal regulations require braced sheets of steel or wood for trenches deeper than 5 feet to prevent cave-ins, according to the Wall Street Journal story.
About two hours passed before Prestia left the construction trailer to warn workers in the trench to leave, but the primarily Spanish-speaking workers continued working because they didn’t understand Prestia, prosecutors say. Twenty minutes later, Cueva used Spanish to tell the workers to get out, and moments later the trench collapsed, prosecutors allege.
A lawyer for Cueva said his client mourns the loss of Moncayo, but he has no criminal responsibility. A lawyer for Prestia said he is confident his client will be fully exonerated. A lawyer for Sky Materials said the company was “saddened” by the death but it should not be criminally prosecuted. A lawyer for Harco said the worker’s death was tragic but the company “had nothing to do with this” and believes it will be vindicated at trial.
