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Wednesday, February 22, 2012

Mine inspector charged with conspiracy in disaster; appears to be cooperating with investigators

Coal-mine superintendent Gary May was charged with conspiracy to violate mine-safety laws today as part of a continuing investigation into the Upper Big Branch mine explosion that killed 29 miners two years ago in West Virginia, reports Ken Ward Jr. of The Charleston Gazette. U.S. Attorney Booth Goodwin alleged May "plotted 'with others known and unknown' to put coal production ahead of workers protection and then cover up serious safety violations on numerous occasions during the two years" prior to the explosion. May is also accused of taking part in providing advanced warning of federal inspections and concealing violations before inspectors arrived. He's also alleged to have ordered someone to falsify mine examination records.

May is the third person to be charged in the federal criminal investigation of the disaster. He could face up to five years in prison if convicted. The charges were outlined in an "information" rather than a grand jury indictment, something that usually means the accused is cooperating with prosecutors and is expected to reach a plea agreement. He wasn't charged under criminal provisions of the federal Mine Safety and Health Act, Ward reports, but rather as taking part in criminal conspiracy, which is "an agreement by two or more people" to break the law.

Ward says on Coal Tattoo that this is the "most interesting" aspect of the charges. Federal prosecutors rarely use this strategy "against bad actors in the coal industry," Ward says, adding "this means he wasn't acting alone." Ward says it's likely May will provide testimony "that moves this investigation along up the corporate ladder" of the old Massey Energy company, which was bought and absorbed by Alpha Natural Resources. (Read more)

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