Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, November 11, 1993 TAG: 9311110216
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: GREG EDWARDS STAFF WRITER
DATELINE: LENGTH: Medium
Former employees of the Southmountain Coal Co. No. 3 mine near Norton have confirmed that they have been called to testify before a federal grand jury investigating the accident.
A representative of the U.S. attorney's office in Roanoke declined comment when asked about the grand jury investigation.
But Donnie Shortt Sr. of Wise, whose title was general superintendent of the mine at the time of the explosion, confirmed that he has been called to appear.
"No, I am no target [of the investigation], but I am a called witness," Shortt said.
Shortt said he had not worked at the mine for a year and a half before the explosion. During his testimony to mine safety officials earlier this year, he identified Superintendent Freddie Deatherage as the person responsible for health and safety at the mine.
Deatherage declined comment Wednesday. Other supervisors at the mine could not be reached for comment.
At a hearing before the U.S. House Education and Labor Subcommittee in May, Edward C. Hugler, acting assistant secretary of labor for mine safety, said federal investigators were looking at possible criminal charges as a result of the explosion.
Federal and state investigations found that violations of the mine's ventilation and mining plans led to the buildup of explosive methane gas that was set off by a cigarette lighter illegally brought into the mine by one of the dead miners.
Hugler said federal officials were trying to determine whether those responsible for the operation of the mine had purposefully ignored safety laws designed to prevent an explosion.
Hugler said if investigators of the federal Mine Safety and Health Administration, or MSHA, found that safety violations at the mine appeared to be willful, the case would be turned over to the Justice Department for possible criminal prosecution.
With the convening of the grand jury, investigators apparently have made that determination.
"What we did is, we referred the case to the Department of Justice to determine if there was enough to pursue a criminal investigation," said Tom Brown, a spokesman for MSHA.
In August, MSHA levied the maximum civil penalties allowed against Southmountain Coal Co. and William Ridley Elkins, a company official from Clintwood, for safety violations uncovered during the investigation of the explosion. The company and Elkins were fined a total of $439,172.
At that time, Hugler said, "MSHA investigators found violations caused by a high degree of negligence and, in several instances, reckless disregard for the nation's mining laws."
The mine, which no longer is operated by Southmountain, was owned by Coeburn businessman Jack Davis. Neither Davis nor Elkins could be reached for comment.
The civil penalties have been appealed to the Federal Mine Safety and Review Commission. The commission has halted further action on the fines until the criminal proceedings are concluded, Brown said.
A special joint committee of the Virginia General Assembly has been studying ways to improve Virginia's mine safety laws in the wake of the explosion.
Keywords:
FATALITY
by CNB