Va. Mining Exec Found Guilty of Conspiracy

ASHTON MARRA, BYLINE: Dozens of West Virginians gathered outside the Charleston courthouse awaiting the verdict – guilty on one misdemeanor charge, not guilty on two felony counts.

That phrase, spoken by Sherry Depoy, was the general sentiment Thursday among those who lost loved ones in the fatal 2010 explosion at the Upper Big Branch mine as the verdict was delivered in the criminal trial of former Massey Energy CEO Don Blankenship.

He now faces the possibility of a year in jail and a maximum $250,000 fine when he will be sentenced in March. Conviction on all three charges could have sent Blankenship to prison for up to 30 years.

Former Massey chief executive Don Blankenship’s conviction serves as a warning to executives in charge of workplace safety.

The conviction in West Virginia on Thursday capped a five-year investigation into a painful chapter of Central Appalachian coal mining history. But the former executive was acquitted on charges of securities fraud and making false statements to regulators, a federal judge announced Thursday.

His defense plans to appeal.

Was released in November 2014 after spending 36 months in prison after being convicted by a jury in October 2011 of two felonies, lying to Upper Big Branch investigators and trying to destroy evidence. While Blankenship argued that natural gas in the mine caused the explosion, four separate investigations found that unmaintained cutting equipment created a spark and ignited coal dust and methane gas. “Though you’re not convicted on all counts, you are convicted”, Judy Jones Petersen, whose brother Dean Jones was killed, was quoted as saying.

He said that it was his hope the verdict would make a difference throughout the country.

“Even though Blankenship wasn’t convicted of all charges, he is guilty of reckless disregard of human life and the loss of 29 souls through reckless disregard and negligent homicide through just his greed”, she said.

Instead, prosecutors constructed a case that accused Blankenship of putting his pursuit of profit, for himself and his company, ahead of the safety of the miners who worked for him. The indictment alone was welcomed by safety watchdogs as a major turning point in corporate accountability in the coal industry.

Rose said Blankenship’s safety directives stirred reasonable doubt about the second and third counts, which charged Blankenship with lying to financial regulators and investors about claims that Massey “strive(s)” to meet safety standards and does not “condone” violations.

Jurors heard descriptions of Blankenship’s fortune – he was paid almost $18 million in 2009, the last full year before the explosion at the West Virginia mine – and they saw documents that portrayed him as a manager with intricate knowledge of the operations of his multibillion-dollar company. If you would like to discuss another topic, look for a relevant article.

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