Laborer killed after approximately nine-foot-deep trench caved in on top of him; excavation allegedly lacked required protections in violation of safety regulations
Westchester County District Attorney Miriam E. Rocah and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) Regional Administrator Richard Mendelson announced today that the director of project development for construction company Lecher Development LLC was indicted on criminally negligent homicide and reckless endangerment charges in the death of Jose Vega, a 46-year-old laborer, after an approximately nine-foot-deep trench collapsed burying him under dirt at a residential construction site in the Village of Mamaroneck in 2021.
DA Rocah said: “For the first time in Westchester County, we are seeking to hold a contractor accountable for the death of a worker at a construction site that allegedly lacked proper safety measures. My Office will seek justice for the family of Jose Vega and continue to ensure workers’ safety remains a priority across the county to prevent fatalities like this one.”
OSHA Regional Administrator Mendelson said: “On behalf of the Occupational Safety and Health Administration and the U.S. Department of Labor, we commend the District Attorney’s Office for pursuing this case vigorously and bringing criminal charges for a preventable workplace death. OSHA issued civil citations and penalties for this fatal trench collapse. The addition of this criminal enforcement effort by the District Attorney sends an even stronger message that high-hazard industries, such as excavation, must follow safety standards.”
A Westchester County Grand Jury indicted the defendant, Michael Conway, 59, of Bethel, Connecticut, for Criminally Negligent Homicide, a felony, and two counts of Reckless Endangerment in the Second Degree, misdemeanors. The defendant was arrested by the Village of Mamaroneck Police Department and arraigned on Friday before Supreme Court Judge James McCarty in Westchester County Court. Bail was set at $5,000 cash, $10,000 bond, and $25,000 partially secured bond at 10%.
The defendant’s next court date is March 22.
It is alleged that at approximately 12:40 p.m. on May 4, 2021, the defendant directed two workers to dig a trench without proper shoring or cave-in protections in place at a residential construction site on Shore Acres Drive in the Village of Mamaroneck. It is further alleged that the defendant, as the site supervisor, knew the excavation was in violation of OSHA regulations, which require a trench deeper than five feet to have protections that prevent the walls from caving in. The approximately nine-foot, unprotected trench collapsed, completely burying Mr. Vega under dirt. He was pronounced dead at the scene.
The investigation was conducted by the Westchester County District Attorney’s Criminal Investigator Squad with assistance from OSHA’s Tarrytown Area Office, the Village of Mamaroneck Police Department, and the Westchester County Department of Public Safety.
The District Attorney thanked the following agencies for their assistance in the attempted rescue and recovery of Mr. Vega: the New Rochelle Fire Department, the Village of Port Chester Department of Public Works, the Village of Mamaroneck Fire Department, and the Town of Mamaroneck Ambulance District.
The case is being prosecuted by Bureau Chief Gwen Galef and Senior Assistant District Attorney Emily Rowe-Smith, both of the Economic Crimes Bureau of the Trials and Investigations Division.
Unsafe working conditions or concerns about workplace safety can be reported to OSHA at 800-321-6742 (OSHA) or the DA’s Office at (914) 995-TIPS (8477). Language assistance is available.
The charges against the defendant are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
