Advertisement

May 26, 2013

Former Chief at Upper Big Branch Mine Sentenced

 

The former security chief at the West Virginia mine where 29 workers were killed in April 2010 was sentenced to three years in prison on charges that he lied to federal agents during the investigation. Hughie Elbert Stower had originally faced a maximum possible sentence of 25 years by U.S. District Judge Irene Berger.

Last October he was convicted of giving false statements to the FBI and investigators with the Mine Safety and Health Administration (MSHA). He was also convicted of obstructing the federal investigation into the cause of the explosion at Upper Big Branch mine.

U.S. Attorney Booth Goodwin had sought a 25-year sentence, but he said he wasn’t disappointed with the judge’s decision. “This represents perhaps one of the longest sentences ever handed down in a mine safety case,” Goodwin said. “We wanted to send a clear message and will continue to send that anyone who obstructs our investigation, they’re going to be met with the harshest prosecution.”

According to witnesses who testified, Stover instructed mine guards to send out radio alerts when inspectors would enter the property, which is illegal. A second count alleged he sought to destroy documents by “ordering a subordinate to bag them and throw them into an on-site trash compactor,” which is illegal as well.

The MSHA released its final report on the incident in December 2011, concluding that flagrant safety violations contributed to a coal dust explosion. It issued 369 citations at that time, assessing $10.8 million in penalties. The Upper Big Branch mine disaster remains the worst coal mine disaster since 1970 when 38 miners were killed at Finley Coal Company’s mines in Hyden, Kentucky.

Risk Management Magazine and Risk Management Monitor. Copyright 2013 Risk and Insurance Management Society, Inc. All rights reserved.

About the Author

Editor

Emily Holbrook is the editor of Risk Management magazine and the Risk Management Monitor blog.

212-655-5915

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. NLR does not accept advertising from attorneys or law firms. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be an advertisement or a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.