UPDATE 4/13/12
CHARLESTON, W.Va. (AP) - Federal prosecutors are investigating suggestions by the former superintendent of the Upper Big Branch mine that inspectors told miners they were coming.
Statement from Goose and Mindi Stewart
First, my wife Mindi and I would like to express our sadness that another family is being impacted by the tragedy of April 5, 2010. We're certain Mr. May's family is suffering tremendous fear and sadness at this time.
That being said, we would also like to express our gratitude to the Federal Prosecutor and his staff for pursuing justice in this case. Nothing can bring back the wonderful and brave men who were murdered and injured on April 5th and our hearts still go out to the families of those miners. The best outcome of this entire investigation would be the indictments, trials and prosecutions of all those who were responsible for UBB's explosion from the upper Management at UBB up to and including Don Blankenship.
Everytime an event occurs that has to do with the tragedy at the mine, our family suffers the pain of reliving that horrible day. I ask you to respect our family and our need for privacy. We will not be releasing any further comments regarding this story.
Thank you,
Goose and Mindi Stewart
The revelation came during Gary May's recent plea hearing. U.S. Attorney Booth Goodwin says he's following up.
Goodwin says his staff pays attention to what defendants say in court. That includes May's suggestion that Mine Safety and Health Administration inspectors participated in the mine's early warning system.
An April 2010 explosion killed 29 men.
Several investigations concluded workers routinely alerted miners underground when inspectors were onsite, allowing time to conceal hazards.
MSHA says it never heard from May until his plea hearing because he refused to cooperate in investigations.
MSHA says it will take appropriate action if prosecutors obtain and share evidence of misconduct.
U.S. District Judge Irene Berger denied Gary May's request to travel to Myrtle Beach, S.C., from Sunday through April 14.
Berger says May failed to establish good cause to support his motion.
May recently pleaded guilty to conspiracy to defraud the federal government for his actions at the former Massey Energy where 29 men died two years ago.
May is cooperating with federal prosecutors in a continuing investigation and will be sentenced Aug. 9.
He is the highest-ranking mine official charged in the blast.
Former security chief Hughie Elbert Stover is appealing his conviction and a three-year sentence for lying to investigators
May pleaded guilty Thursday before U.S. District Judge Irene Berger in Beckley to conspiracy to defraud the federal government. The charge stems from his actions at the former Massey Energy mine where 29 men died April 5, 2010.
Prosecutors say May disabled a methane monitor, falsified records and manipulated the ventilation system to fool inspectors.
"People who run coal mines have a fundamental obligation to be honest with mine regulators," Goodwin said. "When mine operators resort to tricks and deceit to keep government officials in the dark, our mine safety system unravels and miners are put in harm's way. The least we can do for coal miners is protect the integrity of the laws designed to keep them safe."
May is the highest-ranking company official charged in connection with the blast.
"I'm pleased that Mr. May is cooperating with our investigation," Goodwin continued. "We hope he can give us a better picture of what was going on at this company."
During the hearing Thursday, May admitted he and others conspired to impede MSHA in administering and enforcing mine health and safety laws at UBB, according to the release.
May told prosecutors that he gave advanced warning of MSHA inspections, often using code phrases to avoid detection.
May also admitted to concealing health and safety violations when he knew inspections were imminent, according to release. The violations concealed included poor airflow in the mine, piles of loose combustible coal and scarcities of rock dust, which prevents mine explosions.
According to the release, May further acknowledged that he ordered a mine examination book to be falsified. He also said he told miners to rewire the methane gas detector on a piece of mine equipment so the equipment could run illegally.
If convicted, May faces up to five years in prison a $250,000 fine.
His sentencing is set for August 9.
Gary May is set to enter a plea Thursday morning before U.S. District Judge Irene Berger in Beckley.
He's charged with conspiracy to defraud the federal government for his actions at the former Massey Energy mine where 29 men died April 5, 2010.
The Bloomingrose resident is apparently cooperating with prosecutors and is the highest-ranking company official charged yet in connection with the blast.
He's accused of disabling a methane monitor, falsifying records and manipulating the ventilation system to fool inspectors.
Prosecutors say they don't need to prove the government suffered any monetary loss to prove fraud. They say anyone who conspires to undermine the integrity of the government can be found guilty of the charge.
The plea hearing is set for 9 a.m. at the federal courthouse in Beckley.
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Gary May will appear before U.S. District Judge Irene Berger in Beckley on March 22.
May has been charged with conspiracy to defraud the federal government and is apparently cooperating with prosecutors in a continuing criminal investigation of the 2010 explosion that killed 29 men. The blast at the former Massey Energy mine was the worst U.S. coal mining disaster in four decades.
Last week, U.S. Attorney Booth Goodwin asked Berger to schedule a hearing.
May is the highest-ranking company official charged in the blast.
May was accused, among other things, of disabling a methane gas monitor, falsifying safety records and using code words to tip off miners underground about surprise inspections.
Gary May is named in a federal information, a document that signals he's cooperating with prosecutors. The information was filed on Wednesday in federal court.
May began working at UBB in or about February 2008 as a Mine Foreman. Then, in October 2009, May was promoted to Mine Superintendent.
According to the information, between 2008 and 2010 May along with others "unlawfully, willfully, and knowingly, combined, conspired, confederated, and agreed together with each other to defraud the United States and an agency thereof, to wit, to hamper, hinder, impede, and obstruct by trickery, deceit, and dishonest means, the lawful and legitimate functions of DOL and its agency, MSHA, in the administration and enforcement of mine health and safety laws at UBB."
The information also states May along with others would alter and authorize the ventilation system of the mine to direct additional air to the area where the inspection was to take place. According to the information, it was done in order to conceal and cover up the quality of air that normally reached that area of the mine.
According to investigators there was also an incident between 2008 and 2010 that May knew MSHA was about to sample the level of respirable dust in a portion of the mine when he redirected additional air to conceal and cover up the quantity of air that would have reached that portion of the mine under normal conditions.
May, along with others, is also accused of using code phrases to give this advance notice of MSHA inspections, in order to conceal from MSHA the fact that such advance notice was being given, according to the information.
Investigators also state in the information, that on an occasion between February 2008 and April 5, 2010 May ordered a known person to falsify examination record books by "omitting a hazardous condition, to wit, water of a depth that made it unsafe to travel a certain area of the mine."
U.S. Attorney Booth Goodwin says his investigation of the worst U.S. mine disaster in four decades isn't finished but didn't immediately comment further Wednesday.
The April 2010 blast at the Upper Big Branch mine killed 29 men.
The court records also state that May falsified, authorized and caused the falsification of examination record books at UBB.
"If anybody's tampered with anything, if anyone adjusted something because they were more concerned with production rather than the safety of the miner, then the consequences will be paid by them," Senator Joe Manchin said. "I don't think the punishment could be tough enough for the crime that was committed because we lost 29 miners."
This is information was filed just a day before the West Virginia Office of Miners' Health Safety and Training is scheduled to release its final report into the UBB disaster.
A news conference is scheduled for Thursday in Beckley.
Although other disasters have led to criminal charges, they've typically targeted low-ranking employees with misdemeanors.
The other criminal defendant is former security chief Hughie Elbert Stover. He's awaiting sentencing for lying to investigators and trying to destroy documents. His sentencing hearing is scheduled for February 29 in Beckley.
May, became an employee of an Alpha Natural Resources subsidiary following Alpha’s acquisition of Massey Energy last year. May has been placed on administrative leave, according to a company spokesperson.
Statement from Alpha Natural Resources
Alpha Natural Resources has learned that the U.S. Attorney’s Office in Charleston, W. Va., filed charges this morning in the United States District Court—Southern District of West Virginia against a former employee of Performance Coal Company.
Performance Coal was the operator of the Upper Big Branch Mine in Montcoal, West Virginia, at the time of an explosion on April 5, 2010 that took the lives of 29 miners. Performance Coal was part of the Massey Energy organization, which Alpha acquired in June 2011.
The subject of the charges filed this morning, Gary May, became an employee of an Alpha Natural Resources subsidiary following Alpha’s acquisition of Massey Energy last year. May has been placed on administrative leave.
Alpha has pledged since its acquisition of Massey Energy that it will cooperate fully with the U.S. Attorney’s office, the U.S. Department of Justice, and all agencies investigating the 2010 accident at the Upper Big Branch mine.
Although Alpha was not operator of the mine at the time of the accident, the company supports efforts that will lead to a full understanding of the circumstances that precipitated this tragic event.
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