Aracoma pled guilty to 10 counts stemming from the mine fire. The plea agreement fined the company a record $4.2 million; $2.5 million of that was levied in criminal penalties.
But, in a move that U.S. District Judge John Copenhaver called “unusual,” the agreement also spares Richmond-based Massey Energy and its CEO, Don Blankenship, from prosecution.
U.S. Attorney Charles Miller said Massey’s policies may have had a hand in the negligence that resulted in the fire, but the company’s role was not criminal.
“We did not feel, in this particular plea agreement that we were giving up anything, as the judge noted because the evidence simply did not support a criminal prosecution of Massey or any of its officers under the existing law, that is the willful violation of safety standard or the falsification of records,” he said. “The evidence that we uncovered indicated that those violations were limited to Aracoma.”
Although the federal prosecutors and Aracoma were satisfied with the plea agreement, the widows of Elvis Hatfield and Don Bragg were hoping that justice would reach higher than Aracoma. Their lawyer, Bruce Stanley, said he feels Massey is civilly responsible for the fire.
“We think the plea agreement should have been rejected to the extent that it offered protection going up the corporate stream,” he said. “At least in the civil context, we believe evidence is sufficient to support a civil judgment against Massey Energy, the parent corporation, as well as Don Blankenship personally. We filed our claim on that basis and we’re prepared to take it to verdict.”
Judge Copenhaver’s decision also included a three-year probation on Aracoma’s Alma Number One mine, where the January 2006 fire took place, even though both sides said they didn’t feel it would be effective. Miller said the court has limited capabilities of enforcing that probation, and the real enforcement would be up to the Mine Safety and Health Administration.
“But keep in mind that the ability of the district court to punish Aracoma is somewhat limited should it violate probation,” Miller said. “The real punishment would be through the administrative sanctions imposed by MSHA.
“If probation was revoked, the court is limited to impose the maximum penalty, which would be another $100,000. MSHA can issue citation for any violation, and they’re without limitation.”
Judge Copenhaver noted that since the fire, Aracoma has instituted preventative measures designed to ensure another similar disaster doesn’t strike.