Booth Goodwin on May
A former superintendent at the Upper Big Branch Mine in Raleigh County is going to federal prison for 21 months following an earlier guilty plea to conspiracy.
Gary May, 43, of Bloomingrose, received the upper end of the sentencing guidelines from U.S. District Judge Irene Berger during a Thursday morning sentencing in Beckley.
A massive explosion at UBB in April 2010 claimed the lives of 29 miners. In the months prior to the blast May was part of a conspiracy that would alert personnel when federal mine inspectors arrived at the mine. He was then part of the cover-up of those violations.
U.S. Attorney Booth Goodwin says the conspiracy was broad including “advance warning of mine inspections. When warnings were given, cleaning up, throwing more rock dust down,” Goodwin continued. “Changing ventilation, bridging a methane monitor on a continuous mining machine and falsifying mine inspection books.”
Goodwin says May was a superintendent over another part of UBB, not the area that exploded, but he says his actions speak to what was happening there.
“All of these have been widely discussed as contributing factors as to what caused the Upper Big Branch explosion,” he said.
May had asked Judge Berger to be lenient and give him home confinement or probation. Federal prosecutors sought a stiff sentence to send a message about mine safety.
U.S. Attorney Goodwin says Berger went with 21 months.
“With this sentence Judge Berger took the opportunity to send a powerful message to this mine manager and other mine managers who would put profits over safety,” Goodwin said. “If you violate mine laws and put miners at risk, you’re going to go to jail.”
May is the second UBB worker to be sentenced to federal prison in connection with the mine disaster investigation. Former security chief Hughie Stover got a three year prison sentence. A third Massey Energy official, David Hughart, is scheduled to plead guilty to charges later this year.
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Comments
betty harrah
The families did not get a lighter sentence. Myself, my family and my 10 year old nephew got a lifetime sentencing. We had no choice. And we committed no crime that caused 29 men and 31 families to suffer lifetime.
January 17, 2013 at 6:42 am | Report comment
Scott
give him the maximum penalty. by doing what he did he along with all the others involved in this scheme, he sent fathers, sons, and loved ones to their death. why should he and the others be spared. 5 years and then probation thats a pretty light sentence. home confinement, give me a break. you have to pay .
January 17, 2013 at 10:21 am | Report comment
Scott
what a travesty. a slap on the wrist. these type crimes will continue until the big heads are held responsible and treated in a criminal manner
January 17, 2013 at 1:12 pm | Report comment
Mike
I can only hope and pray that this investigation gets to the top. Don Blankenship needs time time think about the pain he has caused, 20-30 years should work. These 29 families will suffer this loss forever.
January 17, 2013 at 1:13 pm | Report comment
Eddie
These guys are taking the fall for the ones higher up. Yes they guilty but these guys were told what to do bu there bosses who will get off scott free
January 17, 2013 at 1:34 pm | Report comment
polarbear
All this yet Don Blankenship gets to walk free in the world.
January 17, 2013 at 2:29 pm | Report comment
Shannon Westerman
It is very unfortunate that the loss of life was due to negligence on many individuals. However there is something to be said. There probably is not a mining operation that has not done the same thing and many more over the years. If our regulatory agency's were doing there job right these kinds of things would not occur. How can you blame one individual for these kinds of actions when every man or women working in this environment knows right from wrong and has a right to say no to anybody above he or she. This man nor any other man should have to pay the price for something that is presently being done and will always be done to survive in this industry that our Federal Government has ruined.
January 17, 2013 at 2:53 pm | Report comment