Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, May 22, 1993 TAG: 9305220178
SECTION: VIRGINIA PAGE: C3 EDITION: METRO
SOURCE: GREG EDWARDS STAFF WRITER
DATELINE: NORTON LENGTH: Medium
But Roger Williams, a union member on the governor's task force overseeing the investigation, suggested Friday that a special prosecutor should be named to handle the case.
He cited the failure of the Lee County commonwealth's attorney to bring charges after a 1991 mine roof fall that killed four men and said Wise County prosecutor Tim McAfee might have a conflict of interest since his father, Carl, was a part owner of the Lee County mine.
But Tim McAfee was quick to reject the idea of a special prosecutor. "If prosecution is warranted, our office can handle it."
McAfee said Harry Childress, the state's chief mine inspector, had told him that the separate federal report on the explosion has been referred to the Department of Labor's solicitor, who may decide to pass it on to the U.S. attorney's office for prosecution.
McAfee said he was waiting to see what the federal government might do before he acted.
If he defers to a federal prosecution it will be because there will be a better chance of a conviction in the federal system, McAfee said.
Jack Davis of Coeburn was the operator of Southmountain Coal Co. at the time of the explosion. The company was owned by Davis' Apple Coal Co., which was owned in turn by Davis Mining and Manufacturing Inc.
Last week, however, Virginia Iron, Coal and Coke Co., a subsidiary of Roanoke's ANR Coal Co., obtained a license to have another company, Big Laurel, rehabilitate and reopen the mine, Childress said. The coal in the mine is owned by VICC.
by CNB