Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 27, 1993 TAG: 9305270180
SECTION: VIRGINIA PAGE: C-5 EDITION: METRO
SOURCE: Associated Press
DATELINE: BIG STONE GAP LENGTH: Medium
U.S. District Judge Samuel G. Wilson on Tuesday imposed a tougher sentence than had been recommended for Garry L. Williams.
Williams, 42, pleaded guilty in March to three misdemeanors stemming from the Feb. 13, 1991, roof fall at J&T Coal Inc. in St. Charles. The plea agreement recommended that Williams, who voluntarily agreed to quit the mining business, be sentenced to up to six months in prison and fined up to $15,000.
Before imposing the tougher sentence, Wilson reviewed a letter he had received from the federal Mine Safety and Health Administration listing Williams' previous mine violations.
Quality Fuels Limited and Swift Coal Co., two companies the agency said were controlled by Williams, were charged with 412 federal mine safety violations. Williamspaid $26,209 in fines for those violations. But another 273 violations at the same companies totaling $39,004 in fines were not paid It appears to be a fairly long list of violations. I'm sure some are not simply trivial in nature. Judge Samuel G. Wilson and were closed as uncollected, according to the agency.
"It appears to be a fairly long list of violations," Wilson said. "I'm sure some are not simply trivial in nature."
"We're very surprised with the judge's sentence," defense attorney William Bradshaw said, "especially in view of the plea agreement and the extent to which Mr. Williams was instrumental in the prosecution of J&T."
Another defense attorney, Birg Sergent, had asked the judge to consider probation for Williams. Sergent described his client as "a good citizen of Lee County who was also a victim of an unfortunate accident."
"He is a good man and has cooperated with the government," Sergent said. "He's not a risk or a problem to anyone. It was an unfortunate accident.
"The people inside were his friends," Sergent said. "He has suffered as much as anyone over this."
Mine-safety investigators concluded that a huge chunk of the mine roof collapsed because of improper mining.
Williams pleaded guilty to failing to ensure the areas of the mine where miners worked or traveled were adequately supported; exposing miners to hazards caused by excessive widths of room, crosscuts and entries; and failing to follow the approved roof control plan. Three other charges were dropped.
A jury in March convicted J&T Coal of six counts of mine health and safety violations.
The company, owned by Norton lawyer Carl McAfee and Jonesville resident Aubra P. Dean, faces a fine of up to $3 million.
Keywords:
FATALITY
by CNB