ROANOKE TIMES 

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, January 29, 1994                   TAG: 9401290156
SECTION: VIRGINIA                    PAGE: B3   EDITION: NEW RIVER VALLEY 
SOURCE: Associated Press
DATELINE: ABINGDON                                LENGTH: Medium

SOUTHMOUNTAIN, BOSSES PLEAD INNOCENT IN EXPLOSION

A May trial has been scheduled for Southmountain Coal Co. Inc. and two company officials who have pleaded innocent to charges related to a fatal mine explosion.

The Coeburn-based coal company; mine superintendent Freddie Carl Deatherage, 42, of Jenkins, Ky.; and evening-shift foreman Kenneth Ray Brooks, 57, of Clintwood were arraigned Thursday in U.S. District Court in Abingdon.

Federal and state investigations have determined that a buildup of methane gas, ignited by a cigarette lighter carried into Southmountain's No. 3 mine by one of the victims, caused a deadly blast shortly before daylight Dec. 7, 1992, near Norton. Eight miners were killed and another was injured.

The company and the two supervisors were indicted Jan. 13. The indictment charges that a series of mining law violations led to a buildup of methane gas and that company records were falsified to cover up the violations.

Through its lawyers, Warren Upton and Jack Kennedy, Southmountain entered pleas of innocent on 11 misdemeanor charges and six felony charges Thursday.

Deatherage pleaded innocent to four misdemeanor charges and two felony charges. Brooks pleaded innocent to three misdemeanor charges and one felony charge.

Deatherage and Brooks were released on personal recognizance bonds.

Trial was set for May 2. Assistant U.S. Attorney Tom Bondurant predicted that the trial would last a couple of weeks.

Bondurant said the criminal investigation is continuing and additional indictments are possible. He declined to comment on when the investigation would be complete or who the subjects of those indictments might be.

The court also set aside March 29 to hear pretrial motions.

If convicted on all charges, the company could have to pay a fine of up to $8.5 million. Deatherage faces a maximum punishment of 26 years in prison and a $2.5 million fine. Brooks faces a maximum punishment of eight years in prison and a $1 million fine.

Keywords:
FATALITY 

Memo: shorter version ran in the Metro edition.
by CNB