Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, January 29, 1994 TAG: 9401290202
SECTION: VIRGINIA PAGE: B-3 EDITION: METRO
SOURCE: Associated Press
DATELINE: ABINGDON LENGTH: Medium
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.
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.
by CNB