The Times West Virginian

January 17, 2013

Ex-mine official sentenced in W.Va. blast case

By John Raby
Associated Press

CHARLESTON — A former superintendent at West Virginia’s Upper Big Branch mine where 29 miners died in a 2010 explosion was sentenced to nearly two years in prison Thursday on a federal conspiracy charge.

Gary May pleaded guilty in U.S. District Court in Beckley last March to charges he defrauded the government through his actions at the mine, including disabling a methane gas monitor and falsifying records.    

In addition to his 21-month sentence, U.S. District Judge Irene Berger fined May $20,000.

May had asked for leniency. Federal sentencing guidelines recommended 15 to 21 months in prison, although prosecutors pushed for a sentence at the high end. They said the guidelines didn’t account for the risk to miner’s lives created by May’s actions.

May has cooperated with prosecutors in their continuing criminal investigation of the worst U.S. coal mining disaster in 40 years. He’s among three people to face serious criminal charges.

A plea hearing is set next month for former longtime Massey executive David Hughart, who’s accused of two federal conspiracy charges. Hughart’s cooperation has been viewed as a sign that authorities may be gathering evidence to target officials further up the Massey hierarchy.

May had testified at the February 2012 sentencing of former Massey security chief Hughie Elbert Stover, who was sent to prison for three years for lying to investigators and ordering a subordinate to destroy documents. It was one of the stiffest punishments ever handed down in a mine safety case. In December, a federal appeals court upheld Stover’s conviction.

A plea hearing is set for Feb. 28 for former longtime Massey Energy executive David Hughart, who’s accused of two federal conspiracy charges. Hughart worked closely with former Massey CEO Don Blankenship, who retired about eight months after the explosion.

Prosecutors have also negotiated a $210 million agreement with the company that bought Massey, Alpha Natural Resources, to settle past violations at Upper Big Branch and other Massey mines. That protects the company from criminal prosecution but leaves individuals open to it.

Prosecutors have said May manipulated the mine ventilation system during inspections to fool safety officials and disabled a methane monitor on a cutting machine a few months before the explosion. Prosecutors accused Massey of violating a host of safety laws out of a desire to put production and profits first.  

Goodwin has said May’s guilty plea showed that the obstruction of federal Mine Safety and Health Administration inspectors “was a routine matter at Upper Big Branch.”  

Four investigations have concluded that Massey concealed problems at the mine through an elaborate scheme that included sanitized safety-inspection books and an advance-warning system.  

May’s sentencing came the same day that federal officials announced new rules aimed at improving safety at the nation’s most dangerous mines by revising the way operators are designated pattern violators. The changes were proposed less than a year after the Upper Big Branch explosion.

Methane and coal dust fueled the explosion that was sparked by worn teeth on a cutting machine. It was allowed to propagate by clogged and broken water sprayers. Miners were killed instantly by the force of the blast that traveled along miles of underground corridors.