Ex-ally implicates CEO in W.Va. mine case

Published on NewsOK Modified: February 28, 2013 at 5:57 pm •  Published: February 28, 2013
Advertisement
;

BECKLEY, W.Va. (AP) — The chief executive at the time of the deadly West Virginia mine explosion was implicated by a former longtime subordinate Thursday of ordering a widespread corporate practice of warning coal miners about surprise federal inspections.

The allegation made a former president of a Massey Energy subsidiary came as he pleaded guilty to federal conspiracy charges and as federal investigators have signaled they are working their way up the ladder to what experts say would be a rare prosecution of a major corporate executive.

Former White Buck Coal Co. president David Hughart admitted in federal court to working with others to ensure miners at his company and other Massey mines got advance warning about inspections between 2000 and March 2010.

When asked by Judge Irene Berger if such warnings were company policy and, if so, who ordered it, Hughart said "the chief executive officer." Though he was not mentioned by name in court, Don Blankenship was Massey CEO at the time. And outside the courtroom, Karen Hughart confirmed that's who her husband meant.

"Don called the office and at home," she said, adding that her husband has been threatened several times in his career. "Anyone that did not comply was threatened. We lived under fear."

The charges against Hughart grew from federal prosecutors' continuing investigation of the 2010 Upper Big Branch mine disaster that killed 29 workers. U.S. Attorney Booth Goodwin refused to comment on the direction of his investigation, but Hughart's testimony was the latest signal that he could be working his way to the top.

Blankenship attorney William Taylor said his client has done nothing wrong.

"Don Blankenship did not conspire with anybody to do anything illegal or improper. To the contrary, Don took every possible step to make the mines under his responsibility safer," he said in an email.

"We are not particularly concerned about Mr. Hughart's statement," Taylor added. "It is not surprising that people embellish or say untrue things when they are attempting to reduce a possible prison sentence."

Hughart is the highest-ranking Massey employee involved in a criminal case since the investigation began. A former Upper Big Branch superintendent was recently sentenced to 21 months in prison after pleading guilty to charges he defrauded the government through his actions at the mine.

The 54-year-old Hughart spoke so softly that those in the federal courtroom in Beckley struggled to hear him say he had no hesitation about pleading guilty to helping warn of inspections that could let miners and managers conceal potentially deadly conditions that could lead to a shutdown in production.

"I allowed ... it to happen," he said. "I was responsible for the operation."

He faces up to six years in prison and a $350,000 fine when sentenced June 25.

Blankenship retired about eight months after the nation's worst coal mining disaster in four decades, and several victims' relatives have demanded he be prosecuted.

Gary Quarles, who lost son Gary Wayne, said Hughart's comment bolsters that hope. Though he was mildly surprised Hughart agreed to roll over on his former boss, Quarles said he hopes others will do the same "because that's the cat I want."

Others are also responsible for his son's death, but Quarles said Blankenship must be held accountable above all.