April 16, 2008

Attorney General Corbett announces involuntary manslaughter charges against mine owner and two others in R&D Coal company explosions

HARRISBURG - Following two separate mine explosions, the owner a Schuylkill County mine, the mine's foreman and a miner were each arrested yesterday on involuntary manslaughter and other charges by the Attorney General's Office.

Attorney General Tom Corbett identified the defendants as:

• David Zimmerman, 52, 79 Mollystown Road, Pine Grove (mine owner and operator)
• Steven Zimmerman, 32, 77 Mollystown Road, Pine Grove (mine foreman)
• Jeffrey Klinger, 42, 2A West Laurel St., Tremont (miner)

Evidence and testimony regarding the case was presented to a statewide investigating grand jury, which recommended the criminal charges being filed today.

Corbett said that two separate explosions occurred at the Buck Mountain Mine in Tremont Township resulting in serious injuries to two miners and the death of a third miner. Buck Mountain Mine is owned and operated by the R&D Coal Company.

The first mine explosion occurred on Dec. 1, 2004 and the charges allege that R&D falsely reported to the Department of Environmental Protection (DEP) that the explosion occurred because of an air or water line rupture and that four minors were slightly injured.

The grand jury found that a methane ignition in the mine caused the explosion and that two minors were seriously injured in the blast and required surgery.

The grand jury determined that David Zimmerman altered the scene of the explosion to give inspectors the impression that the miners' injuries were caused by ruptured air and water lines rather than a methane explosion.  They also allegedly instructed employees to remain silent as to the true cause of the explosion.

Corbett said the second explosion took place on Oct. 23, 2006 following the detonation of a blast by miner Jeff Klinger which killed miner Dale Reightler.

According to the grand jury, the fatal explosion was caused by a dangerous accumulation of methane in the mine due to inadequate ventilation, failure to conduct pre-shift mine inspections, failure to follow proper blasting protocols and failure to properly monitor methane levels in the mine.

"Safety procedures are placed in mines for a reason," Corbett said. "Mining is a dangerous business; and protection of miners' safety and well being should be a mine operator's primary concern."

Grand jury testimony revealed that methane detectors and pre-shift inspections were only used and conducted when mine inspectors were present.  Additionally, mine foremen allegedly made it appear that pre-shift inspections were conducted on a regular basis by placing their initials in the mine even though an inspection was never conducted.

The grand jury found that David Zimmerman and Steven Zimmerman were responsible for allowing these dangerous conditions to exist in the mine.  It was also concluded that Jeffrey Klinger failed to follow proper safety procedures prior to detonating the shot that lead to Dale Reightler's death.

Steven and David Zimmerman are both charged with:
-- involuntary manslaughter a first-degree misdemeanor punishable by up to five years in prison and a $10,000 fine;
-- causing or risking a catastrophe a second-degree felony punishable by up to 10 years in prison and a $20,000 fine;
-- causing or risking a catastrophe a third-degree felony punishable by up to seven years in prison and a $15,000 fine;
-- recklessly endangering another person, obstruction of justice and criminal conspiracy, each a second-degree misdemeanor punishable by up to two years in prison and a $5,000 fine and;  
-- violations of the Anthracite Coal Mine Act, a misdemeanor punishable by up to one year in prison and a $1,000 fine.

Additionally, David Zimmerman was charged with tampering with evidence a second-degree misdemeanor.

Jeffrey Klinger is charged with involuntary manslaughter, causing or risking a catastrophe, recklessly endangering another person and violations of the Anthracite Coal Mine Act.

All three individuals were arraigned yesterday before Magisterial District Judge Carol Pankake and released on $50,000 unsecured bail. A preliminary hearing is scheduled for April 24, 2008.

The case will be prosecuted in Schuylkill County by the Attorney General's Environmental Crimes Section.

(A person charged with a crime is presumed innocent until proven guilty.)

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