Who We Are

Prosecute Massey is a project of the Daily Citizen Inc., a national 501.c.4 non-profit.

What Happened?

On April 5, 2010, an explosion at Massey Energy's Upper Big Branch mine in Raleigh County, West Virginia killed 29 miners.

Why We Want a Prosecution
Bob Franken, wrote an article last week for The Hill titled “Murder in the Coal Fields?”

“Plain and simply, the police and prosecutors need to pursue this case,” Franken wrote. “And if those who run Massey can be shown to be culpable beyond a reasonable doubt, they need to be thrown into prison. The sentence for involuntary manslaughter, as just one possible charge, in West Virginia, is a year in prison. For each case.”

Also, a corporation can be charged with involuntary manslaughter.

On August 10, 1978, three teenage girls driving in a Ford Pinto were hit from behind on Highway 33 in northern Indiana.

Within moments their car burst into flames and Lyn Ulrich, 16 and her cousin Donna Ulrich, 18, were burned to death.

Eight hours later, Lyn's 18-year-old sister, Judy, who had third degree burns over 95 percent of her body, also died.

When an Indiana grand jury looked into the accident a month later, they voted unanimously to indict not the driver of the van that had rear-ended the three girls, but Ford Motor Company – then the country's third largest industrial corporation – on three counts of reckless homicide.

The automaker was accused of recklessly designing, manufacturing and marketing the Pinto's unsafe fuel tank system.

Although Ford was ultimately acquitted, the criminal prosecution of Ford Motor Company reestablished an important precedent:

In certain cases involving human health and safety, corporations and their executives could be required to submit not only to the scrutiny and sanctions of traditional federal agencies, but to state criminal courts as well.

 

What is Involuntary Manslaughter?

West Virginia has an involuntary manslaughter statute.

Here’s the state’s definition:

“Involuntary manslaughter involves the accidental causing of death of another person, although unintended, which death is the proximate result of negligence so gross, wanton and culpable as to show a reckless disregard for human life.”

Under West Virginia law, reckless disregard is something more than ordinary or simple negligence.

It is negligence that consciously ignores the safety of others.

And so the question is – do Massey’s actions at the Upper Big Branch mine meet the standard for reckless disregard

On April 23, 2010, the Washington Post reported that federal safety inspectors who visited Massey Energy's Upper Big Branch coal mine early this year said senior managers showed “reckless disregard” for worker safety by telling a foreman to ignore a citation the mine had received for faulty ventilation, according to the inspectors' handwritten notes.

What is the Statute of Limitations for Involuntary Manslaughter in West Virginia?

One year. April 5, 2011.

What Should We Do?

Petition the Raleigh County Prosecutor.

Ask that she bring involuntary manslaughter charges against Massey and responsible executives.