Contractor charged in death of laborer in a Mamaroneck trench collapse in 2021

A Connecticut-based contractor was charged Friday with criminally negligent homicide in the 2021 death of a worker at a Mamaroneck construction site.

Westchester County District Attorney Mimi Rocah said Michael Conway, 59, of Bethel, Conn., was indicted by a grand jury and charged with criminally negligent homicide and two counts of second-degree reckless endangerment after a nine-foot-deep trench collapsed on top of 46-year-old laborer Jose Vega of Stamford, Conn., killing him on May 4, 2021, at a site run by Conway.

An investigation between Rocah's office and the U.S. Department of Labor's Occupational Safety and Health Administration found that Conway was the director of project development and site manager for Lecher Development LLC, the company responsible for the Shore Acres Drive construction site in Mamaroneck where Vega died.

Rocah said at approximately 12:40 p.m. on May 4, Conway told two workers to dig a nine-foot trench at the site without proper protections to prevent it from collapsing. The trench collapsed shortly after, burying Vega.

"For the first time in Westchester County, we are seeking to hold a contractor accountable for the death of a worker at a construction site that allegedly lacked proper safety measures," Rocah said in a news release. "My office will seek justice for the family of Jose Vega and continue to ensure workers' safety remains a priority across the county to prevent fatalities like this one."

New Rochelle Fire Department, the Village of Port Chester Department of Public Works, the Village of Mamaroneck Fire Department, and Town of Mamaroneck EMS workers were all on the scene to attempt Vega's rescue from under the dirt. He was pronounced dead at the scene.

An investigation found Conway knew the trench construction violated OSHA regulations, which "require a trench deeper than five feet to have protections that prevent the walls from caving in," according to Rocah and OSHA regional administrator Richard Mendelson.

Conway was arrested by Village of Mamaroneck police and arraigned Friday in Westchester County Court. his bail was set at $5,000 cash and $10,000 bond. Conway is set to appear back in court on March 22.

In response to the charges brought forth Friday, Conway's attorney Richard Ferrante said Conway was not responsible for the death because he was not the overall site supervisor.

“It’s our view that the people right now are looking for a scapegoat and trying to make my client that scapegoat. He was not in charge of supervising the excavation itself. He was merely a subcontractor of the general contractor,” Ferrante said. “In fact, my understanding is there was a supervisor from the excavation company on site at some point during the day and it would have been his responsibility to supervise his workers in digging the trench."

Ferrante said Conway was subcontracted to do certain things on the job site but he was not the supervisor of everything that happened on the site. He said it was the excavation company’s responsibility to oversee the trench construction, not Conway.

“From what I’ve seen so far, I don’t see that my client has any criminal liability whatsoever,” Ferrante said.

Jirandy Martinez is the executive director of the Community Resource Center in Mamaroneck, a day labor organization that connects immigrant residents to work opportunities, case management representation and educational programs.

She said the decision from Rocah to charge Conway in Vega's death "underscores the importance of holding employers accountable for workplace safety,” Martinez said.

“This not only motivates compliance with OSHA guidelines but also empowers workers to advocate for themselves," she said.

According to Martinez, immigrant workers, especially those who are undocumented, are more at risk of working in unsafe conditions because they often don’t have OSHA safety training and face pressure to accept the working conditions.

Martinez said, according to the U.S. Bureau of Labor Statistics, one laborer died every 96 minutes in 2022 from work related injuries, which is why OSHA training is “essential” for this kind of work.

“Such training not only equips workers with knowledge and skills but also fosters a culture of safety, enhancing overall workplace standards in Westchester's construction and general industries,” she said.

Rocah said unsafe working conditions or concerns about workplace safety should be reported to OSHA at 800-321-6742 or the DA’s Office at 914-995-8477. Language assistance is available.

This article originally appeared on Rockland/Westchester Journal News: Contractor charged in laborer death in 2021 Mamaroneck trench collapse