Greer man who disappeared in recycling plant incident declared legally dead
Alex Burrell Gordon, who disappeared on May 5 at Industrial Recovery & Recycling (IRR) in Greer, has been declared legally dead by a Spartanburg County Probate Court judge.
Attorney Charlie Hodge represents Michael Gordon, Alex's father and a former supervisor at IRR, which is located at 3100 Green Road in Greer. Hodge said the judge's oral ruling from the bench will be signed into an official court order, and he hopes that order will be made public "later this week."
Months ago, the Herald-Journal reported that Michael Gordon's attorneys had filed a petition to get a declaration of death for Alex Burrell Gordon from the Probate Court, which would then allow the issuance of a death certificate. Back in July, Spartanburg County Coroner Rusty Clevenger said his office was unable to make a declaration of death, absent a body.
"We presented evidence to the judge of the operation of the [VAZ 1600 M FF - Machine No. 15470010] shredder machine, where the process began, where it ended," Hodge said. "The workers were occupied with trying to clear a blockage in the tube. All their attention was turned towards that. Anyone on the shredder would've been behind them. It's very, very loud at that facility. The testimony was that it's as loud as an airplane taking off. So if someone fell in the shredder, you wouldn't have known it, because of the volume in the building.
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A signed death certificate pre-empts a worker's compensation claim concerning an employee's death. Hodge said he filed a claim back in July with the South Carolina Worker's Compensation commission regarding Alex's disappearance.
"After clearing the shredder, [Michael Gordon] went to look for his son, couldn't find him, and a frantic search occurred through those early morning hours," Hodge said.
Hodge noted that a number of cats were known to hang around the facility. On previous occasions, there had been incidents where cats climbed into boxes and then been accidentally processed through the shredder, so the material workers found "dripping" through the conveyor was thought to possibly be a cat.
Michael Gordon contacted the Spartanburg County Sheriff's Office after Alex could not be located, and the initial examination did not return as human remains. However, a subsequent test of material found under the machine's conveyor belt returned a month later as 99.9% positive as a DNA match with someone in Alex's family.
"At the conclusion of the trial, the judge determined that Alex Gordon had died as a result of this tragic industrial accident by falling into the shredder," Hodge said.
More:Greer recycling plant death: Advocate for victims of workplace incidents critical of SC OSHA
South Carolina Occupational Safety and Health Administration (SC OSHA) initially fined IRR almost $34,000 in fines, pending abatement.
That amount was subsequently increased to $54,075 for additional violations, but the total fines assessed after abatement amounted to $19,112, according to the case file on OSHA's website.
IRR had a history of OSHA violations, receiving fines in 2017 and 2012, according to OSHA files.
This article originally appeared on Herald-Journal: Greer man who disappeared at recycling plant legally declared dead
