San Francisco charges contractor and three supervisors over fatal 2023 trench collapse
San Francisco prosecutors filed felony involuntary manslaughter and four labor-safety counts against D’Arcy & Harty Construction and three supervisors over the September 2023 Oak Street trench collapse that killed worker Javier Romero.
District Attorney Brooke Jenkins announced felony charges on October 19 against underground utility contractor D’Arcy & Harty Construction, site safety representative John Finbarr Darcy, project manager John William Tobin and crew foreman Filiberto Poblano Perez.
Each defendant faces one count of involuntary manslaughter and four counts of violating a state safety standard resulting in an employee’s death. [1][2]
Prosecutors say 24-year-old laborer Javier Romero was working on September 28, 2023 inside an eight-foot-deep sewer trench at Oak and Divisadero Streets when a passing vehicle triggered a cave-in. According to the charging announcement, Cal/OSHA concluded that the trench’s short walls were completely unsupported and its long walls only partially shored, less than three weeks after a separate complaint flagged an unsupported trench at another company site. [1][2]
Criminal charges are allegations, not convictions. Darcy, Perez and the company pleaded not guilty at arraignment and were barred by the court from supervising workers or governing jobsite safety while the case proceeds. Under California Title 8 rules, excavations five feet or deeper require protective shoring, shielding or sloping unless cut in stable rock. [1][3][4]
Take it further
Review Cal/OSHA excavation shoring standards For construction managers and utility crews. Summarizes California Title 8 protective-system rules for excavations five feet or deeper.
Sources & details 4 sources
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- San Francisco District Attorney · October 19 charging announcement
Original October 19 release detailing Court Nos. 26024803, 26024208 and 26500518, trench dimensions, arraignment pleas and bail conditions. Allegations are not judicial findings.
- KQED · Criminal charges in Lower Haight trench death
Christopher Alam’s October 19 reporting independently confirms the charges, victim identity and SFPUC sewer rehabilitation contract context.
- SFGATE · Arraignment and supervision restrictions
October 19 local reporting corroborates the not-guilty pleas and pre-trial ban on supervising construction safety.
- Cal/OSHA · Trenching and excavation safety guide
Official California Title 8 excavation reference specifying protective system requirements for trenches five feet or deeper.
Images & figures
Criminal charges are allegations; defendants are barred from jobsite safety supervision while proceedings continue.
Euangelion · original data figure · Source · CC BY 4.0 · Download figure