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Fairfield County resident Michael Conway, age 60, of Bethel, admitted to disregarding federal safety regulations that could have prevented the fatal collapse, Westchester County District Attorney Susan Cacace said on Friday, Feb. 7.
On May 4, 2021, 46-year-old Jose Vega was working inside a nine-foot-deep trench when it suddenly collapsed, completely burying him. The site lacked required cave-in protections, despite federal Occupational Safety and Health Administration (OSHA) regulations mandating them for trenches deeper than five feet.
Vega, a laborer, was pronounced dead at the scene. As the site supervisor, Conway knowingly allowed workers to dig the trench without proper shoring or support, according to prosecutors.
"Safety standards are there for a reason," Cacace said, adding, "Were it not for the complete disregard for federal safety standards, Mr. Vega might still be alive today. Instead, he was buried alive, in part due to Mr. Conway’s recklessness."
Conway pleaded guilty to second-degree reckless endangerment, a class A misdemeanor, in front of Judge Maurice Dean Williams.
The case was investigated by the Village of Mamaroneck Police Department, OSHA’s Tarrytown Area Office, the Westchester County DA’s Criminal Investigator Squad, and the Westchester County Department of Public Safety.
Authorities also praised first responders from the New Rochelle Fire Department, the Village of Port Chester Department of Public Works, the Village of Mamaroneck Fire Department, and the Town of Mamaroneck Ambulance District for their assistance in the rescue and recovery operation.
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