The Register-Herald, Beckley, West Virginia

Local News

January 29, 2009

Mine foreman facing five federal charges in fatal Aracoma fire

By Tim Huber

CHARLESTON — A Massey Energy Co. foreman was indicted Thursday on five federal charges stemming from a fire that killed two miners at a Logan County coal operation in January 2006.

David R. Runyon, 43, of Justice, is accused of two counts of knowingly violating federal safety standards by failing to hold mandatory evacuation drills. Runyon also faces three counts of falsifying records to show that evacuation drills had been conducted when they weren’t.

“We have spoken with the U.S. Attorney’s Office throughout the investigation. It’s our position that Mr. Runyon has not done anything wrong,” defense attorney Nick Preservati said.

Runyon faces up to 17 years in prison and a $950,000 fine.

The indictment identifies Runyon as the foreman of one of two crews that were underground at Massey subsidiary Aracoma Coal Co.’s Alma No. 1 mine in West Virginia’s southern coalfields when a conveyer belt caught fire Jan. 19, 2006. Runyon’s crew was farther from the fire and escaped.

Runyon remains employed at Aracoma, Massey spokesman Jeff Gillenwater said in an e-mail. “Massey has an open investigation into the circumstances surrounding the Aracoma fire and will consider this and any other new information in its investigation.”

Two members of the other crew, Don Bragg, 33, and Ellery Elvis Hatfield, 47, died after they were separated from the rest of their co-workers while trying to escape.

State and federal investigators say an overheated conveyer belt caused the fire, but also blamed missing air control walls for allowing the primary escapeway for Bragg and Hatfield’s crew to fill with smoke.

Federal prosecutors are believed to be investigating several other Aracoma employees. Attorneys representing several workers in state disciplinary proceedings have said their clients are being investigated by the U.S. Attorney’s Office in Charleston.

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