The Increasing Application of
Criminal Law to Disasters
Clason Lecture
Western New England
University, March 26, 2015
©Professor Denis Binder
Dale E. Fowler School of Law
Chapman University
714-628-2505
dbinder@chapman.edu
INDIANA
Ford Pinto exploding gas tank
1978 Pulaski County, Indiana Prosecutor obtains indictment of Ford
1980 Jury verdict of acquittal on three counts of reckless homicide by
Ford
BHOPAL, INDIA
December 2-3, 1984 Union Carbide chemical leak killed 7,000-10,000
Over 100,000 with health problems
December 2, 1984 Warren Anderson, CEO of Union Carbide, flies to
India, arrested for manslaughter, released on bail
June7, 2010 8 Indian ex-employees of Bhopal plant convicted of
negligence
VALDEZ, ALASKA
March 24, 1989
Exxon Valdez runs aground on Bligh Reef in Prince William Sound
11 million gallons of oil spilled
No personal injuries
Extensive environmental damage
Captain Joseph Hazelwood charged by Alaska with felony charge of seconddegree criminal mischief and there misdemeanors
Acquitted of all felony charges
Convicted of negligent discharge of oil
1993- Alaska Supreme Court overturns conviction
HAMLET, NORTH CAROLINA
September 3, 1991
Fire
25 workers killed
55 workers injured
Doors locked, windows boarded, trapping workers
March 13, 1992 Emmett J. Roe (owner), Brad Roe (owner’s son) and James
N. Hair (plant manager) arrested – Non-negligent manslaughter
September 15, 1992: Emmett pled guilty to 28 county of involuntary
manslaughter. He had ordered the doors to be locked from the outside
Sentenced to19 years; served 4 years
PLYMOUTH, NOVA SCOTIA, CANADA
May 9, 1992
Explosion and fire at Westray Coal Mine
26 Miners died
October 5, 1992 Curragh Resources (mine owner) and 4 mine
managers charged with 26 counts of criminal negligence and
manslaughter
1993-Company bankrupt
1998-Charges dropped against the managers
EVERGLADES, FLORIDA
May 11, 1996
Value Jet Crashes
110 passengers and crew members died
Chemical oxygen generators in cargo compartment
Sabre Tech, maintenance supervisors and two mechanics indicted
CHARLES DE GAULLE AIRPORT
July 25, 2000
Air France Concorde crashes on take off
113 fatalities
Titanium alloy strip (17.1” x 1.1” x .055”) fell off Continental Airlines
Plane
Continental Airlines and a mechanic convicted
Three acquitted
MELVILLE, WEST VIRGINIA
January 19, 2006
Fire in Aracoma Alma Mine
2 miners die from carbon monoxide poisoning
2009 Massey Energy $2.5 million criminal fine
July 20, 2010 4 foremen pled guilty to failure to conduct escapeway drills
KAUAI, HAWAII
March 14, 2006
Kaloko Dam Burst
Seven deaths
80 year old owner, James Plueger, indicted on 7 counts of
manslaughter
2013 plea copping to reckless endangerment
UCLA
December 29, 2008
Lab fire killed a research assistant
University and supervising professor charged with four felony counts
of wilfully violating California Health and Safety standards.
L’AQUILA, ITALY
April 6, 2009
Earthquake killed 309 with over 1,100 severely injured
2011 – Public prosecutor charged 6 Italian scientists
and a public official with manslaughter for
miscommunications (safety assurances) before the
earthquake.
October 2013 – Convictions
2014 Convictions Overturned
HURRICANE KATRINA
August 25, 2009
1,834 Fatalities
135 Missing
Dr. Anna Pou at Memorial Hospital indicted for alleged mercy killings
of patients; indictment dropped
Owners of nursing home indicted for not evacuating residents before
the hurricane; acquitted
4 Police Officers convicted of killing two people and wounding four
fleeing the city
1 Police Officer convicted of cover up
LA FAUTE - SUR- MER
February 28, 2010
Cyclone Xynthia struck French coast
29 deaths
Hundreds of homes flooded
Homes built in a “red zone” where construction should have been barred
Mayor, town councilor and her son, and owner of building company charged
with manslaughter
December 7, 2011 Mayor sentenced to 4 years in prison
Francoise Babin in charged of building permits, sentenced to 2 years
Philipar Babin, son, sentenced to 18 months, for not ensuring the seawall was
being monitored
MONTCOAL, WEST VIRGINIA
April 5, 2010
Explosion in Upper Big Branch Mine
29 miners died
November 12, 2014
Donald Blankenship, Massey Energy Company’s CEO indicted on four
counts
Alpha Natural Resources acquired Massey in 2011
Paid $209 million in criminal penalties
Former mine superintendent pled guilty in criminal cases
GULF OF MEXICO
April 20, 2010
BP Gulf Oil Blowout
11 dead
BP Indicted on 14 criminal charges
3 BP execs and engineers indicted, one for destroying text message
SAN BRUNO, CALIFORNIA
September 9, 2010
Underground gas main exploded
8 deaths
38 homes destroyed
PG&E indicted on 12 counts, including failure to maintain proper
records
ISRAEL
April 18, 2012
Lighting rig collapses on Mount Herzl in preparation for Israeli
Independence Day
Israeli Lieutenant Killed
6 indictments
HONG KONG
October 2, 2012
Sea Smooth passenger ferry collides with Lamna IV crew ferry
39 Killed
92 Injured
7 Crew members arrested
February 13, 2015 Lai Sai-ming, Sea Smooth Captain, convicted of 39
counts of manslaughter and endangering the safety of others at sea
Chow Chi-wai convicted of endangering the safety of others
ITALY
January 13, 2012
Costa Concordia cruise ship runs aground
32 passengers and crew died
8 crew members convicted
Captain sentenced to 16 years
BABAO COAL MINE, CHINA
March 31, April 1, 2013
Series of explosions
53 Deaths
20 Injuries
Deputy manager arrested
4 Chinese officials arrested
BANGLADESH
April 24, 2013
Rana Plaza Building Collapsed
at least 1,130 fatalities
over 2,000 injured
Building owner, 2 dozen others, including Mayor arrested
JILIN PROVINCE, CHINA
June 2, 2013
Fire at Jilin Baoyuanfeng Poultry Slaughterhouse
121 Deaths
76 Injuries
Emergency exits blocked
Owner, General Manager, 11 local officials arrested
35 Government officers and company
Executives transferred to judicial authorities for prosecution
73 officials receive disciplinary sanction
December 27, 2014
Chairman of company sentenced to 9 years for not ensuring safe working
environment
General manager sentenced to 4 years rod installing substantial equipment
Local fire chief and deputy sentenced to prison terms for forward to carry out safety
inspection and falsifying information after the fire
LAC – MEGANTIC, CANADA
July 6, 2013
Oil train derails with explosions and fire
47 fatalities
Corporation and three employees indicted
RIGA, LATVIA
November 13, 2013
Roof collapses at Zolitude shopping center
54 deaths, including 3 rescue workers
41 injured
January 13, 2015: Construction engineer and expert analyst for architectural
firm arrested for building code violations.
CHARLESTON, WEST VIRGINIA
January 9, 2014
Freedom Industries storage tank leaked chemicals, which entered the
water treatment facility
300,000 left without drinking water.
Former president indicted for bankruptcy fraud, wire fraud, and
giving false oath.
DAN RIVER, NORTH CAROLINA
February 2, 2014
Duke Energy coal ash pond spills into Dan River
39,000 tons of coal ash
27 million gallons of contaminated water
February 20, 2015
Justice Department and Duke Energy announce filing and settlement
of 9 criminal counts
$68.2 Million in fines
$34 million for community service
5 years probation
Court appointed mediator
SOUTH KOREA
April 16, 2014
Ferry Sewol Capsizes
304 Deaths, mostly students
Captain and 3 crew members indicted on homicide charges
11 others indicted for negligence
Owner commits suicide
Captain sentenced to 36 years with lesser sentences for the crew
Coast Guard Captain sentenced to 4 years for professional misconduct in
botched rescue
SOMA, TURKEY
May 13, 2014
301 Miners killed in coal mine explosion
25 arrested, including general manager and mine’s operations
manager