The true culpability rests in a higher position of authority

CHARLESTON, W.Va. -- As investigations of Massey Energy's Upper Big Branch Mine disaster continue, federal authorities have wrapped up their criminal inquiry of a 2006 fire that killed two Massey workers - and the widows of those two men continue to question why the prosecution didn't go higher up the corporate ladder.

On Thursday, U.S. District Judge John T. Copenhaver held a hearing in Charleston to sentence four foremen from Massey's Aracoma Alma No. 1 Mine in Logan County. The four admitted to not conducting required mine-evacuation drills prior to the January 2006 fire that killed miners Don Bragg and Ellery Hatfield.

Copenhaver sentenced Donald R. Hagy, Terry L. Shadd, Edward R. Ellis and Michael A. Plumley each to a year's probation and to a total for the four of $7,000 in fines. Defense lawyers told Copenhaver their clients were good workers and solid family men who were sorry for their crimes and wanted another chance.

"He understood he was doing something he shouldn't have and he has accepted responsibility," said lawyer Stephen New, who represented Ellis, a former high school classmate from Mingo County.

Family members of the foremen filled one side of the courtroom, and Copenhaver said he had received letters from their friends, neighbors and pastors speaking up for their character.

On the other side of the courtroom, widow Delorice Bragg sat with her attorneys, Bruce Stanley and Tonya Hatfield. Stanley, a lawyer for Bragg and for widow Freda Hatfield, told Copenhaver his clients were not looking for the judge to be overly harsh in sentencing the foremen.

"The true culpability in this matter rests in a higher position of authority than the four gentlemen in this courtroom," Stanley said.

http://www.wvgazette.com/News/201012091322

So, whenever you have a prolonged case of mine foremen and mine inspectors that intentionally ignore and neglect doing the job they are being paid to do, ……. then "The true culpability in this matter rests in a higher position of authority …….,"

Would that higher position(s) be ….. Inspector of Foreman’s Work Ethics ….. and Inspector of Mine Inspector’s Work?