Plea hearings set for Massey workers in W.Va. fire
by THE ASSOCIATED PRESS
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CHARLESTON, W.Va. (AP) — Guilty plea hearings are set for later this month for four supervisors with Massey Energy Co. charged with federal crimes related to a coal mine fire that killed two West Virginians in 2006.

Federal prosecutors said the men are accused of failing to conduct mandatory safety drills at Massey's Aracoma Alma No. 1 mine in 2005 and 2006. Two men — Don Bragg and Ellery Elvis Hatfield — died trying to escape a conveyer-belt fire at the Logan County mine on Jan. 19, 2006, after getting lost in thick smoke.

Named in the July 1 federal information were: Donald Hagy, Jr., 47, of Gilbert; Terry Shadd, 37, of Chapmanville; Edward R. Ellis, Jr., 38, of Justice; and Michael A. Plumley, 38, of Delbarton.

According to court filings, guilty plea hearings are scheduled for July 20.

The charges are the latest to stem from the fire.

In April 2009, Massey subsidiary Aracoma Coal Co. agreed pay $4.2 million in criminal fines and civil penalties after pleading guilty to 10 criminal charges stemming from the Aracoma fire. U.S. District Judge John Copenhaver approved Aracoma Coal's plea deal despite a provision that spared Massey officials and the Richmond, Va.-based company from prosecution. Lower-level Massey employees, like those currently charged, were not immune from prosecution.

Also last year, former Massey foreman David R. Runyon was fined $1,000 and agreed to give up a state-issued underground mine foreman's certificate after pleading guilty for not conducting safety drills at the mine. He faced five federal charges. Runyon was the foreman of a crew that escaped the fire.

The charges are the latest problem for Massey.

The Richmond, Va.-based coal company is facing unrelated criminal and civil investigations of an explosion that killed 29 men at its Upper Big Branch mine in Raleigh County. The April 5 blast is the nation's worst coal mining disaster in 40 years and has led to an outpouring of criticism that Massey puts profits ahead of safety.

The company has steadfastly denied that accusation.

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