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Texas company, supervisor indicted in fatal 2021 trench collapse

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Texas company, supervisor indicted in  fatal 2021 trench collapse

A Texas grand jury has indicted a construction manager and his employer in connection with a trench collapse three years ago that killed a 24-year-old Bastrop worker and seriously injured another one.

Carlos Alejandro Guerrero, a project superintendent with Austin-based D Guerra Construction LLC, was charged with criminally negligent homicide in connection with the death of Juan José Galvan Batalla, according to the Travis County prosecutor’s office. The company was also charged. Galvan Batalla was working in a trench to install a residential sewer line near Austin in October 2021 when he was completely buried by falling soil and debris, officials said. He died of his injuries a week later.

In a news conference Thursday announcing the indictments, Travis County District Attorney José P. Garza cited an NPR investigation earlier this year (LINK: https://www.npr.org/2024/07/20/g-s1-9028/osha-construction-safety-trench-collapse), which found that 250 people died over the last decade when trenches they were working in collapsed. NPR compiled a database of trench collapse deaths that happened between 2013 and 2023 and found that only 11 employers were criminally charged in instances where workers died. Most offenders got off with a fine, probation or little time in jail.

“All workers here in Travis County deserve to be safe at work so they can return to their families at the end of the day,” Garza said. “When employers engage in criminal conduct and expose their employees to hazardous working conditions, this office will hold them accountable.”

Trench collapses often occur when employers cut corners, such as failing to install shoring equipment like hydraulic cylinders that hold back the dirt walls of a trench or boxes and timbers that prevent a potential collapse from harming workers.
An OSHA investigation found that two workers had escaped the unsafe trench just hours earlier, but were sent back into the 13-foot-deep hole to complete the job.

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“Despite a partial trench collapse earlier in the day, D Guerra Construction LLC recklessly sent employees back into the excavation without protective measures to prevent another cave-in,” OSHA Area Director Casey Perkins said in a statement. “The loss of this worker’s life was preventable and the employer must be held responsible for ignoring excavation safety rules.”

Scot Courtney, an attorney representing Guerrero, called the incident “a tragedy” and an “accident.”

“Nobody did anything intentionally,” Courtney said. “A jury will ultimately have to decide whether my client is a criminal for doing his job.”

In November 2023, two years after the cave-in killed Galvan Batalla, OSHA inspectors cited the company again for having an unprotected trench. Agency inspectors said the company’s workers were installing a sewer pipe inside a ten-foot-deep excavation in Pflugerville, Texas, that was not protected from cave-in hazards.

In a statement to NPR, the company said that Galvan Batalla was a valued employee and that several of his family members continue to still work there. The company declined to comment on the indictment.

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How a Beer Hall Keeps Up With a World Cup Crowd

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The fans see the games, the crowds, the food and the beer. But behind every World Cup watch party is a team working long before kickoff and well after the final whistle. We go behind the scenes at a beer hall in Brooklyn to see what it takes to serve a room full of soccer fans on game day.

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With the white nationalist group Patriot Front, what you see is not what you get

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With the white nationalist group Patriot Front, what you see is not what you get

Members of the group Patriot Front ride the subway as a commuter looks on, in Washington, D.C., on July 4.

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The sight of hundreds of masked men roaming the streets of Washington, D.C., on July Fourth weekend, wearing khakis, blue shirts and uniform patches, was chilling to some of the city’s residents.

For many Americans, it was the first they heard about Patriot Front, a white nationalist organization that was born out of the deadly 2017 Unite the Right rally in Charlottesville, Va. A now-viral Reuters photo prompted reflections on the experience of a lone African American woman who was photographed in a Metro subway car, surrounded by white supremacists.

The planned demonstration of force was timed to bring a fringe group of extremists into public view as the nation marked 250 years of its independence. Indeed, the stunt succeeded in earning the group media coverage across mainstream outlets, amplifying its brand and potential to reach new recruits. On this occasion, the members refrained from engaging in violence and property damage, projecting an image of law-abiding, orderly activism.

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But those who are closely familiar with Patriot Front’s history and operations warn: Don’t believe what you see.

“That is not who they are in private,” said Len Kamdang, director of the Criminal Justice Project at the Lawyers’ Committee for Civil Rights Under Law. “Although they were on their best behavior [last] weekend, this is a dangerous group that commits acts of violence all over the country.”

Patriot Front’s history of violence and property damage

Kamdang’s organization sued members of Patriot Front for vandalizing a public mural dedicated to the tennis legend and Black activist Arthur Ashe in Richmond, Va., in 2021. Ashe, who was inducted into the International Tennis Hall of Fame in 1985, was born in Richmond and his legacy is a continuing source of pride to members of that community.

“A couple of Patriot Front members showed up under cover of night and vandalized the mural,” Kamdang said. “They painted white stencils all over. … They literally tried to whitewash him and they put their symbols of hate all over — their stencils, their slogans. And all the while they were caught on video. And that video leaked using some of the most horrible language that you can imagine.”

In many jurisdictions, law enforcement can seek additional hate crime charges or sentencing enhancements in cases where illegal acts appear to have been motivated by racial bias. But in this case, Kamdang said, Patriot Front members faced no criminal charges and their identities were only revealed when online activists later infiltrated the group and leaked internal records.

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Graham Platner makes it official in Maine, submitting paperwork to leave Senate race

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Graham Platner makes it official in Maine, submitting paperwork to leave Senate race

Now-former Democratic Senate candidate Graham Platner speaks at his primary election night event on June 9 in Blue Hill, Maine. Platner officially dropped out of the race July 10 following rape allegations from a former romantic partner that he denies.

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Graham Platner, Maine’s Democratic nominee for Senate, is officially out of the race.

The Maine Secretary of State said Platner filed the necessary paperwork to withdraw his candidacy two days after he announced he planned to do so following an accusation of rape by a former romantic partner. Platner denies the allegation.

The Maine Democratic Party has until July 27 to pick Platner’s replacement.

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In his withdrawal notice, Platner said “people are desperate for change” and that’s why they voted “for a new kind of politics” by making him the Democratic nominee. He expressed gratitude for those who supported his campaign and said that he will continue to fight for “the movement we have built together and the future we believe in.”

He ended his notice with a strong statement aligned with the progressive platform.

“F*ck ICE. Free Palestine. Up the Hearts.”

Platner announced his plan to withdraw from the race in an 11-minute video he posted to social media on July 8. He said he had no choice but to suspend his campaign, citing it was no longer viable financially.

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“We are going to lose our ability to fundraise. We are going to lose our ability to access voter data. We are going to lose all of the things that any campaign needs on the basic level simply to function,” he said.

Platner added that dropping out was not an admission of guilt. Rather, the decision, he said, is to keep the progressive movement in Maine alive to defeat Republican Sen. Susan Collins in November. Platner blamed the “political establishment” for his downfall and argued the goal was to force him out of the race.

“We built a campaign. We engaged in electoral politics. We motivated people. We banded together. We did it the way that we were told we are supposed to make change and we won. And now they are not going to let us have it. Not if it’s me,” he said.

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