WOODLAND — A Yolo Superior Court judge has dismissed involuntary manslaughter charges that had been filed against the superintendent of a Winters construction site where two men fell to their deaths three years ago this month.
Mark Robert Powell’s son, Marcus Zane Powell, and his co-worker Glen Hodgson died in the May 30, 2014, incident in which the crane-hoisted platform they were on slipped from a hook and plummeted 80 feet to the ground.
The men had been attempting to repair a broken line on another crane. Cal-OSHA investigators later reported finding numerous safety deficiencies on the first crane, including a missing front window, a hydraulic oil leak and an absence of labels on its controls.
Mark Powell, 52, had been operating the crane at the time of the accident, which occurred as their employer, Disney Construction, was building the Putah Creek Bridge connecting Yolo County to Solano County.
Yolo County prosecutors filed the involuntary manslaughter charges last year, along with two counts of violating the state labor code, alleging that Powell acted recklessly by failing to properly survey the construction site for potential hazards prior to sending the two men to perform the repair.
Judge David Reed found sufficient evidence to support the charges following Powell’s preliminary hearing last December.
But in a motion to dismiss the charges filed last month, defense attorney Patrick Hanly argued that prosecutors failed to produce sufficient evidence to back the manslaughter counts, which he said requires a showing of criminal negligence.
“The evidence established that Mr. Powell would not want to harm or injure the victims in this case and certainly would not act without the proper regard for the safety of his son’s own life,” Hanly wrote. “There was also insufficient evidence introduced to establish that the fatal consequence of the negligent act could reasonably have been foreseen.”
Judge Timothy L. Fall reviewed the dismissal motion and agreed, ruling Monday that Powell “was not someone who was showing disregard for how their actions would affect human life.” He denied Hanly’s motion to dismiss the labor code violations, which will now proceed to the trial stage.
Powell, of Milpitas, is due back in court May 22 to enter a plea and set a trial date.
“Those (manslaughter charges) are hard to sustain in the construction industry,” which is a dangerous line of work, Hanly said outside the courtroom. “We’re glad the judge was able to see that.”
Deputy District Attorney Martha Holzapfel, who is prosecuting the case, declined to comment on Fall’s ruling.
In her written response to Hanly’s motion to dismiss the charges, Holzapfel contended that Powell showed criminal negligence by demonstrating “a pattern of ignoring safety requirements when it suited him,” thus creating a high risk of death or great bodily injury.
“He had the obligation as the superintendent to ensure his workers’ safety,” Holzapfel wrote. “He clearly set the standard in the job site of failing to follow rules and fostered an environment of reckless disregard.”
Cal-OSHA cited Disney Construction for several labor-code violations and fined the company $106,110 following the two men’s deaths, citing faulty equipment and untrained staff that plagued the construction site. Disney is appealing that action.
— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene