MorgueFile

CHARLESTON, W.Va. — “We wanted more, but a year will have to do.”

That phrase, spoken by Sherry Depoy, was the general sentiment Thursday among those who lost loved ones in the fatal 2010 explosion at West Virginia’s Upper Big Branch (UBB) mine as the verdict was delivered in the criminal trial of former Massey Energy CEO Don Blankenship.

The 65-year-old faces up to one year behind bars after a jury found him guilty of conspiring to willfully violate mine safety standards.

Blankenship was acquitted of the two charges that carried the most weight — lying to investors and federal securities regulators after the UBB explosion in Montcoal that killed 29 men.

“I want him to rot in hell to be honest with you,” shared Depoy, who lost her 53-year-old brother Boone Payne. “I was hoping he’d be guilty on all three counts.”

She described her brother as a great father and grandfather, and added, “I hope a year is good enough for him.”

Blankenship’s maximum prison sentence would have been up to 30 years had he been convicted of all counts.

“We are disappointed, but not as disappointed as we could have been,” said lead defense attorney Bill Taylor. “There was never enough evidence to justify convicting Mr. Blankenship of any of these offenses. I’m confident we’ll prevail on appeal.”

Taylor said they were pleased Blankenship was found not guilty of all felony charges in the indictment.

Although the former CEO was only convicted of a misdemeanor, the U.S. Attorney’s Office still called the conviction “an enormous victory.”

“This is a landmark day for the safety of coal mining,” U.S. Attorney Booth Goodwin said. “Really, it’s a landmark day for all working men and women. The CEO and chairman of one of America’s largest coal companies, now stands convicted of willful violations of the laws that are designed to keep coal miners safe.”

Goodwin said the prospect of federal prison time for Blankenship sends a powerful message to executives who ignore safety.

“It doesn’t matter who you are, how rich you are, how powerful you are — if you violate the laws and gamble with the lives of your workers, you will be held accountable.”

Goodwin said to his knowledge, the conviction of a chief executive of a major corporation for a workplace safety crime is unprecedented.

He added, “In this case, it is long overdue. The defendant endangered the safety of his workers for years by ignoring the laws that were intended to keep them safe. Time and again, he chose to put profits over safety and the miners paid the price.”

Goodwin would not comment on whether any other charges will be pursued from the investigation. He said his office is “really not looking at that today” in regard to potential perjury charges against former Performance Coal President Chris Blanchard, whose testimony was somewhat contradictory from his grand jury testimony given in November 2014.

Both Goodwin and Assistant U.S. Attorney Steve Ruby said they felt justice was served.

Ruby added, “You can’t always, in fact, you often can’t, measure justice by the length of a prison sentence or the amount of time that a defendant does.”

He said the charge for which Blankenship was convicted was the heart of the case, “the heart of the criminal conduct that existed at Massey,” and that the former CEO is being held accountable for his actions.

Juror Bill Rose said of the verdict, “Well I am just glad that we did come to a conclusion of guilty on one charge; in my opinion and from the evidence presented during the case, I came to the conclusion that he was guilty on all counts of the indictment.”

For Judy Jones Petersen, who sat through every day of the trial, just hearing the words, “You’re guilty,” was enough for her.

“I did think about my brother, Edward Dean Jones, and he is vindicated today,” she said. “Even though Mr. Blankenship may not be convicted of all of these crimes, he is guilty, my friends, and he is not guilty of just being a liar, cheat and fraud, he is guilty of the reckless disregard of human life, and the loss of 29 souls through that reckless disregard.”

Jones, 50, was a mining engineer with a loving family waiting for him at home. Petersen said her brother was highly knowledgable about mining safety, but because of the attitude at Massey, where he faced threats of being fired on a regular basis, “He had to put his own life and others at risk.”

She said she hopes this conviction puts other owners and operators of companies on notice.

“My life will never be the same again. That same explosion that wrecked and shook that mountain, shook the very foundation of my life. We deserved somebody to step forward and say he’s guilty for that.”

But for the father of a 25-year-old miner lost in the explosion, the verdict just wasn’t good enough.

“There’s no way you can be guilty of the first count and not the other two,” Robert Atkins said.

“There was enough testimony that a 5-year-old could have found him guilty.”

Atkins said he’s not really any closer to closure about his son Jason’s death, and he fears that with Blankenship’s financial resources, he’ll never spend a day behind bars.

For now, Blankenship will remain on the same bond conditions as before. His $5 million cash bond will remain in place, and he is restricted to reside and travel only in southern West Virginia, Washington, D.C., and Pike County, Ky.

Prosecutors asked for heightened bond conditions, including home confinement and an additional $10 million cash bond, and the defense asked for loosened restrictions, but U.S. District Judge Irene C. Berger ordered the conditions remain the same.

She scheduled Blankenship’s sentence hearing to be held March 23, although the defense has already asked for a week’s postponement.

Shirley Whitt, another sister of the lost miner Boone Payne, said she just hopes Blankenship spends some time behind bars.

“I don’t care if it’s 60 days or a year, he needs to go to jail,” Whitt said.

She said a monetary penalty just wouldn’t do — “A fine doesn’t mean anything to Don Blankenship.”

Many family members expected the verdict to bring some closure to their lives, but for Whitt, that closure will come on March 23, 2016, when Blankenship is sentenced.

“I think March 23 will be when we can move on. I do hope, come that day, we’ll be able to move on. As much as it can be, justice will be served.”

Holdren writes for The Beckley (West Virginia) Register-Herald).