Ex-mine security chief to be sentenced over blast

[February 29, 2012]  BECKLEY, W.Va. (AP) -- A convicted former security chief at the Upper Big Branch mine in southern West Virginia will learn his fate for lying to investigators about the April 2010 explosion that killed 29 men.

Hughie Elbert Stover faces up to 25 years in prison. His sentencing was set for Wednesday in U.S. District Court in Beckley.

Stover was convicted of lying to investigators and ordering a subordinate to destroy thousands of security-related documents after the worst U.S. coal mine disaster in four decades.

Uniform federal sentencing guidelines that judges can follow or ignore recommend a sentence between two years, nine months and three years, five months.

U.S. Attorney Booth Goodwin has said the guidelines fail to reflect the severity of Stover's crimes. He urged U.S. District Judge Irene Berger to "send a resounding message" and impose the maximum penalty.

Witnesses testified that Stover instructed mine guards to send out radio alerts whenever inspectors entered the property, which was owned at the time by Massey Energy. Such a practice is illegal. Stover previously denied the claims in a November 2010 interview with investigators.

The second count alleged Stover sought to destroy documents in January 2011, by ordering a subordinate to bag and then throw them into an on-site trash compactor. Massey repeatedly warned employees to keep all records while the disaster remained under investigation. Company officials told investigators of the trashed documents, which were recovered.

Defense attorney Bill Wilmoth claimed Stover's actions amounted to innocent mistakes and that he deserved no jail time.

The defense portrayed the former law enforcement officer, a veteran of both the Navy and Marines, as a by-the-book employee who became a victim of the government's zeal to blame someone for the deadly explosion.

Four investigative reports issued on the disaster have each concluded that poorly maintained machines used to cut into sandstone caused a spark that ignited naturally occurring methane gas. Broken water sprayers then failed to stop the fireball from turning into a much more powerful series of explosions that were fueled by coal dust.

The government will call several witnesses who are expected to testify at Wednesday's hearing that Stover admitted to misconduct as a law enforcement officer, according to court documents filed by Goodwin. Stover was a Raleigh County sheriff's deputy for seven years before working at the mine.

The testimony also is expected to discuss alleged racially motivated misconduct and sexual harassment by Stover. FBI Special Agent James F. Lafferty II is expected to testify about sexually explicit images allegedly stored on Stover's office computer, according to the court documents.

The witness list document didn't elaborate on the reason for the expected wide-ranging testimony.

The list includes Gary May, the mine's former superintendent and the highest-ranking company official charged so far in the case.

Last week, May was charged with conspiracy to defraud the federal government, accused of disabling a methane monitor on a mining machine and falsifying safety records. Prosecutors said May also manipulated the mine's ventilation system during inspections to fool safety officials about air flow. He could get up to five years in prison if convicted.

Alpha Natural Resources of Abingdon, Va., acquired Richmond-based Massey last June through a $7.1 billion takeover deal.

[Associated Press; By JOHN RABY]

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