Contractor Pleads Guilty In Deadly Mamaroneck Trench Collapse

MAMARONECK, NY — A contractor has taken criminal responsibility for a worker's death in a tragic accident at a Westchester construction site.

Westchester County District Attorney Susan Cacace announced that a Bethel, Connecticut, contractor pleaded guilty on Friday to reckless endangerment in connection with the 2021 death of a laborer.

Jose Vega, a 46-year-old worker at a residential construction site in the Village of Mamaroneck, was killed after an unprotected, nine-foot trench he was inside of collapsed.

Investigators say that at 12:40 p.m. on May 4, 2021, Michael Conway directed two workers to dig a trench without proper shoring or cave-in protections in place at the construction site on Shore Acres Drive. The site supervisor knew the excavation was in violation of OSHA regulations, which require a trench deeper than five feet to have protections that prevent the walls from caving in.

The nine-foot, unprotected trench collapsed, completely burying Vega under dirt. He was pronounced dead at the scene.

"Were it not for the complete disregard for federal safety standards, Mr. Vega might still be alive today," Cacace said. "Instead, he was buried alive, in part due to Mr. Conway’s recklessness. This case, the first of its kind in Westchester County, should send a message to everyone in the construction industry: Safety standards are there for a reason, and we will not hesitate to pursue cases where they are violated."

Conway, 60, pleaded guilty Friday morning before Judge Maurice Dean Williams to one count of misdemeanor second-degree reckless endangerment.

The investigation was conducted by the Village of Mamaroneck Police Department with assistance from OSHA's Tarrytown Area Office, the Westchester County District Attorney's Criminal Investigator Squad, and the Westchester County Department of Public Safety.

The district attorney commended the New Rochelle Fire Department, the Village of Port Chester Department of Public Works, the Village of Mamaroneck Fire Department, and the Town of Mamaroneck Ambulance District.

The case is being prosecuted by Bureau Chief Gwen Galef and Senior Assistant District Attorney Emily Rowe-Smith, both of the Economic Crimes Bureau of the Investigations Division.

Unsafe working conditions or concerns about workplace safety can be reported to OSHA at 800-321-6742 (OSHA) or the DA’s Office at (914) 995-TIPS (8477). Language assistance is available.

SEE ALSO:

• Worker Killed In Trench Cave-In At Mamaroneck Construction Site
• Mamaroneck Trench Collapse Death Leads To Contractor's Indictment