A New York jury has found construction foreman Wilmer Cueva guilty of criminally negligent homicide and reckless endangerment in the April 2015 death of construction worker Carlos Moncayo, according to Bloomberg BNA (see: "NYC Construction Foreman Convicted in Worker Death," by John Herzfeld). "Cueva was the second defendant to be convicted on criminal charges in a case alleging that they had failed to address unsafe working conditions that led to the fatal collapse," Bloomberg reported. "In June, Harco Construction LLC was convicted of manslaughter, criminal negligent homicide and reckless endangerment. That verdict’s been appealed. Prosecutors called it a rare and important instance of a company’s being held criminally responsible for a worker death at its site."
Newsday has the story here (see: "LI firm’s foreman guilty of lesser charge in cave-in death," by John Riley. "Prosecutors said Cueva was repeatedly warned about the hazards of an unshored trench, and testimony indicated he told laborers to work fast because of the cave-in risk," the paper reported. "The defense argued Cueva himself was an untrained worker with limited English and didn’t understand the risks. The manslaughter charge that jurors rejected required proof that Cueva was aware of a serious risk and consciously disregarded it. Criminally negligent homicide, a lower-level felony, requires only proof that he should have appreciated the risk of death and did not. Cueva was also convicted on four counts of recklessly endangering the workers, a misdemeanor."