Texas Company Pleads Guilty in Construction Worker Death Case
UPDATE: A Texas construction firm, D Guerra Construction LLC, has just pleaded guilty to charges related to the tragic death of Juan José Galvan Batalla, a 24-year-old worker who died after a trench collapse in October 2021. This urgent development marks a significant moment in workplace safety accountability, with implications reaching beyond Travis County.
In a plea deal finalized on July 3, 2024, the Austin-based company admitted guilt in connection with the death of Galvan Batalla while he and another worker were installing a water line in Travis County. The trench, measuring 13 feet deep, had already experienced a partial collapse earlier that day. Despite this, employees were ordered to return to work, a decision that has raised serious safety concerns.
Galvan Batalla died from traumatic asphyxia a week after the incident, according to the Travis County Medical Examiner’s Office. His colleague sustained serious injuries in the same accident, highlighting the grave consequences of inadequate safety measures on construction sites.
In an interview with Texas Public Radio, Travis County District Attorney José P. Garza emphasized the urgency of ensuring safe working conditions. “We simply cannot tolerate employers who create such unsafe work conditions that people can become seriously injured or die,” he stated.
D Guerra Construction LLC was indicted last year alongside supervisor Carlos Alejandro Guerrero on charges of criminally negligent homicide. The company later pleaded guilty to a lesser charge of assault causing bodily injury, a misdemeanor. The case against Guerrero remains ongoing.
This case is unprecedented; it marks the first time since the early 1990s that a corporation has pleaded guilty over a worker’s death in Travis County. Garza referenced a disturbing report indicating that 250 workers died from trench collapses between 2013 and 2023, with only a handful of employers facing criminal charges.
The Occupational Safety and Health Administration (OSHA) found D Guerra Construction at fault for the incident, resulting in a significant fine of nearly $140,000. OSHA’s investigation revealed that the company failed to implement essential safety systems, such as trench boxes, and neglected to provide adequate training on trench safety.
In a hopeful note, Rosa Isela Batalla Morales, the victim’s mother, expressed satisfaction with the plea deal. “Although nothing will bring him back, I think this will help many people who work in construction,” she remarked. She urged construction companies to prioritize worker safety over contract fulfillment.
The plea deal includes a pre-sentencing agreement mandating D Guerra Construction to implement new safety protocols, including enhanced training for workers and supervisors, an anonymous reporting system for safety concerns, and hiring two full-time safety employees. An independent safety monitor will also review these new processes over the next year.
“This case should serve as a wake-up call for other employers in Travis County to protect their workers,” Garza asserted. Batalla Morales added, “All I asked for was justice. I think I’ve had justice.”
As the legal proceedings continue, the focus remains on improving safety standards in the construction industry, ensuring that no more families suffer the loss of a loved one due to preventable accidents. This tragic incident sheds light on the urgent need for enforcement of safety regulations and accountability for employers who fail to protect their workers.
Stay tuned for more updates as this important story develops.
