Join us.

We’re working to create a just society and preserve a healthy environment for future generations. Donate today to help.

Donate

Return to Incidents Database Search Page

Bednar Landscape Services Inc.

Description

Two workers, Oscar Portillo and Selvin Zelaya, were killed while digging a trench around the foundation of a home on Rockaway Valley Road in Boonton Township. The workers were installing a French drain system. One side of the trench was supported by the house foundation but the other side was not properly shored up. The trench was between 9 feet and 13 feet deep. Mud was filling in the trench because of its depth and documents showed that President Keith Bednar had rented a muck pump and discharge house from a supply house, meaning he was aware of the depth of the trench and the unstable conditions. Corporate Secretary Christopher Liberatore was on-site a few hours before the collapse and also knew of the trench conditions. The homeowner called authories and reported two workers were trapped in the trench and rescue workers and police were dispatched to the house. Oscar Portillo was at the bottom of the trench with a muck pump when it collapsed. A site foreman and Selvin Zelaya attempted to dig Portillo out. The trench collapsed again and buried Zelaya. The foreman was able to get out and climb to safety. Bednar Landscape Services paid for the funerals of both workers.

Prosecutors

Chief Assistant Prosecutor Matthew Troiano

Incident Type

Trench Collapse

County

Morris

State

New Jersey

Date

October 1, 2014

Available case materials include

  • Media Clips & Gov't. Press

OSHA Inspection

Contact for Additional Information

Unavailable

Victims

First Last Age Title Employer Injury Type
Oscar Portillo 46 Info unavailable Bednar Landscape Services Inc. Fatality
Selvin Zelaya 39 Info unavailable Bednar Landscape Services Inc. Fatality

Defendants

Name Type Title Plea Information Conviction Sentence
Keith Bednar Individual President Not available Bednar was diverted to pre-trial intervention. Under PTI, criminal charges are dismissed if defendants successfully serve a period of probation and meet other court-imposed conditions.
Penal Crimes Charged

Causing or Risking Widespread Injury or Damage (Fourth Degree) ((N.J.S.A. 2C:17-2(d)(1)).

Other Crimes Charged

Unavailable

Christopher C. Liberatore Individual Corporate Secretary Not available Liberatore was diverted to pre-trial intervention. Under PTI, criminal charges are dismissed if defendants successfully serve a period of probation and meet other court-imposed conditions.
Penal Crimes Charged

Causing or Risking Widespread Injury or Damage (Fourth Degree) ((N.J.S.A. 2C:17-2(d)(1)).

Other Crimes Charged

Unavailable

Bednar Landscape Services Inc. Entity Entity Pleaded guilty to one count of fourth-degree causing or risking widespread injury or damage. Chief Assistant Prosecutor Matthew Troiano told Judge Stephen Taylor that the state recommended punishment of a $50,000 fine against the company to be dispersed to Portillo and Zelaya's children. At sentencing, the company was placed on probation, which will serve as oversight of the payments to the children.
Penal Crimes Charged

Causing or Risking Widespread Injury or Damage (Fourth Degree) ((N.J.S.A. 2C:17-2(d)(1)).

Other Crimes Charged

Unavailable