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Mercado, a day laborer, died when a 12 feet deep unshored trench collapsed on him. The CEO, Richard Liu, left for China, leaving his assistant and Project Manager, Dan Luo, in charge of the project during his absence. On January 25, a city building inspector issued a stop work order after seeing the trench was not shored, and instructed Luo to consult with a soil engineer. The stop work order required that a soil engineer review the site and determine whether any action was needed, and to provide recommendations for shoring. The next day, a city inspector visited the site and said crews were on site, but not working. However, workers were back on the job the day of the incident. It took several days for rescuers to recover the body. Cal/OSHA found that the company did not have state permits for excavations 5 feet or deeper, or proper reinforcements in the trench that collapsed. The Contractors State License Board suspended the general building contractor license of US-Sino Investment, Inc. in February 2012 for failure to comply with state workers compensation insurance laws.
Deputy District Attorney Bud Porter
Trench Collapse
Santa Clara
California
January 28, 2012
Unavailable
| First | Last | Age | Title | Employer | Injury Type |
|---|---|---|---|---|---|
| Raul Zapata | Mercado | Unavailable | Day Laborer | U.S. Sino Investment | Fatality |
| Name | Type | Title | Plea Information | Conviction Sentence |
|---|---|---|---|---|
| Richard Xin Liu | Individual | CEO/Owner | Unavailable | Convicted at trial of involuntary manslaughter for acting with criminal negligence by proceeding with construction of a home despite the city's stop work order. Sentenced to serve 2 years in county jail. The judge rejected the defense's bid for community service and the prosecutor's request for the 4 year maximum sentence. Released from prison in May 2016. |
|
Penal Crimes Charged
Involuntary Manslaughter |
Other Crimes Charged
Unavailable |
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| Dan Luo | Individual | Project Manager | Unavailable | Convicted at trial of involuntary manslaughter for acting with criminal negligence by proceeding with construction of a home despite the city's stop work order. Also found guilty of three felony labor code violations. Sentenced to serve 2 years in county jail. The judge rejected the defense's bid for community service and the prosecutor's request for the 4 year maximum sentence. |
|
Penal Crimes Charged
Involuntary Manslaughter |
Other Crimes Charged
Labor Code violation causing death to an employee (3 counts) (Cal. Lab. Code Sec. 6425) |
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| U.S. Sino Investment Inc. | Entity | Entity | Unavailable | Unavailable |
|
Penal Crimes Charged
Unavailable |
Other Crimes Charged
Unavailable |
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