THE PEOPLE &C., APPELLANT-RESPONDENT, v. DAVID ROTH, LANCE WILSON,
RESPONDENTS, JAMES DOMERMUTH ET AL., RESPONDENTS-APPELLANTS.
80 N.Y.2d 239, 604 N.E.2d 92, 590 N.Y.S.2d 30 (1992).
October 27, 1992
4 No. 170
Decided October 27, 1992
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Richard M. Greenberg, for Appellant-respondent.
Edward F. Gerber, for Respondent Roth.
Ronald H. Sinzheimer, for Respondents-appellants.
Submitted by Michael J. Vavonese, for Respondent Wilson.
WACHTLER, CH. J.:
This criminal prosecution stems from the death of an employee of the
corporate defendant, a company engaged in the business of transporting
petroleum products. The employee was killed when petroleum vapors
exploded while he was cleaning a tank trailer. The defendant
corporation and defendants Roth and Wilson, the district manager and
operations manager of the facility, were indicted for second degree
manslaughter, criminally negligent homicide, reckless endangerment,
endangering public health, safety or environment in the second degree
and a variety of other charges relating to their handling and
documentation of hazardous waste. In addition, these defendants and
defendant Domermuth, the corporation's president, were charged with
zoning violations.
With respect to the homicide charges, the theory of the prosecution is
that the defendants were responsible for a variety of unsafe
conditions and improper practices at the facility and that the
explosion and death were the foreseeable results of these conditions
and practices. County Court dismissed all counts of the indictment
except, as against the corporation, one count of hazardous waste
possession and the zoning violations. While it reinstated several of
the lesser charges against certain defendants, the Appellate Division
affirmed the dismissal of the homicide charges, the reckless
endangerment charge and the charge of endangering public health,
safety or environment. Both lower courts, relying on People v
Warner-Lambert Co. (51 NY2d 295, cert denied 450 US 1031), ruled that
as to these counts, the evidence before the grand jury was
SNIPPETS:
RESPONDENTS, JAMES DOMERMUTH ET AL., RESPONDENTS-APPELLANTS.
Edward F. Gerber, for Respondent Roth.
for Respondent Wilson.
This criminal prosecution stems from the death of an employee of the corporate defendant, a
The defendant corporation and defendants Roth and Wilson, the district manager and operations
In addition, these defendants and defendant Domermuth, the corporation's president, were
With respect to the homicide charges, the theory of the prosecution is that the defendants
County Court dismissed all counts of the indictment except, as against the corporation, one
While it reinstated several of the lesser charges against certain defendants, the Appellate
Both lower courts, relying on People v Warner-Lambert Co. (51 NY2d 295, cert denied 450 US
We agree that the other charges were properly dismissed, but for different reasons.
the evidence before the grand jury was sufficient to establish that the fatal explosion
Keeping in mind that the standard for criminal liability is higher than that required for
Pursuant to ECL 71-2720, the provisions of ECL 71-2713 and its companion statutes do not
Although there is evidence that defendants may have violated the terms of their transporter
No evidence was proffered that tank cleaning was other than a normal and lawful aspect of
This crime is committed when a person "recklessly engages in conduct which creates a
Accordingly, on the People's appeal, the order of the Appellate Division insofar as appealed
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