Two men were sentenced to prison terms Monday for their roles in the death of a roofer at a home in San Francisco’s Twin Peaks neighborhood in 2008, District Attorney George Gascon said.

Antonio Martinez, 39, fell to his death from the roof of a four-story apartment building at 646 Corbett Ave. on Jan. 16, 2008.

Sam Hyung Goo Shim, 68, the owner of the company that employed Martinez, was sentenced Monday to a year in county jail. Jwa Young Kim, 56, the foreman at the site, was given 364 days in jail.

Shim’s company, California C&R Inc., was also convicted for Martinez’s death.

At a news conference held at the San Francisco Hall of Justice after the sentencing, Gascon said the defendants’ “blatant disregard for the immigrant worker’s safety resulted in the untimely death.”

According to evidence presented to a grand jury, there were no safety measures in place at the construction site, where Martinez fell 38 feet from the roof to the sidewalk below.

Shim, Kim and the company agreed to a plea deal with the district attorney’s office.

Shim pleaded guilty to four felony counts: involuntary manslaughter, willful violation of worker safety codes causing death, workers’ compensation premium fraud, and tax evasion.

The latter two charges were for failing to report Martinez’s wages in payroll filings submitted to his
insurance carrier and the state’s Employment Development Department.


To underscore the severity of the now-admitted wrongdoing in the Gulf disaster, the Justice Department also charged two BP well-site managers with involuntary manslaughter and a more senior executive with obstruction and false statements. The human defendants could each face as long as 10 years in prison.

Jefferson Davis and Joseph Miniard are planning to plead guilty and could possibly be sent to prison when they are sentenced March 6 in U.S. District Court in London.

The men were supervisors at Manalapan Mining’s P-1 Mine in Harlan County during a June 2011 underground collapse that killed miner David Partin.

Miniard, the mine’s superintendent, will plead guilty to a charge that he signed a pre-shift report that failed to include an existing hazardous condition in the mine. The mining equipment did not have canopies to protect equipment operators, court records said.

The charge carries a maximum of five years in prison and up to three years of supervised released.

Partin, 49, died when a large section of rock from the mine’s wall fell on him, knocking him into a dolly, according to a report from the U.S. Mine Safety and Health Administration. Investigators say the mine’s continuous haulage system backed up, causing the dolly to move, which dragged Partin from beneath the rock.

Miniard’s attorney, Patrick Nash of Lexington, said Friday that he would request that his client be granted probation instead of a prison sentence.

“Typically with a plea like this, you wouldn’t expect to receive the absolute maximum” sentence, Nash said. Nash declined to say whether Miniard still worked for Manalapan Mining.

Miniard and Davis, the operations manager, will also plead guilty to a charge that they knowingly violated a safety rule, according to the proposed plea agreements. That count carries a maximum sentence of one year.

The agreement also says Manalapan could be fined up to $250,000.

The men along with the mine’s second-shift foreman, Bryant Massingale, were indicted on several charges in February. Massingale pleaded guilty in August to making a false certification and knowingly violating a safety standard. He is scheduled to be sentenced on Jan. 10.

The indictment said records of pre-shift inspections kept by the supervisors dating from June 13 to June 28 were falsified. Partin died on June 29.

Top New York City officials recently made 30 arrests after discovering a fraudulent scaffold certification ring. A construction company owner has been charged with possessing 32 fake scaffold certification cards he had made, according to the U.S. Occupational Safety and Health Administration. These cards are required to work on scaffolding in NYC.

Rose Gill Hearn, commissioner of the New York City Department of Investigation, and Buildings DOB Commissioner Robert LiMandri conducted a two-week sweep where more than 70 cards were confiscated by police, OSHA said.

According to OSHA, one person who was arrested was charged with possessing 32 fake scaffold certification cards that he made by altering real safety cards. Since the sweep, partial and full stop work orders have been issued at 14 construction sites for a variety of violations including unapproved installation of supported scaffolding.

“In this day and age, there is no excuse for having untrained scaffold erectors on the job,” said Marty Coughlin, president of the Scaffold & Access Industry Association (SAIA) and president of Dependable Scaffolding, LLC . “Training is provided at low cost and sometimes is free from scaffold suppliers, trade unions, trade associations, union apprentice programs, SAIA accredited training institutes and more.”

The department launched the operation after DOB reported in September that its inspectors had found fraudulent scaffold certification cards at work sites across Manhattan. The sweep began with DOI investigators and DOB inspectors visiting 16 work sites in Manhattan, the Bronx, Brooklyn, and Queens beginning in mid-October

“This was clearly a willful act that not only put the employees at risk, but everyone on the jobsite who will be working on the scaffolding and relying on the scaffolding to be erected safely and within code,” Coughlin said.