{"id":501509,"date":"2026-10-19T23:06:10","date_gmt":"2026-10-19T23:06:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-ca\/501509\/"},"modified":"2026-10-19T23:06:10","modified_gmt":"2026-10-19T23:06:10","slug":"san-francisco-prosecutors-charge-construction-employees-over-deadly-2023-trench-collapse","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-ca\/501509\/","title":{"rendered":"San Francisco Prosecutors Charge Construction Employees\u00a0 Over Deadly 2023 Trench Collapse"},"content":{"rendered":"<p>District Attorney Brooke Jenkins accused the defendants of failing to ensure the project was safe before a worker was buried alive.<\/p>\n<p>Oct 19, 2026<\/p>\n<p>Updated 3:33 pm PT<\/p>\n<p><img src=\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/10\/261007-SFDAConference-NG-9-1b7a5771.jpg\"   width=\"2000\" height=\"1333\" alt=\"\" loading=\"eager\" decoding=\"async\" fetchpriority=\"high\"\/><\/p>\n<p>San Francisco District Attorney Brooke Jenkins speaks at a press conference outside the Warfield in San Francisco on Oct. 7, 2026. San Francisco prosecutors charged a construction company and its employees in connection with the 2023 death of a worker.\u00a0(Nina Glick\/KQED)<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\"><a href=\"https:\/\/www.kqed.org\/news\/tag\/san-francisco-district-attorney\" rel=\"nofollow noopener\" target=\"_blank\">San Francisco prosecutors<\/a> announced on Monday that they have filed felony involuntary manslaughter charges against a construction company and three of its employees in connection with a trench collapse that killed a worker in 2023.\u00a0<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">The San Francisco Public Utilities Commission contracted with D\u2019Arcy &amp; Harty Construction, Inc, for a sewer tunnel rehabilitation project in the city\u2019s Lower Haight neighborhood in September 2023. Javier Romero of Alameda, 24, was working in a narrow trench near the corner of Oak and Divisadero Streets when a passing heavy vehicle caused it to collapse.\u00a0<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">Romero was buried alive and died of asphyxia.\u00a0<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">The defendants, John Finbarr Darcy, 62, of San Francisco; John William Tobin, 39, of San Francisco, and Filiberto Poblano Perez, 52, of Richmond,\u00a0were working as site safety representative, project manager, and foreman, respectively. Each was charged with four counts of violation of a safety standard resulting in death of an employee, in addition to involuntary manslaughter.<\/p>\n<p><img decoding=\"async\" src=\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2026\/10\/261019-Trench-Collapse-KQED-b4c12376.jpg\" alt=\"\" class=\"wp-image-12105153\"  \/>San Francisco firefighters responded to a trench collapse near Oak and Divisadero Streets in San Francisco on September 28, 2023. The victim, 24-year-old Javier Romero, died trapped below ground.\u00a0(Courtesy of the San Francisco Fire Department)<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">\u201cThis is a life that did not need to be lost,\u201d said San Francisco District Attorney Brooke Jenkins as she announced the charges on Monday. \u201cThis was an act that could have been prevented had those who have been charged, as well as this company, acted as they should have to protect this worker and to make sure that this project was safe. And we will hold them accountable.\u201d<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">Matt McCarthy, chief of the San Francisco District Attorney\u2019s White Collar Crime Division, said the company can be fined up to $1.5 million.\u00a0<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">\u201cThere\u2019s actually been an extension of that amount, but that extension came after this incident took place. So going forward, it\u2019d be in the several millions, but right now it\u2019s capped at $1.5 million,\u201d McCarthy said.\u00a0<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">Jenkins said that John William Tobin, the final defendant, has not surrendered yet to date, and that she is working with his attorney to have him do so.\u00a0<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">D\u2019Arcy &amp; Harty Construction did not respond to a request for comment.\u00a0<\/p>\n<p class=\"blocks-v1-Paragraph-__Paragraph__paragraph wp-block wp-block-paragraph container\">The next court date is the preliminary hearing set for Nov. 14.<\/p>\n","protected":false},"excerpt":{"rendered":"District Attorney Brooke Jenkins accused the defendants of failing to ensure the project was safe before a worker&hellip;\n","protected":false},"author":2,"featured_media":501510,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30],"tags":[101,103,102,104,106,105],"class_list":["post-501509","post","type-post","status-publish","format-standard","has-post-thumbnail","category-san-francisco","tag-san-francisco","tag-san-francisco-headlines","tag-san-francisco-news","tag-sf","tag-sf-headlines","tag-sf-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/501509","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=501509"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/501509\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/501510"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=501509"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=501509"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=501509"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}