News and Press Releases

Mining Foreman Pleads Guilty To Violating Safety Standards

March 4, 2010

PITTSBURGH, Pa. - Acting United States Attorney Robert S. Cessar announced today, March 4, 2010, that John Capo, a resident of Washington, Pennsylvania, pleaded guilty in federal court to a charge of violating federal mine safety standards.

Capo, age 58, pleaded guilty to one count before United States District Judge David S. Cercone.

In connection with the guilty plea, Assistant United States Attorney Scott W. Brady advised the court that on or about November 13, 2006, near Bobtown, Greene County, Pennsylvania, within the Western District of Pennsylvania, defendant John Capo, in his capacity as Section Foreman, knowingly violated a mandatory safety standard by failing to conduct a pre‑shift safety examination at Dana Mining Company of PA, Inc.'s 4 West Mine, as required by 30 C.F.R. Section 75.360(a)(1).

Judge Cercone scheduled sentencing for July 5, 2010.  The law provides for a total sentence of up to one (1) year in prison, a fine of $100,000, or both.  Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

The Mine Safety and Health Administration conducted the investigation that led to the successful prosecution of John Capo.

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