Updated 07/13/2009 06:35 PM
Search warrant executed in construction site deaths
A search warrant was executed in the case of a construction accident that killed three workers in the West Campus area of UT June 10.
Four construction workers were on a scaffold that fell several stories at a parking garage construction site at Rio Grande and 22nd Streets.
A Travis County doctor said all three deaths resulted directly from the fall. Only one of the four construction workers survived.
According to Travis County court documents, the search warrant was issued July 8 and executed July 9.
The affidavit states that affiant Jeff Greenwalt, a detective with the Austin Police Department, believes that an unknown employee of American Mast Climbers, committed "criminally negligent homicide, a state jail felony, by negligently constructing a mast climbing unit in a manner" that "created a substantial and unjustifiable risk of death."
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The affidavit also suggests evidence of the offense remained "concealed and kept" on the premises. Such evidence includes a metal mast tower, eight platform sections and pertaining nuts and bolts. The affiant, Greenwalt, sites assistance from an Occupational Safety and Health Administration officer in reaching such a conclusion.
"The mast tower and how it is assembled show the manner in which AMC was negligent in assembling the unit," the affidavit says. "OSHA safety compliance officer Michael Jarvis also explained that the remaining eight platform sections currently being stored in the parking garage at 2101 Rio Grande will help to reconstruct and ultimately show the cause of the failure."
Items seized during the search include mast tower sections, a 3D survey of the mast tower, and bolts and nuts from scaffolding inside the parking garage. Andres Construction is included in the search warrant because it is the site at which the accident occurred.
The victims of the accident include Wilson Joel Irias Cerritos, 30, of Honduras, Raudel Ramirez Camacho, 27, of Mexico, and Jesus Angel Lopez Perez, 28, of Honduras.
• People in charge of construction site at 2101 Rio Grande St. include Andres Construction, the general contractor for the site, and American Mast Climbers, which owns the platforms and scaffolds.
• American Mast Climbers is accused of criminally negligent homicide for constructing a mast climbing unit “in a manner in which created a substantial and unjustifiable risk of death.”
• Andres Construction subcontracted out to Greater Metropolitan Interiors for frame and stucco work.
• Greater Metropolitan Interiors used American Mast Climbers to rent work platform/scaffolding equipment. AMC is paid by GMI to install, assemble, maintain, service, and eventually disassemble work platforms they own on this worksite. AMC owns the platforms and scaffolds—they rent it out but still maintain ownership of the equipment that fell on June 10.
• Affiant Jeff Greenwalt, a detective with the Austin Police Department homicide unit, was assigned to investigate the construction incident on June 10.
• OSHA safety compliance officer Michael Jarvis issued information to Greenwalt in regards to proper maintenance and function so that APD could investigate and determine the cause of failure.
• Jarvis explained: the actual mast tower that the work platform ascends and descends upon will be material to the investigation to show the functional relationship between the elevator unit and the tower. As the elevator ascends and descends upon the tower, it is designed to roll flush against the tower without any sorts of bumps or vibrations, or inconsistencies with the flushness of the tower.
• Jarvis said these types of irregularities in the tower cause the unit to apply more weight to the bolts anchoring the platform sections to the main unit.
• Jarvis also explained that the remaining 8 platform sections currently being sorted in the parking garage at 2101 Rio Grande will help reconstruct and ultimately show the cause of the failure.
• The platform sections are constructed of metal with plywood tops and are connected together with bolts. The manner in which these bolts are connecting the sections, the grade/rating of bolts, and any potential defects, bends and/or breaks of this equipment, show the manner in which the unit was constructed as well as how it failed.
• The remaining 8 platform sections and associated nuts and bolts constitute evidence of the offense of criminally negligent homicide by showing that American Mast Climbers and/or its employees negligently erected the unit and used parts and materials which are substandard and/or graded below the weight limit needed to support this type of work loading.
• An additional mast climber unit and accompanying mast tower on the southwest corner of the building, facing west. Although it did not fall, it was also assembled by AMC and uses the same parts and equipment as the unit that did fall.
• This tower operates in the same manner as the first unit which is designed to roll flush without bumps and vibrations, etc.
• OSHA safety compliance officer Michael Jarvis said that this tower was also assembled in a negligent manner similar to the first tower. Specific irregularities were encountered at connecting points which prevents the unit from rolling flush against the tower.