Decision near on criminal probe of Crandall Canyon mine disaster

A decision about whether to pursue criminal charges over the Crandall Canyon mine disaster that killed nine people could be coming within weeks, federal prosecutors told the Deseret News.

Investigators have been questioning witnesses as they decide whether or not to seek a grand jury indictment for alleged misrepresentations made to federal authorities.

"Oftentimes, what gets people in trouble is lying about what they knew and when they knew it," U.S. Attorney for Utah Brett Tolman said Tuesday.

The case was referred to federal prosecutors last year in the aftermath of the August 2007 collapse at the Crandall Canyon mine near Huntington. Kerry Allred, Luis Hernandez, Carlos Payan, Brandon Phillips, Don Erickson and Manuel Sanchez were trapped 1,500 feet underground in the Aug. 6 cave-in. Ten days later, Dale Black, Brandon Kimber and Gary Jensen died in a rescue attempt when another portion of the mine collapsed.

Tolman said their investigation was looking at lies to congress and federal regulators, but he was also focusing on an underlying pattern of problems at the Crandall Canyon mine.

"There's a difference between bad business and criminal behavior," Tolman said.

Tolman wouldn't say who specifically is being targeted in the criminal investigation, nor would he reveal who has been questioned. Tolman said prosecutors have received cooperation from all sides, including Murray Energy Corp., which owns the mine.

"I think everyone is interested in trying to find out what happened," Tolman said. "We hope that that continues."

The case was referred to the U.S. Attorney's Office for Utah last year by the federal Mine, Safety and Health Administration and members of congress. MSHA declined to comment on Wednesday. Representatives of Murray Energy Corp. also declined comment.

Tolman said the investigation was "well over the hump," but said no deadline has been set on when his office would decide if they would pursue charges. If Tolman decides that criminal charges are warranted, he said he would present the case directly to a federal grand jury to make the ultimate decision.

A pair of civil lawsuits filed on behalf of victims and surviving family members against Murray Energy Corp. are pending in state and federal courts in Salt Lake City.

E-MAIL: bwinslow@desnews.com