The San Francisco District Attorney’s Office announced Monday that John Finbarr Darcy, 64, John William Tobin, 39, and Filiberto Poblano Perez, 52, have been charged with involuntary manslaughter and safety violations related to an employee’s death. D’Arcy & Harty Construction Inc. was also charged.

On Sept. 28, 2023, the crew was working on a sewer-tunnel rehabilitation project under contract with the San Francisco Public Utilities Commission. Prosecutors say workers had excavated a trench on the 1100 block of Oak Street that was about 2½ feet wide, five feet long and eight feet deep. The trench collapsed as a vehicle drove past, burying Romero, who died of mechanical asphyxia, according to the district attorney’s office.

Perez was the crew foreman, Tobin the project manager and Darcy the company’s designated site safety representative. Prosecutors say an inspection found the excavation was not properly supported: its short sides were unsupported, while its longer sides had only partial support. The district attorney’s office also said the company had received a safety complaint about an inadequately supported trench at another worksite about three weeks before Romero’s death.

Perez and Darcy have been arraigned and pleaded not guilty. Both were released pending trial with a condition barring them from overseeing construction sites. The charged individuals were also ordered to surrender their passports and not communicate with witnesses or one another, according to the district attorney’s office. The timing of Tobin’s arraignment was not clear.

The case remains under investigation. Anyone with information can contact the district attorney’s office at 628-652-4000.