Prosecutors allege that D’Arcy & Harty Construction and the three men responsible for worksite safety recklessly failed to protect Romero. The company had a $12 million contract to replace and upgrade sewer mains as part of a larger San Francisco Public Utilities Commission project managed by the city’s Public Works Department.

The collapse happened around 10 a.m. on Sept. 28, 2023, near Oak and Divisadero streets. A heavy truck passed an excavation about 8 feet deep, according to an investigator’s account in court documents. The soil gave way and buried Romero, who was working in the trench.

“None of these men stopped Javier Romero from entering the trench that morning,” District Attorney’s Office investigator Graig Vreeland wrote in court documents.

The defendants are John D’Arcy, 62, identified as the site safety representative; William Tobin, 39, the project manager; and Filoberto Poblano, 52, the foreman. They were released pending trial. A representative for the company could not immediately be reached.

Firefighters arrived about 10:30 a.m. and found workers trying to dig Romero out. Witnesses told a fire captain that Romero had not been seen for about 20 minutes. Investigators believe he was buried for roughly 90 minutes beneath as much as 5,000 pounds of soil. The city medical examiner determined he died of asphyxiation before rescuers could reach him.

Fire Captain Brook Mancinelli told investigators that trench supports were “minimal to non-existent.” The excavation lacked both adequate support to prevent a cave-in and a ladder for workers to escape, according to Cal/OSHA findings. The agency proposed a $371,100 fine against the contractor and issued seven citations related to safety violations.

Court records also describe an anonymous report that Romero was working alone without required supervision. Site supervisors are required to inspect trenches each day for cave-in risks. The company had received a Cal/OSHA complaint about an inadequately supported excavation on a different project roughly three weeks before Romero’s death.

City construction inspector Azalea Dorner told investigators that when she arrived at the site later that day, laborers were still working in another similarly unsupported trench about 25 feet away. She said she ordered D’Arcy to get workers out. Dorner also said the contractor’s excavation did not match its city-submitted plan, which showed a larger trench. In her view, making room for a ladder would have taken more time and money.

The company had warned employees in a memo about the weight of soil: a cubic yard weighs about 3,000 pounds, the memo said, and the employer was responsible for providing safe access. Prosecutors allege the company knew the risks and acted recklessly. The charges remain allegations to be tested in court.