BREAKING: A Texas construction company has just pleaded guilty in a significant case tied to a tragic trench death. D Guerra Construction LLC, based in Austin, entered a plea deal with prosecutors regarding the death of Juan José Galván Batalla, a 24-year-old worker who died after a trench collapse in October 2021 while working in Travis County.
The plea comes after a lengthy investigation into the incident, which claimed Galván Batalla’s life due to traumatic asphyxia after a 13-foot trench caved in. Shockingly, the trench had previously faced a partial collapse earlier that same day, but workers were still instructed to return to the site. The other worker involved sustained serious injuries.
Authorities confirm this is the first instance since the early ’90s that a corporation has pleaded guilty for a worker’s death in Travis County. District Attorney José P. Garza emphasized the urgency of addressing unsafe working conditions, stating, “We simply cannot tolerate employers who create such unsafe work conditions that people can become seriously injured or die.”
The company was indicted last year on criminally negligent homicide charges. However, in July, they pleaded guilty to a lesser charge: misdemeanor assault causing bodily injury. The case against supervisor Carlos Alejandro Guerrero remains ongoing.
This tragic incident sheds light on a broader issue, as an investigation found that from 2013 to 2023, over 250 people have died due to trench collapses nationwide, with only 11 employers facing criminal charges for these fatalities. Experts maintain that these deaths are largely preventable, highlighting a troubling trend in employer accountability.
The Occupational Safety and Health Administration (OSHA) determined that D Guerra Construction was at fault for Galván Batalla’s death, imposing a hefty fine of nearly $140,000 and referring the case for criminal prosecution. OSHA’s findings revealed the company failed to implement essential safety measures like trench boxes and did not adequately train workers on the dangers of trench work.
Galván Batalla’s mother, Rosa Isela Batalla Morales, expressed her satisfaction with the plea deal. “Although nothing will bring him back, I think this will help many people who work in construction,” she stated. She advocates for greater safety measures in the industry, emphasizing that workers should not be forced into dangerous situations for the sake of fulfilling contracts.
The plea deal includes a pre-sentencing agreement that requires D Guerra Construction to initiate new safety training protocols, hire additional safety personnel, and establish an anonymous reporting system for workers’ safety concerns. Garza noted, “What is really important to us is that we had processes in place to try to change the culture of this workplace,” underscoring the need for specific training to prevent future trench collapses.
As this case unfolds, it serves as a critical reminder for employers in Travis County and beyond to prioritize worker safety. “I think I’ve had justice,” Batalla Morales commented. “It did comfort me a little that the company said ‘yes, I’m guilty’ because they were guilty—for me—and now they’re guilty before the law.”
This developing story highlights the urgent need for reforms in construction safety practices to protect workers from avoidable tragedies. Stay tuned for updates as the case against Guerrero continues.
