No Trial in Farm Worker's Death: Judge Rejects Manslaughter
Tom Teller
A Yolo judge rejects a manslaughter charge against a grower.
By Andy Furillo -- Bee Staff Writer
Published 2:15 a.m. PDT Wednesday, May 22, 2002
A Yolo County judge has refused to order a trial for a Woodland-area
grower accused of involuntary manslaughter in the death of a farm
worker.
Superior Court Judge W. Arvid Johnson ruled in grower Don Beeman's
favor after a preliminary hearing in which testimony was taken
April 12 and again Friday.
"It was just a tragic and bad accident," Beeman said Tuesday of
the death of farm worker Emilio Palomares, 25, on Nov. 6, 2000.
"That's what it was, an accident."
The prosecutor on the case said he is reviewing the matter and may
refile charges.
"I'm disappointed in the judge's ruling," said Deputy District
Attorney Kyle Hedum, who was prosecuting the case on a California
District Attorneys Association grant. "Under the law, I can charge
it twice, and I haven't precluded charging it again. I believe the
judge was faulty in his ruling."
Palomares was killed while using a pitchfork to unclog corn stalks
from the head of a harvester driven by Beeman. According to police
reports, Palomares got caught in the machine's gathering chain and
was pulled into the harvester. The stalk rolls severed his leg.
Palomares was flown to Sutter Roseville Medical Center, where he
was pronounced dead on arrival.
Prosecutors filed the involuntary manslaughter charge under the
theory that the danger to Palomares was foreseeable and that Beeman
was criminally negligent in failing to head it off.
Beeman also was charged with violating a state Occupational Safety
and Health rule that resulted in a worker's death. The rule requires
employers to disengage machinery during certain "cleaning, servicing
or adjusting operations" unless it can run while the task is
performed. The count was filed as a felony under a state law that
went into effect last year.
In his ruling, Johnson said there was no evidence that Beeman had
been criminally negligent. On the second count, Johnson, basing
his ruling on the testimony of a defense expert in the field of
"legislative intent," found that the Cal-OSHA rule did not apply
to Beeman's corn harvester.
"Obviously, we're very pleased," said Beeman's lawyer, Steve
Sabbadini. "We think the judge made the right call. We felt this
case all along was a tragic industrial accident and that it did
not belong in the criminal justice system."
Sabbadini described Beeman as "a hands-on farmer, as witnessed by
the fact that he was in the cab of the harvester on the day of the
accident. Lots of farmers don't do that. And he doesn't ask people
to do things he wouldn't do himself. We have witnesses that will
tell you that Don Beeman is down there doing the exact same thing
as his employees," although he wasn't helping Palomares unclog the
machine at the time of the fatality, Sabbadini added.
Palomares' family has since filed a civil suit in the case, and a
worker's compensation case also is pending. Cal-OSHA also fined
Beeman $63,110 in the matter, which the grower is appealing.
--------------------------- About the Writer ---------------------------
The Bee's Andy Furillo can be reached at (916) 321-1141 or
afur...@sacbee.com .
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Beeman can be reached at:
Don Beeman Farms 37190 County Road 24, Woodland,CA 95695 Phone:
(530) 668-9428