San Francisco, CA – District Attorney Brooke Jenkins announced today that John Finbarr Darcy (62) of San Francisco; John William Tobin (39) of San Francisco; and Filiberto Poblano Perez (52) of Richmond were charged with involuntary manslaughter and violations of safety standards resulting in death of an employee in connection with a trench collapse that killed a laborer. The construction company for which they worked, D’Arcy & Harty Construction, Inc., was also charged in connection with the death.

The three individual defendants and the company were each charged with one count of involuntary manslaughter (Penal Code 192(b)) and four counts of violation of a safety standard resulting in death of an employee (Labor Code 6425(a)).

John Finbarr Darcy, Filiberto Poblano Perez, and D’Arcy & Harty Construction, Inc. have been arraigned and each pleaded not guilty to all charges. The Court released the individual defendants on the conditions that each surrender their passport, not leave California without permission from the Court, and not supervise employees or act in any capacity governing safety on a construction jobsite. The defendants were also ordered not to communicate with witnesses or each other.

According to court documents, on the morning of September 28, 2023, the victim was working in a 2 ½-foot wide, 5-foot long, and 8-foot-deep trench near the corner of Oak Street and Divisadero Street. The trench was not properly supported, and when a vehicle drove by, it collapsed. The victim, who was buried in the resulting cave-in, died of mechanical asphyxia. At the time of his death, the victim was employed by D’Arcy & Harty Construction, Inc. on a sewer tunnel rehabilitation project for the San Francisco Public Utilities Commission. Defendant John Finbarr Darcy was the Site Safety Representative designated by the company. Defendant John William Tobin was the Project Manager. Defendant Filiberto Poblano Perez was the Crew Foreman directly supervising the victim. The Cal/OSHA inspector who reviewed the fatality concluded that the 8-foot-deepexcavation in which the victim died was not properly supported, in violation of the safety regulations governing excavations found in Title 8 of the California Code of Regulations. The short sides of the trench facing Oak Street on one side and facing a building on the other side were completely unsupported. The long sides of the excavation running perpendicular to Oak Street were only partially supported. D’Arcy & Harty, Inc. had been the subject of a safety complaint about an inadequately supported trench on another project less than three weeks before the excavation collapse that killed the victim.

Although charges have been filed, this remains an active investigation. Anyone with information is asked to call (628) 652-4000.

Court Numbers:

Darcy, 26024803

Perez, 26024208

Darcy & Harty Construction, Inc., 26500518

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