Boston Herald

TRENCH DEATH CASE PROCEEDS

Contractor will face manslaught­er charges

- By LAUREL J. SWEET — laurel.sweet@bostonhera­ld.com

Manslaught­er charges will stand against the owner of a drain pipe company that lost two workers in a horrific South End trench collapse, a judge has ruled.

Suffolk Superior Court Judge Christine M. Roach has denied Kevin Otto’s motion to dismiss the two indictment­s charging both him and his business, Atlantic Drain Service, in connection with the Oct. 21, 2016, drownings of father of six Kelvin “Chuck” Mattocks, 53, and Robert Higgins, 47.

Otto’s attorney Veronica White argued in her motion the evidence the Suffolk District Attorney’s Office presented to a grand jury over 14 days — including testimony from 13 witnesses and nearly 100 exhibits — “was not sufficient to establish probable cause that the defendant (Otto) participat­ed in the alleged criminal activity.”

Roach disagreed, stating in her decision, “The grand jurors reasonably could have inferred facts supporting all the elements of manslaught­er.”

White did not immediatel­y respond yesterday to a request for comment.

Otto and Atlantic Drain — charged separately as a corporate entity — are scheduled to go on trial Jan. 8, 2019. Otto faces up to 20 years’ imprisonme­nt on each manslaught­er charge if convicted. His company, if found guilty, could face a fine.

Mattocks and Higgins were killed when undergroun­d materials supporting a hydrant in an allegedly unshored hole they were digging below Dartmouth Street gave way and the hydrant burst, flooding the trench. Prosecutor­s claim Otto was pushing the men to work faster because the project was behind schedule. They say the collapse buried the men up to their waists in dirt, rocks and concrete as the water rushed in around them.

Roach also denied a motion by Atlantic Drain’s attorney to dismiss charges of witness intimidati­on and evidence-tampering for the alleged forging and falsifying of documents sought by investigat­ors.

“The grand jury could reasonably have inferred Atlantic Drain intentiona­lly failed to provide the documents at issue to prevent the grand jury from using those documents while investigat­ing the deaths of Mr. Mattocks and Mr. Higgins,” Roach wrote in her order. “Whether the Commonweal­th can prove this crime beyond a reasonable doubt to a trial jury is a question for another day.”

 ?? STAFF FILE PHOTOS BY MARK GARFINKEL ?? FATAL: Hub firefighte­rs and constructi­on worker Steven Smith try in vain to rescue two workers who drowned in 2016 when a trench flooded in the South End.
STAFF FILE PHOTOS BY MARK GARFINKEL FATAL: Hub firefighte­rs and constructi­on worker Steven Smith try in vain to rescue two workers who drowned in 2016 when a trench flooded in the South End.
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