Construction Firm and Managers Charged with Involuntary Manslaughter After 2023 Trench Fatality

Prosecutors announced felony involuntary manslaughter charges against D’Arcy & Harty Construction, Inc. and three employees—site safety representative John Finbarr Darcy, project manager John William Tobin, and foreman Filiberto Poblano Perez—for a 2023 trench collapse that killed 24-year-old worker Javier Romero. The incident occurred on a sewer tunnel rehabilitation site in San Francisco’s Lower Haight neighborhood, where a passing heavy vehicle caused a 2.5-foot-wide, 5-foot-long, 8-foot-deep excavation to cave in.

CAL/OSHA later cited the company for failing to properly support the trench, resulting in a $371,100 fine in 2024. District Attorney Brooke Jenkins said the deaths were preventable and that the defendants were trained and aware of safety rules. The company could be fined up to $1.5 million and may lose eligibility for future public contracts. All three men have pleaded not guilty, been released on conditions, and a preliminary hearing is set for Nov. 14.