Judge Denies New Trial For Ex-mine Security Chief

JOHN RABY

CHARLESTON, W.Va. (AP) — A judge has denied a new trial for a former mine security chief convicted of lying to investigators about the Upper Big Branch explosion and said sentencing will be held Wednesday in federal court in Beckley.

Court documents show testimony at sentencing for Hughie Elbert Stover is expected to cover much more than his actions at the time of the April 2010 mine disaster that killed 29 men in southern West Virginia.

As a former Upper Big Branch security chief, Stover was convicted in October of lying to investigators and ordering a subordinate to destroy thousands of documents after the disaster. It was the worst U.S. coal mine disaster in four decades.

On Monday, U.S. District Judge Irene Berger denied a defense request for a new trial.

Court documents filed by U.S. Attorney Booth Goodwin said the government will call witnesses Jordan Cook and Army Capt. Garland Daniel, both former Upper Big Branch security officers; and UBB security officer Andrew Gillespie. The documents indicate those witnesses are expected to testify that Stover admitted to misconduct as a law enforcement officer. Stover was a Raleigh County sheriff's deputy for seven years before working at the mine.

Daniel also is expected to testify about alleged racially motivated misconduct by Stover, according to the documents. Gillespie also is expected to discuss alleged sexual harassment by Stover, and FBI Special Agent James F. Lafferty II is expected to testify about sexually explicit images allegedly stored on Stover's office computer.

Also on the witness list is Mine Safety and Health Administration coal administrator Kevin Stricklin and Gary May, the mine's former superintendent and the highest-ranking company official charged so far in the case.

Last week, May was charged with conspiracy to defraud the federal government, accused of disabling a methane monitor on a mining machine and falsifying safety records. Prosecutors said May also manipulated the mine's ventilation system during inspections to fool safety officials about air flow. He could get up to five years in prison if convicted.