Javier Romero was 25 years old and working eight feet underground in a Lower Haight trench on September 28, 2023, when a passing vehicle sent the walls caving in around him. The Alameda County construction worker was buried alive and died of mechanical asphyxia, according to prosecutors. More than three years later, San Francisco's District Attorney has filed involuntary manslaughter charges against three men tied to the company that employed him.
District Attorney Brooke Jenkins announced that John Finbarr Darcy, John William Tobin, and Filiberto Poblano Perez have been charged with involuntary manslaughter and workplace safety violations resulting in an employee's death, according to KRON4. Darcy, 62, served as the site safety representative designated by D'Arcy & Harty Construction; Tobin, 39, worked as project manager; and Perez, 52, was the crew foreman directly supervising Romero. All three worked for the same San Francisco firm that employed Romero, according to the DA's office.
Romero had been working in a trench measuring just 2.5 feet wide, 5 feet long, and 8 feet deep at Oak and Divisadero streets, part of the city's sewer tunnel rehabilitation project, when the collapse occurred. Prosecutors said the trench's two short sides — one facing Oak Street and the other an adjacent building — were left completely unsupported, while its two long sides were only partially shored, according to SFist. A vehicle was passing nearby when the trench collapsed.
A Two-Hour Race to Reach Him
San Francisco Fire Department crews spent more than two hours clearing soil, sand, and concrete in an effort to reach Romero, who remained trapped under the debris the entire time, according to KTVU. He was pronounced dead at the scene. The lengthy effort underscores the challenge of reaching a worker trapped under debris.
The project at Oak and Divisadero was part of a much larger undertaking. The San Francisco Public Utilities Commission had awarded D'Arcy & Harty Construction Inc. a contract worth $9,937,355 in December 2022 for the Panhandle and Inner Sunset Large Sewer Rehabilitation project, according to the San Francisco Public Utilities Commission, with the sewer main replacement work at that intersection falling under the deal.
Warning Signs Before the Collapse
Prosecutors allege the fatal collapse was not an isolated lapse. D'Arcy & Harty had been the subject of a safety complaint about an inadequately supported trench on another project less than three weeks before Romero's death, per Jenkins' office. That earlier warning came from a Cal/OSHA inspector who, at a separate excavation at 3475 22nd Street, formally flagged the company for lacking required shoring and exit ladders, according to the California Department of Industrial Relations. Cal/OSHA ultimately concluded the Oak Street excavation itself was improperly supported in violation of state safety regulations, per prosecutors.
In April 2024, Cal/OSHA issued eight safety citations and fined D'Arcy & Harty Construction $371,100 over Romero's death, including willful-serious violations for failing to install a protective cave-in system and provide an emergency exit ladder, as well as three serious accident-related violations involving daily inspections and the proper use of equipment and materials. Under Title 8 of the California Code of Regulations, any trench five feet deep or more must use a protective system such as shoring, sloping, benching, or trench shields, along with daily inspections by a designated competent person.
What's Next in the Criminal Case
San Francisco DA White Collar Crime Division Chief Matt McCarthy said D'Arcy & Harty Construction Inc. faces up to $1.5 million in criminal fines as a corporate entity, plus potential debarment from bidding on future municipal contracts, according to KQED.
Darcy and Perez pleaded not guilty to all charges following their arraignments and were released from custody. A judge ordered both men to surrender their passports, remain in California, avoid supervising employees, and refrain from contacting witnesses or each other. Tobin had not yet entered a plea, per the same court proceedings.
Romero's death shows that a trench eight feet deep can be deadly.
