Foreman convicted in death of construction worker at Restoration Hardware site

His guilty verdict follows Harco's manslaughter conviction

New York /
Nov.November 04, 2016 03:11 PM

A New York State Supreme Court jury found a construction site foreman guilty Friday in the death of a 22-year-old worker who was crushed when a trench collapsed at the Restoration Hardware site last year.

Wilmer Cueva, 51, was convicted of criminally negligent homicide and reckless endangerment for allegedly ignoring warnings about safety issues at the Meatpacking District excavation site, officials announced. Prosecutors said this led to the death of Carlos Moncayo, who was killed when a trench at the site collapsed in April 2015. At the time, Cueva worked for Sky Materials, the subcontractor hired to manage construction at 9-19 Ninth Avenue.

Cueva’s conviction follows that of Harco Construction, the project’s contractor. Harco was convicted in June of manslaughter, as well as the same charges against Cueva, representing the first time — in recent memory — that a construction company has been found guilty of manslaughter. Cases are still pending against Sky and Harco Supervisor Alfonso Prestia.

“Wilmer Cueva ignored repeated warnings about the treacherous state of the excavations he was directing — resulting in the preventable and foreseeable death of Carlos Moncayo, a 22-year-old worker,” Manhattan District Attorney Cyrus Vance Jr. said in a statement. “Today’s verdict again places companies and managers on notice: those who knowingly permit unsafe construction practices will face criminal charges is a worker is injured or dies as a result.”

Cueva is expected to be sentenced Dec. 15. — Kathryn Brenzel


Related Articles

arrow_forward_ios
MCM President Jorge Munilla and a photo of the bridge collapse (Linkedin, Getty)

Contractor involved in deadly Miami bridge collapse alleges design firm botched review

Contractor involved in deadly Miami bridge collapse alleges design firm botched review
A construction worker at One Vanderbilt in August (Getty)

City reports decline in construction-related injuries, deaths

City reports decline in construction-related injuries, deaths
729 Seventh Avenue and Erica Tishman (Google Maps, Getty)

Husband of falling-facade victim files wrongful-death suit

Husband of falling-facade victim files wrongful-death suit
Golden Shopping Mall at 41-28 Main Street in Flushing (Credit: Google Maps)

Woman killed by panel that fell from Queens strip mall: officials

Woman killed by panel that fell from Queens strip mall: officials
Melania La Rocca

Buildings commissioner talks priorities in final de Blasio years

Buildings commissioner talks priorities in final de Blasio years
311 East 50th Street (Credit: Google Maps)

City moves to revoke license of contractor it blames for construction worker’s death

City moves to revoke license of contractor it blames for construction worker’s death
880 St. Nicholas Avenue (Credit: Google Maps)

Pair of NYC construction honchos to lose licenses over worker death

Pair of NYC construction honchos to lose licenses over worker death
335 Madison Avenue (Credit: Google Maps)

Scaffold at Milstein tower didn’t have guardrails when worker fell to his death: Department of Buildings

Scaffold at Milstein tower didn’t have guardrails when worker fell to his death: Department of Buildings
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...