July 13 is when New York Supreme Court Judge A. Kirke Bartley, Jr. will sentence Harco Construction, owned by Kenneth Hart, for the death of Carlos Moncayo, a 23-year old worker who was crushed in an unprotected excavation pit at 9-19 Ninth Avenue in Manhattan on April 6, 2015.
Manhattan D.A. Cyrus Vance Jr. was joined by New York labor unions, academic organizations, local and national community organizations and even a coalition of 1,800 union construction managers, general and specialty trade contractors based in New York City, submitting a total of 23 letters recommending Harco be given the maximum sentence possible for charges related to Moncayo's death.
In addition to fines for each of Harco's felony and misdemeanor charges, Vance wants Harco to pay for a TV and print campaign to run this fall - in English and Spanish - to promote worker safety.
Judge Bartley found Harco guilty of manslaughter, criminally negligent homicide and reckless endangerment. According to reports, the excavation pit on the property was not properly shored up. Aurora Capital Associates and William Gottlieb Real Estate are redeveloping the commercial building into a Restoration Hardware.
Harco attorneys had argued that Harco should not be held responsible for the fatal accident since it had no employees on the site other than superintendent Alfonso Prestia, and Wilmer Cueva, foreman for excavation subcontractor Sky Materials. Prestia, Cueva, and Sky Materials Corporation are awaiting trial.