State v. Far West Water & Sewer Inc.
Court of Appeals of Arizona
228 P.3d 909 (2010)
Two employees of Far West Water & Sewer, Inc. (defendant) died from hydrogen sulfide gas after entering an underground sewage tank without proper safety equipment, and a third employee was seriously injured trying to rescue them. The State (plaintiff) charged both the corporation and its president and chief operating officer, Brent Weidman (defendant), with manslaughter and related offenses, presenting evidence that Weidman and the sewage-division supervisor, Rex Noll, were experienced industry professionals familiar with OSHA safety regulations who nonetheless allowed employees to enter the tank unequipped. The jury convicted Far West of negligent homicide, aggravated assault, endangerment, and safety-violation counts, and the corporation appealed, arguing Weidman and Noll were not high-managerial agents and lacked the required mental state.
Whether the criminal conduct of high-ranking corporate employees, acting within the scope of their authority, can form the basis for prosecuting the corporation itself for manslaughter.