People v. Luo

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Liu was a Fremont licensed general contractor. Defendant, Liu's assistant, was not a contractor. The final plans for Liu's client's hillside home required excavation. Liu hired a licensed contractor, who cut into the hill, creating a 12-foot-high dirt wall with an overhanging soil ledge, with no sloping or benching, or support. Defendant oversaw construction. By December 2011, the foundation was not complete. The contractor walked off the job, which was behind schedule. Defendant hired a carpenter, rather than a licensed contractor, who understood that he was being hired as an employee of Liu’s company, and others, including Zapata. In January 2012, a city inspector handed defendant a “Stop Work Notice” based on “Excavation without required shoring and/or excavation.” Defendant did not tell the workers. Defendant consulted an engineer but never sought city approval to continue construction. He instructed the workers to work in the excavation area. The excavation wall collapsed on Zapata, killing him. Defendant was convicted of involuntary manslaughter (Pen. Code, 192(b)), and willfully violating safety orders (Lab. Code 6425(a)). The court of appeal affirmed defendant’s conviction, rejecting claims of insufficient evidence; that the court committed instructional error and improperly limited cross-examination; that he was not given adequate notice of the charges; that the prosecution failed to elect a particular criminal act; and that the statute prohibiting the willful violation of occupational safety orders was unconstitutionally vague. View "People v. Luo" on Justia Law