Prosecutors allege safety failures at a city sewer project led to the 2023 death of worker Javier Romero.
SAN FRANCISCO — A San Francisco construction company and three of its supervisors face criminal charges over a 2023 trench collapse that killed worker Javier Romero, with prosecutors alleging the defendants failed to follow excavation safety rules before the trench gave way.
The San Francisco District Attorney’s Office has charged D’Arcy & Harty Construction Inc., site safety representative John Finbarr Darcy, project manager John William Tobin and foreman Filiberto Poblano Perez with involuntary manslaughter and violations of workplace safety standards resulting in an employee’s death. The case brings criminal allegations more than three years after Romero died while working on a sewer project near Oak and Divisadero streets. The charges are allegations, and the defendants are presumed innocent unless proved guilty.
Romero was working inside a narrow excavation on Sept. 28, 2023, as part of a sewer rehabilitation project for the San Francisco Public Utilities Commission. Prosecutors say the trench measured about 2.5 feet wide, 5 feet long and 8 feet deep and lacked adequate protection against a cave-in. Investigators said a heavy vehicle passed the excavation shortly before part of the trench collapsed, trapping Romero beneath soil and debris. He died of asphyxia before rescuers could reach him.
Prosecutors allege the three supervisors had responsibilities tied to safety at the site. Darcy was the company’s designated site safety representative, Tobin was the project manager and Poblano Perez was the foreman who directly supervised Romero. District Attorney Brooke Jenkins said investigators concluded those responsible for the work knew about excavation safety requirements and failed to make sure the trench was properly protected before Romero entered it.
The criminal case follows a Cal/OSHA investigation that found multiple violations at the work site. The state workplace safety agency said the excavation did not have an adequate protective system and lacked a safe means of escape, such as a properly placed ladder. Cal/OSHA announced proposed penalties totaling $371,100 against D’Arcy & Harty Construction in 2024. The agency described some of the violations as willful-serious, a designation used when an employer is accused of knowingly violating a safety requirement or showing plain indifference to worker safety.
Investigators also focused on whether the company had prior warning about similar hazards. Cal/OSHA said D’Arcy & Harty had been warned about inadequate trench protection and a lack of safe access during an inspection at another work site less than three weeks before Romero died. Prosecutors are citing that earlier warning as part of their allegation that the risks at the Oak Street excavation were known rather than unforeseen.
Court records reviewed in reporting on the case describe additional concerns from the day of the collapse. A city construction inspector told investigators that the excavation differed from plans submitted for the project and said workers were later observed in another trench nearby that also appeared inadequately supported. The inspector said the fatal collapse could have been prevented. Prosecutors also allege required inspections intended to identify cave-in risks were not properly carried out before Romero entered the excavation.
The project was part of a larger sewer rehabilitation effort overseen by city agencies. D’Arcy & Harty was working under contract with the San Francisco Public Utilities Commission, while the Department of Public Works managed construction. The criminal charges therefore focus attention not only on the immediate conditions inside the trench but also on how safety responsibilities were handled during publicly funded infrastructure work.
Jenkins said the death was preventable and that workers responsible for managing a construction site have a duty to follow safety requirements designed to protect employees. Prosecutors said each of the individual defendants faces an involuntary manslaughter count along with four alleged violations of safety standards resulting in an employee’s death. The company itself also faces criminal charges. A prosecutor said the company could face a fine of as much as $1.5 million if convicted, along with possible consequences affecting future government contracting.
Darcy, Poblano Perez and D’Arcy & Harty Construction have been arraigned and pleaded not guilty. They were released under court-imposed conditions, including restrictions on supervising employees or overseeing construction-site safety. As of the district attorney’s Oct. 19 announcement, prosecutors said Tobin had not yet surrendered and that they were coordinating with his attorney. The next court proceeding was set for Nov. 14.
Author note: Last updated October 20, 2026.