Dairy Farmer Charged With Manslaughter

ASSOCIATED PRESS

10:26 a.m. September 10, 2004

MERCED – Jury selection began Friday in the case against a dairy farmer charged with the death of two of his employees, who were told to go into a manure pit where they were overcome by methane gas fumes and drowned.

Patrick Joseph Faria has been charged in Merced County Superior Court with two counts of involuntary manslaughter in connection to the deaths of Enrique Araiza and Jose Alatorre. The two workers were overcome by the deadly gases while trying to unclog a pipe in a manure pit at the Aguiar-Faria & Sons Dairy in Gustine.

Faria, the dairy's part owner and operations manager, was also charged with a labor code violation. The dairy's foreman, Alcino Sousa Nunes, was also indicted along with Faria by a Merced County grand jury in February 2003 on manslaughter charges.

Nunes pleaded no contest to the Occupational Safety and Health Administration code violation and got three years probation.

Alatorre, 22, descended into the 30-foot deep pit on Feb. 22, 2001, and was standing knee-deep in manure when he yelled to other workers saying the air wasn't good. He tried to climb out, but was overcome by the gas, fell into the liquid waste and drowned.

Araiza, 29, climbed in to help Alatorre, but was also knocked out by the fumes, and died.

Lead prosecutor Gale Filter is expected to make his opening statement early next week when the jury selection is over.

He said the deaths were preventable. The dairy could have had the shaft cleaned for $600 rather than risking the workers' lives in work they knew was dangerous.

Prosecutors have also said the dairy workers did not have proper training, or equipment that could have saved their lives, like ventilation fans and a harness.