San Francisco Files Charges in Fatal Trench Collapse
The District Attorney charged three men and a construction firm after a worker died in a 2023 site cave-in.
Updated on Oct. 19, 2026 in Accidents
The San Francisco District Attorney's Office has filed involuntary manslaughter charges against three men and D'Arcy & Harty Construction, Inc. following a fatal trench collapse. The incident resulted in the death of 25-year-old Javier Romero, who succumbed to mechanical asphyxia after the excavation failed.
Why it matters
The charges highlight the severe legal consequences for failing to adhere to mandatory workplace safety standards. Prosecutors allege that inadequate structural support led to the collapse when a vehicle drove past the site, resulting in preventable loss of life.
The District Attorney's Office has filed charges of involuntary manslaughter and safety violations against three men and D'Arcy & Harty Construction, Inc. Two of the defendants have been released on their own recognizance pending trial.
The players
Javier Romero
He was a 25-year-old worker and Alameda County resident who died while performing excavation work.
D'Arcy & Harty Construction, Inc.
This construction firm is a defendant in the criminal case regarding safety standards at the work site.
John Finbarr Darcy
He is one of three men charged with involuntary manslaughter and has pleaded not guilty.
John William Tobin
He is one of the individuals named in the criminal complaint filed by the district attorney.
Filiberto Poblano Perez
He is a defendant in the case who entered a plea of not guilty during his arraignment.
The details
The trench measured 2.5 feet wide, 5 feet long, and 8 feet deep at the 1100 block of Oak Street. Cal/OSHA investigators found the excavation lacked required safety supports, and records indicate the company faced a safety complaint just weeks before the tragedy.
Timeline
September 2023: D'Arcy & Harty Construction, Inc. received a safety complaint.
September 28, 2023: Javier Romero died in the trench collapse on Oak Street.
October 19, 2026: The District Attorney announced criminal charges against the company and three men.
Legal Context
This case reflects a shift toward stricter criminal prosecution for workplace fatalities that violate Cal/OSHA excavation safety standards. Such prosecutions extend the established legal pattern of holding individual supervisors and firms accountable for preventable construction accidents.
Residents in the area should remain aware of increased regulatory oversight at local construction sites following this fatal incident. This legal action serves as a reminder to the public of the safety requirements intended to protect workers and bystanders in urban work zones.
The takeaway
Workplace safety regulations are legally binding mandates, and their failure can lead to severe criminal liability for employers. Construction firms are expected to maintain constant vigilance and respond promptly to safety complaints to prevent life-threatening site conditions.
Further reading
For ongoing updates on city-related safety investigations, see San Francisco accidents.
