Saying they have neither the funds nor the expertise to do an adequate criminal investigation of the fatal Feb. 16 crane collapse at the I-280 Maumee River Crossing project, Toledo law enforcement leaders are seeking state and federal help.
Three Toledo police officers have been given the task of reviewing documents from a federal agency's civil inquiry regarding the crane collapse that killed four workers and hurt four others, Chief Michael Navarre said. They may conduct follow-up interviews with parties involved in the accident.
But the police department lacks the sort of engineering expertise that may be needed to prove that the crane collapse resulted from criminal negligence, he and Julia Bates, the Lucas County prosecutor, said. A thorough investigation might involve traveling to Italy to meet with officials from the crane's manufacturer, or bringing those people here, they said.
Mrs. Bates and Chief Navarre met Monday with U.S. Rep. Marcy Kaptur (D., Toledo). Chief Navarre had met with state officials. Mrs. Bates estimated the potential cost to be at least in the hundreds of thousands, if not millions, of dollars.
"We can't even say if we're going to engage in a criminal prosecution," Mrs. Bates said yesterday. "It could be many weeks and months before we have any answer. But we really feel we owe it to this community to do a thorough investigation."
Chief Navarre said his department's inability to pursue the case unassisted is not a consequence of pending city budget cuts that include the proposed layoff of 79 workers. Fifty would come from the police officer and firefighter ranks.
"The obstacles in our way were there long before we ever uttered the word 'layoff.'
We don't really have a pool of money to do the type of investigation we're talking about here under normal circumstances," the chief said.
Neither Miss Kaptur's office nor a spokesman for Ohio Attorney General Jim Petro returned telephone calls yesterday seeking comment.
Chief Navarre said he was told his investigators could expect state help would be mainly legal experts with civil engineering backgrounds, a resource not available locally, while Miss Kaptur assigned an aide to research possible funding sources.
In a report issued in late July, the federal Occupational Safety and Health Administration blamed the Feb. 16 accident, in part, on the failure of Ballwin, Mo.-based Fru-Con, the Ohio Department of Transportation's contractor for the $220 million I-280 bridge project, to ensure that the crane involved was properly secured at one end during the repositioning process.
The federal agency proposed a fine of $280,000 against the contractor for "willful violations" of workplace safety regulations. Fru-Con is appealing both the findings and the fine.
While OSHA found sufficient evidence to support a civil penalty against Fru-Con, Chief Navarre said a much stricter standard of proof would apply to any criminal proceeding.
"We have a pretty good idea of what happened and what precipitated it," the chief said. But proving "beyond a reasonable doubt" that the crane collapse was caused by contractor negligence would require extensive documentation and expertise.
"We may eventually have to say we don't have enough evidence to go forward. But I don't want to go to the families and say, 'We can't move forward because of lack of funds,'●" Chief Navarre said.
On Oct. 23, the day the contractor hoped to resume using a crane identical to the one that fell, one of the second crane's support legs dropped from its housing while being positioned. While no one was hurt, OSHA began a second investigation.
Fru-Con also is the general contractor for a bridge project near New Town, N.D., where steel framework for a pier collapsed Monday, killing one worker and injuring three. A subcontractor was overseeing the site.
Contact David Patch at:
dpatch@theblade.com
or 419-724-6094.
First Published December 4, 2004, 1:54 p.m.
