(IND) General contractor, excavator operator held for trial on murder in building collapse

The general contractor and excavator operator charged in connection with last June’s fatal building collapse at 22th and Market streets will both stand trial on third-degree murder charges.

A Philadelphia Common Pleas judge ruled at the end of a preliminary hearing Tuesday that contractor Griffin Campbell and excavator operator Sean Benschop will face charges of third-degree murder, conspiracy, reckless endangerment and other offenses for the collapse of a building on an adjacent Salvation Army thrift store that killed six people and injured 14 others.

Newsworks reported that the four-hour hearing focused on the five days preceding the incident, when the Philadelphia District Attorney’s office claimed it became a safety hazard. The architect for the project, Plato Marinakos, testified that he warned Griffin the night before the incident that he could not leave a wall unsupported by lateral beams. They also argued that Benschop knew that using an excavator near a freestanding wall was dangerous, but proceeded anyway.

Newsworks caught up with Daine Grey, Benschop’s attorney, after the hearing who said he was shocked the case against his client was proceeding.

“Everybody who followed direction to take a joist down or to take some of the flooring down, could be found liable,” said Grey. “Sean did nothing more than anybody else. The only difference is instead of possibly using a hammer to take a joist out he used a machine, which Griffin rented to perform his duties. He didn’t do anything wrong. He followed directions.”

A grand jury charged Campbell and Benschop last November.

Philadelphia District Attorney Seth Williams said at that time he could not say whether the grand jury would find evidence of wrongdoing by other persons that would establish proof of criminal offenses. He noted that the wrongful death civil lawsuits filed in this matter— which have focused on building owner Richard Basciano, the Salvation Army and Marinakos as they are probably deemed to have the deepest pockets— have lower standards of proof. No one else has since been charged in connection with the incident.

On Nov. 14, The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Campbell and Benschop for egregious safety violations and fined them nearly $400,000.

In the wake of the collapse, the city’s Department of Licenses & Inspections (L&I) issued new demolition guidelines while a special City Council investigative committee issued numerous reform recommendations.

As a result of the incident, city officials have reviewed L&I procedures and instituted procedural changes. But neither civil plaintiffs lawyers or criminal prosecutors have targeted the city or L&I specifically for any wrongdoing. On the civil side, that might be because the city has sovereign immunity that caps financial penalties.

Source: Philadelphia Business Journal