National Roundup

West Virginia 3 sue Mas sey over deadly mine explosion CHARLESTON, W.Va. (AP) -- The families of two miners killed in last year's West Virginia mine explosion and another man who barely made it out alive have filed lawsuits against Massey Energy as the one-year anniversary of the disaster approaches. The three new lawsuits were filed Monday in Boone Circuit Court by the families of Joe Marcum and Adam Morgan and by Stanley Stewart, who escaped from the April 5 explosion that killed 29 miners. The lawsuits name Massey and subsidiaries Massey Coal Services and Performance Coal Co. At least two other miners' families have filed lawsuits. Massey said last week it had reached settlements with seven families. The Charleston Gazette reports that the lawsuits claim Massey operated the Upper Big Branch mine in a "willful, wanton and recklessly unsafe manner." California Petty officer stands trial in fatal wreck ALAMEDA, Calif. (AP) -- A collision between a Coast Guard vessel and a pleasure boat that killed an 8-year-old boy in San Diego Bay was a tragic accident that shouldn't be mistaken for a crime, a lawyer for a petty officer charged in the 2009 crash told jurors as his court-martial began Monday. In opening statements, prosecutors said Petty Officer 3rd Class Paul Ramos was piloting the 33-foot patrol craft too fast on the crowded bay and failed to follow safety procedures before the collision. The Coast Guard vessel thundered atop the 26-foot boat of Alan DeWeese, killing his son, Anthony, and injuring five other people during the annual Christmas parade on Dec. 20, 2009. Ramos, 22, has pleaded not guilty to involuntary manslaughter, negligent homicide, aggravated assault, hazarding a vessel and dereliction of duty. A jury of seven Coast Guard members, two women and five men, is expected to hear evidence and decide Ramos' guilt at Coast Guard headquarters in Alameda through March 25. Ramos was responding to a report of a boat stuck in mud when he took off into the San Diego Bay during the annual Parade of Lights festival, a city tradition featuring boats festooned with holiday lights. "This collision was entirely avoidable ... and was entirely the fault of the accused," said Coast Guard prosecutor Lt. Cmdr. Doug Daniels. "The consequences were disastrous and this is why we're here." During his remarks, Daniels projected a photo of Anthony that was taken the day before his death. Defense attorney Lt. Cmdr. Andrew Myers complained to the judge about the prolonged display of the boy's image and cautioned jurors not to let emotion cloud their judgment. Ramos joined the Coast Guard because he wanted to save lives, Myers said, noting that the petty officer boarded the boat right after the crash and took the injured boy to a Coast Guard vessel to administer CPR before seeking further medical help. The evidence will show that Ramos was driving the Coast Guard vessel at a safe speed, DeWeese was an inexperienced boater who did not follow safe boating practices, and the civilian boat was poorly lit at the time of the collision, Myers said. Alan DeWeese, who was hosting two other families during the trip, testified Monday that his stern light was on when the Coast Guard vessel plowed over his boat. He said he hit the throttle and turned right, but it was too late. "I couldn't believe they had run us over," said the San Diego man, who suffered cuts on his face and other injuries. After the boat struck, he found two of his sons safe before finding Anthony face-down and not moving. He and his wife learned that their son had died when they were on their way to the hospital where authorities had taken the boy, he said. David Endert, who was helping to patrol the parade route and witnessed the crash, said the driver of the Coast Guard vessel was piloting the boat at a "high rate of speed" and "seemed reckless." Just before the accident, he told his wife, "This guy is going to kill somebody." The NTSB, which has released more than 4,000 pages of documents, has not said what caused the crash. Ian Howell, the highest-ranking member of the patrol boat crew, faces a court-martial in May on charges of negligent homicide, assault, negligence with a boat and dereliction of duty. He pleaded not guilty. There were three other crew members. Petty Officer Brittany Rasmussen was reprimanded but avoided time in the brig after pleading guilty to dereliction of duty in military court. The Coast Guard dropped a charge of dereliction of duty against Petty Officer Lavelle Teague. Petty Officer Jarett Koelmel was never charged. Massachusetts Judge upholds rape charge in bullying case NORTHAMPTON, Mass. (AP) -- A judge has denied a defense motion to dismiss charges against a 19-year-old man accused of raping a Massachusetts girl who prosecutors say was driven to suicide by school bullies. Judge Mary-Lou Rup ruled Monday that although there was "limited" evidence to suggest that Austin Renaud had sex with 15-year-old Phoebe Prince, it was enough to support an indictment. Renaud's attorney filed the motion to dismiss last month, saying prosecutors failed to provide "admissible and credible evidence" that the now 19-year-old Renaud had intercourse with Phoebe. Renaud denies having sex with Phoebe, a former South Hadley High School student who hanged herself in January 2010. Five teens have been charged with criminal harassment and civil rights violations in the case. Renaud is charged with statutory rape but is not charged with bullying. Connecticut Woman charged with keeping son in dog crate OLD SAYBROOK, Conn. (AP) -- Police say a Connecticut woman is facing charges for making her son sleep in a locked dog crate because he was acting out and soiling his bed. Kathlyn Anthony of Old Saybrook was released on $100,000 bond following an initial court appearance Monday on a charge of risk of injury to a minor. The 54-year-old woman was arrested Sunday after an investigation. Police say the boy's sister told school officials that she was tired because she kept getting up at night to let her brother out of his "sleep locker." Police say the crate was 36 inches by 22 inches, and 30 inches high. Anthony told police she had been seeking outside help for the boy's behavior. She refused to comment outside court. Police didn't disclose the boy's age. Published: Wed, Mar 9, 2011