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Fatal New York Construction Accident Results in Criminal Charges

Posted on May 05, 2011

Michael Fazio and Anthony Malfi were arrested on April 7, 2011 for a Rosebank construction accident in which a worker was killed when a wall fell on him. Fazio and Malfi were contractors on the worksite. Fazio has been charged with criminally negligent homicide, while Malfi has been charged with second-degree reckless endangerment.

Robert McGee, a construction foreman from Bohemia, was kneeling near the 60-foot cinderblock wall when it collapsed in a gust of wind in 2009. He was crushed to death.

The wall was said by witnesses to be a "tragedy waiting to happen." It was known to be unsteady, and had been observed by workers to visibly sway in the wind just days before the incident. Terry Lane, a worker on the site, said, "If there was a heavy wind, you would see it wobble." The wall was said to have been built too long and too tall to be stable, and also had many other construction, reinforcement, and safety issues. The worksite reportedly lacked proper inspection as well.

Both contractors were charged and released until their court dates.

The New York workers' compensation lawyers at Markhoff & Mittman wish to offer our sincere condolences to the McGee family during this ongoing legal process.