A superintendent at the Upper Big Branch mine has been charged with felony conspiracy.
Gary May, 43, of Bloomingrose, W.Va., was charged Wednesday with conspiring to impede the Mine Safety and Health Administration's enforcement efforts at Massey Energy Company's Upper Big Branch mine between February 2008 and April 5, 2010.
Upper Big Branch was the site of a fatal explosion on April 5, 2010. May was the mine's superintendent at the time of the explosion.
An Information filed by U.S. Attorney Booth Goodwin alleges that May conspired to defraud the United States by impeding MSHA in carrying out its lawful functions.
"Today's charge is a significant step in the investigation of events at the Upper Big Branch mine," Goodwin said in a release on Wednesday. "Our investigation of those events remains ongoing."
The offense charged in the Information carries a potential penalty of up to five years in prison.
The Federal Bureau of Investigation and the United States Department of Labor's Office of Inspector General are handling the investigation.
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