SIOUX FALLS, S.D. (KELO.com) — Hultgren Construction has taken a plea in federal criminal court over the fatal downtown building collapse in Sioux Falls.
They have pleaded guilty toa misdemeanor charge of violating OSHA regulations.
The maximum penalty is a half million dollar fine and five years probation.
However, the U.S. Government and Hultgren will have a hearing on the sentence later.
A construction worker was killed and a woman injured when the former Copper Lounge collapsed in December of 2016.
In one of the provisions, Hultgren agrees to “. . . make restitution to the victims for Defendant’s conduct set forth in the Information, this Plea Agreement (click here) (including the Factual Basis Statement) (click here), and the presentence investigation report. . .”
How much this is is not included in the above documents. The court also sealed another document, Sealed Plea Agreement Supplement, which may or may not include such information.
In another provision, if Hultgren cannot immediately pay the restitution, they agree, “. . . if requested by the Untied States, to promply execute and return and executed Authorization to Release Financial Records and Deocuments, and executed Authoriztion to Release Tax Returns and Attachments and an executed Financial Statement.”
Hultgren also agrees with the statement of facts about the case. One such factual basis is that the defendant “did willfully violate the standards and regulations relating to insturction and training on proper demolition methods promulgated and prescribed under the Act and said violation caused the death of Ethan McMahon, in violation of 29 U.S.C. Sec. 666(e).
The federal online court docketing system did not note a date for the hearing when the government and Hultgren argue about what sentence the court should impose.
(Mark Russo, KELO.com News, contributed to this report.)
