A man living in the country illegally was arrested and charged with manslaughter for causing the death of his coworker at a construction site in Davenport, the Polk County Sheriff’s Office announced.
Deputies responded to the Grand Pointe Apartments in Davenport on Wednesday regarding an industrial accident at a construction site.
According to an arrest affidavit, deputies arrived and found the victim, J L, dead near the front-end loading bucket of a skid steer.
Deputies talked to the victim’s co-worker, AM, 29, who told deputies the victim was messing with the controls but was not seated in the skid steer and said the skid steer was unoccupied.
According to deputies, A then stated that the victim began messing with the controls while standing underneath the loading bucket and then hit a control that caused the victim’s head to get caught between the frame of the skid steer and the bucket.
A told deputies he was standing several feet away when the incident occurred and never touched the victim.
During an investigation, deputies noticed a significant amount of blood spatter on the legs of A’s pants. The spatter was consistent with Angel being seated in the skid steer’s operating seat at the time of the incident.
When A was asked how he would have so much blood on his pants, he would not provide a specific explanation, according to the arrest affidavit.
While examining the scene, deputies said no footprints were seen in the area A claimed to be standing, nor was there any blood spatter.
Deputies interviewed a coworker who said the skid steer was being operated by someone, but he did not know who. He also said he saw the victim standing in front of the skid steer, but did not see A.
The coworker also told deputies that he knew someone was operating the skid steer because it was moving dirt and driving back and forth.
The arrest affidavit said another coworker, who refused to respond back to the scene due to living in the country illegally, spoke with deputies and said he observed Angel operating the skid steer and the victim on the front of the skid steer.
Deputies and the U.S. Immigration and Customs Enforcement are attempting to locate the co-worker at this time.
“Probable cause has been established to show AM was operating the skid steer while the victim was underneath the skid steer’s loading bucket,” the arrest affidavit said.
AM was arrested and charged with manslaughter.
“As actions presented clear culpable negligence by operating the skid steer while the victim was on the front of the skid steer, in an area not designed to be manned by a human being. By continuing to operate the skid steer, Angel’s actions were unreasonable and flagrant in nature, as such heavy machinery is commonly known to cause serious injuries and even in some cases fatalities to those who operate the machine in a manner outside of its intended design,” the arrest affidavit said.
PCSO said that due to M living in the country illegally, detectives are submitting paperwork to have the charge upgraded to a first-degree felony.
Legal Support for Work-Related Accident Victims
Workplace accidents can happen in any industry from construction sites and warehouses to offices and retail stores. If you’ve been injured on the job, Ovadia Law Group is here to help. Our experienced attorneys understand the complexities of workers’ compensation and personal injury law. We’ll guide you through the claims process, ensure your rights are protected, and fight for the compensation you deserve. Whether your injury was caused by unsafe conditions, faulty equipment, or employer negligence, we’ll investigate thoroughly and build a strong case on your behalf. You may be entitled to benefits for medical expenses, lost wages, and long-term disability. Don’t let your employer or insurance company deny your claim or minimize your injuries. Call 1-800-674-9396 today for a free consultation and let Ovadia Law Group help you get back on your feet.
Source: wfla
