A Texas contractor has pleaded guilty to assault causing bodily injury for the death of a worker in a trench collapse in 2021.
D Guerra Construction LLC’s sentencing has been postponed 15 months so the company can complete safety training of its employees and other stipulations as part of a plea deal, the Travis County District Attorney’s Office announced August 26. If D Guerra successfully completes the requirements, the attorney’s office will request that the Austin-based company not be fined.
On October 23, 2021, Juan José Galvan Batalla, 24, was buried underneath soil and debris in a cave-in of a 13-foot-deep trench in Austin and died a week later from his injuries. A second worker was injured but able to escape the trench alive. A previous collapse had occurred earlier in the day. The workers were ordered back inside the trench for a residential sewer installation in Austin, according to the U.S. Occupational Safety & Health Administration.
OSHA cited D Guerra in April 2022 with five violations, including no cave-in protection such as a trench box and water in the bottom of the trench. The agency issued total proposed penalties of $243,406, which were later reduced to $140,000. It referred the case to attorney’s office.
A grand jury indicted D Guerra Construction and project superintendent Carlos Alejandro Guerrero, 37, on September 30, 2024, each on a charge of felony criminal negligent homicide. Geurrero faces his charge in a separate court and is not part of this agreement.
D Guerra accepted the plea deal July 31 to the lesser, misdemeanor assault charge. The agreement calls for the company to meet the following pre-sentencing requirements within 15 months:
- Implement various safety training requirements for all employees hired to perform construction work in Travis County.
- Create a process that allows employees to anonymously report safety concerns without fear of retaliation.
- Hire an independent safety monitor that is approved by the Travis County District Attorney’s Office to monitor compliance with the terms of the agreement for a 12-month period.
If the company does not comply with the presentencing conditions, it will be sentenced by the court and waives its right to be sentenced by a jury.
Since the fatal 2021 cave-in, D Guerra Construction has been cited by OSHA for three other trench violations:
- On December 1, 2023, the company was fined $20,092, which was reduced to $14,064, for workers in a trench with water inside and inadequate cave-in protection on November 2, 2023.
- On January 11, 2024, the company was fined $28,216, which was reduced to $9,844, after workers were in a trench that did not have adequate cave-in protection on September 6, 2023.
- On April 17, 2025, the company was fined $16,550 after workers were in a trench in which shields were not installed properly on or about December 3, 2024.
“Our hearts continue to break for the family of Mr. Galvan Batalla, and we hope this plea continues to help them with their healing process,” said Travis County District Attorney José Garza. “This is the first time in over three decades that a corporation has acknowledged responsibility for a worker’s death in Travis County. We are grateful to our team for negotiating a distinctive plea agreement accompanied by presentencing conditions that may establish a precedent for holding corporations accountable.”
U.S. Occupational Safety and Health Administration
