Here is a copy of the Counts filed by the Sierra County Grand Jury.
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SIERRA
The People of the State of California, ) GRAND JURY
-vs- ) INDICTMENT
MICHAEL MEISTER MILLER, )
JONATHAN TODD FARRELL, )
ORIGINAL SIXTEEN TO ONE MINE, INC.)
THE GRAND JURY OF THE COUNTY OF SIERRA, STATE OF CALIFORNIA, CHARGES:
On or about November 6, 2000, in the above named Judicial District, the crime of INVOLUNTARY MANSLAUGHTER, in violation of PENAL CODE SECTION 192 (b), a Felony, was committed by MICHAEL MEISTER MILLER, and JONATHAN TODD FARRELL, and ORIGINAL SIXTEEN TO ONE MINE, INC., who did unlawfully and without malice, kill Mark Raymond Fussell, a human being, in the commission of an unlawful act, not amounting to a felony; and without due caution and circumspection.
On or about November 6, 2000, in the above named Judicial District, the crime of WILLFUL VIOLATION OF OCCUPATIONAL SAFETY OR HEALTH STANDARD CAUSING DEATH, in violation of CALIFORNIA LABOR CODE SECTION 6425 (a), a Felony, was committed by MICHAEL MEISTER MILLER, and JONATHAN TODD FARRELL, and ORIGINAL SIXTEEN TO ONE MINE, INC.., who acting as the employer and as an employee having direction, management, control and custody of any employment, place of employment, and of another employee, willfully violated an occupational safety or health standard, to wit: Title 8, California Code of Regulations Section 7010 (e) (9-60) [requirement that where overhead clearance is restricted, warning devices shall be installed and the restricted area shall be conspicuously marked], and that violation caused the death of an employee, Mark Raymond Fussell.
“A TRUE BILL” Sharon O’ Sullivan
District Attorney, County of Sierra, State of California
Signed Kathryn A. Kelly Denise Mejlszenkier
Foreperson of the Grand Jury Deputy District Attorney
Dated October 29, 2002