Construction company accepts plea deal for worker's death, DA's office says
AUSTIN (KXAN) — A construction company pleaded guilty to assault causing bodily injury related to the October 2021 death of a construction worker, according to the Travis County District Attorney’s Office.
On. Oct. 23, 2021, employees with D Guerra Construction “were working inside a trench to install a residential wastewater line for a new subdivision in southern Travis County,” a news release from the DA’s office said.
The trench collapsed, and 24-year-old Juan José Galvan Batalla “was completely buried by the fallen soil and debris.” He died from his injuries on Oct. 30, 2021, according to the DA’s office.
“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,” Travis County District Attorney José Garza said in the release. “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 pre-sentencing conditions that may establish a precedent for holding corporations accountable.”
According to an investigation from the U.S. Department of Labor, the Occupational Safety and Health Administration (OSHA) began an investigation into the trench collapse on Oct. 25, 2021. In June 2022, OSHA then referred the investigation to the DA’s office after it concluded its investigation.
On Sept. 24, the DA’s office said a Travis County grand jury indicted the construction company, as well as 37-year-old Alejandro Guerrero, for criminal negligent homicide—a state jail felony.
KXAN reported in November 2024 that the construction company was indicted in connection with Batalla’s death.
Then, on July 31, the construction company accepted the plea deal from the state, which includes the following agreements, as provided by the DA’s office:
- Plead guilty to the lesser offense of assault causing bodily injury, a class A misdemeanor
- Complete pre-sentencing conditions
- “Admit to the Factual Basis and Stipulation of Facts in Support of Plea, a legal document where both parties agree on certain facts that are considered true for the case, submitted during the plea in open court.”
The state also requested the court to delay the sentencing for up to 15 months so the construction company can complete pre-sentencing conditions, according to the DA’s office. If the construction company doesn’t comply with pre-sentencing conditions, it has agreed to be sentenced by the court and waive the right to be sentenced by a jury.
