Ex-BP well managers must face Gulf spill criminal charges

By Jonathan Stempel

Jan 28 (Reuters) - Two former BP Plc well sitemanagers have failed to win the dismissal of involuntarymanslaughter charges over their roles in the 2010 Gulf of Mexicooil drilling disaster, which killed 11 people.

In a decision late Monday, U.S. District Judge StanwoodDuval in New Orleans rejected the argument by Robert Kaluza andDonald Vidrine that the laws under which they were charged wereunconstitutionally vague because they lacked a clear "standardof care" that had been violated.

"Taking the facts as alleged in the indictment as true,"Duval wrote, "it is difficult to find that any person would notbe apprised that general negligent conduct, much less grosslynegligent conduct, in this matter would not be sanctioned,"particularly given "the inherent danger in deepwater drilling."

Prosecutors accused Kaluza and Vidrine of failing toproperly supervise a "negative test" meant to keep gases andfluids from entering the Macondo well, and failing to contactonshore engineers upon learning of "serious warning signs" thatthe well was not secure.

Shaun Clarke, a lawyer representing Kaluza, and RobertHabans, a lawyer representing Vidrine, declined to comment.

The office of U.S. Attorney Kenneth Polite in New Orleanswas not immediately available to comment.

Kaluza and Vidrine face a June 2 trial on 11 counts ofinvoluntary manslaughter and one count alleging a Clean WaterAct violation.

They had faced 23 counts, but Duval on Dec. 10 dismissed 11counts of ship officers' manslaughter, saying the defendants hadno navigation functions in their jobs. Prosecutors have until Feb. 10 to appeal that ruling.

The well blowout and explosion of the Deepwater Horizondrilling rig on April 20, 2010, led to the largest offshore oilspill in U.S. history.

Two other people were criminally charged over the disaster.

A federal jury found former BP engineer Kurt Mix guilty onDec. 18 of obstruction of justice after prosecutors said hedestroyed text and voice messages over oil spillage. Mix isseeking a new trial. His sentencing is scheduled for March 26.

David Rainey, BP's former vice president of exploration forthe Gulf of Mexico, faces a March 10 trial on charges ofobstruction of Congress and making false statements toinvestigators about the spill.

The case is U.S. v. Kaluza et al, U.S. District Court,Eastern District of Louisiana, No. 12-cr-00265.