Sewer supervisor pleads 'no contest' in connection with 2003 sewer deaths
EDINBURG -- In the middle of his trial Thursday for criminally negligent homicide, Beverly Borroum decided to change his plea from "not guilty" to "no contest."
District Judge Fred Hinojosa then found the George West man guilty in connection with the 2003 deaths of Javier Cruz and Frank Hernandez.
Borroum was a supervisor for L&B Vactor Services when, in 2003, Cruz, Hernandez and a third man, Robert Dose, were trapped in the Edinburg sewer they were cleaning out, all apparently too overcome by noxious gases and lack of oxygen to climb out. Firefighters were able to rescue Dose, but Cruz and Hernandez were pronounced dead from asphyxiation.
Prosecutors argued that no one should have been sent into the manhole without a breathing apparatuses, safety harnesses or ventilation.
Dose, the survivor of the incident, appeared in court just before lunch Thursday, prosecutor Craig Thompson said. Borroum changed his plea just after lunch, and Dose never testified.
"Both the state and the defense had trouble getting him served (with a subpoena)," Thompson said of Dose. "I think he didn't want to come testify."
The threat of arrest or other penalties may have convinced him to appear, Thompson said.
The prosecution had not yet finished presenting its case after more than two days of trial in the 93rd state District Court.
When a defendant in a criminal case pleads no contest, it means he is not admitting guilt but is stating he will offer no defense. The person is then subject to being judged guilty and punished as if he had pleaded guilty or had been convicted. The plea of no contest, however, allows the defendant to retain the option of denying the same charge in another legal proceeding.
Borroum is scheduled to be sentenced Oct. 7. Criminally negligent homicide is a state jail felony, meaning he faces up to two years in jail and a possible fine of up to $10,000 for each count.
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Sara Perkins covers Mission, western Hidalgo County, Starr County and general assignments for The Monitor. You can reach her at (956) 683-4472.
