At the hearing, Chief Engineer Timothy Lynch of the New York City Department of Buildings (DOB), Investigator Robert Miller of the Department of Buildings Special Investigative Unit (BSIU), Inspector General Michael Carroll and Assistant Inspector General Byron Biggerstaff, both of the Department of Investigation (DOI), testified for the People. The defense called no witnesses. The court finds the People’s witnesses to be credible, and makes the following findings of fact and conclusions of law:

Findings of Fact

On March 12, 2008, the basement foundation wall of a two-story wood-frame residential building located at 795 Glenmore Avenue in Brooklyn collapsed into the construction site on the adjoining parcel at 793 and 791 Glenmore Avenue, causing the death of a construction worker who was working in the excavation site at the time of the collapse. The defendant is the owner of both the building and the construction site. This incident was investigated by the DOB Forensic Engineering Unit, led by Chief Engineer Robert Lynch, by the BSIU, who work under the auspices of the DOI, and by the DOI.