EagleTribune.com, North Andover, MA

New Hampshire

July 24, 2009

Tree service owner heads to trial for employee death

BRENTWOOD, N.H. — The trial for the owner of a tree removal business facing charges over the death of an employee on a work site is scheduled for October.

The defense for Maurice Buzzell, 53, may rely on an expert to discount the prosecution's theory that the business owner was responsible for the death of his worker, Jon Paul LaVigueur, according to court documents.

The 22-year-old was killed Aug. 7, 2007, while standing in front of a tree being felled by co-workers in a yard in Kingston.

Buzzell has already paid a $12,500 settlement with the Occupation Safety and Health Administration, which initially fined him $19,000, according to an OSHA spokesman.

A grand jury returned two indictments against Buzzell last June, which included the negligent homicide charge and a lesser felony charge of reckless conduct.

Prosecutors say Buzzell's work-site practices are what led to LaVigueur's death.

"In the course of running Buzzell Tree Service, he operated his business in violation of U.S. OSHA safety standards and required his employees, including Jon Paul LaVigueur, to stand in front of trees that were being felled, hold onto rope, and pull the tree directly toward them, and maintain that position under the tree, until the tree began to fall," the indictment says.

Each of the charges carries a potential punishment of 31âÑ2 to 7 years in state prison.

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