Elias

MEMORANDUM *

Because the facts of this case are recounted in the opinion filed contemporaneously, we do not repeat them here.

I. KNOWING ENDANGERMENT

The evidence at trial showed the following: Elias put cyanide in the tank sometime in the 1980s; he knew that one to two tons of sludge remained in the tank when he transported it years later; OSHA had informed Elias that his failure to have a cyanide antidote kit, his failure to continuously monitor for cyanide with appropriate equipment, his violations of closed entry permits, and his failure to properly train and equip his employees caused a “substantial probability of death or serious physical harm” on other occasions; nonetheless, Elias failed to provide any training or the safety equipment he knew he should provide; after Dominguez collapsed, Elias denied any knowledge that cyanide might be in the tank; after Dominguez’s injury, Elias persisted in endangering employees by having them acknowledge training that they never undertook and by instructing another man to bury the sludge that harmed Dominguez without the benefit of safety equipment. Viewing this evidence in the light most favorable to the prosecution, a rational…