CHARLESTON, -- A Massey Energy Co. foreman was indicted Thursday on five federal charges stemming from a fire that killed two miners at a West Virginia coal operation in January 2006.

David R. Runyon, 43, is accused of two counts of knowingly violating federal safety standards by failing to hold mandatory evacuation drills. Runyon also faces three counts of falsifying records to show that evacuation drills had been conducted when they weren't.

"We have spoken with the U.S. Attorney's Office throughout the investigation. It's our position that Mr. Runyon has not done anything wrong," defense attorney Nick Preservati said. "Otherwise we decline comment."

Runyon faces up to 17 years in prison and a $950,000 fine.

The indictment identifies Runyon as the foreman of one of two crews that were underground at Massey subsidiary Aracoma Coal Co.'s Alma No. 1 mine in West Virginia's southern coalfields when a conveyer belt caught fire Jan. 19, 2006. Runyon's crew was farther from the fire and escaped.

Runyon remains employed at Aracoma, Massey spokesman Jeff Gillenwater said in an e-mail. "Massey has an open investigation into the circumstances surrounding the Aracoma fire and will consider this and any other new information in its investigation."

Massey is the nation's fourth-largest coal producer by revenue.

Two members of the other crew, Don Bragg, 33, and Ellery Elvis Hatfield, 47, died after they were separated from the rest of their co-workers while trying to escape.

Weeks earlier, a methane gas explosion killed 12 miners at Sago Mine in northern West Virginia. Both tragedies led to sweeping federal and state mine safety law revisions.

Aracoma pleaded guilty earlier this month to 10 federal charges and paid a $2.5 million fine. U.S. District Judge John Copenhaver is considering whether to accept the plea. If he does, Aracoma is scheduled for sentencing in April.

The widows of Bragg and Hatfield have asked Copenhaver to reject Aracoma's plea deal, which they say would not allow prosecution of Massey executives. Last November, the widows settled a wrongful death lawsuit with Aracoma, Massey, Chief Executive Don Blankenship and a second Massey subsidiary. Terms were not disclosed.

An agreement related to the plea bargain calls for Aracoma to pay a record $1.7 million civil penalty for violations uncovered by the federal Mine Safety and Health Administration. Approval of that deal is being reviewed by the federal Mine Safety and Health Review Commission, MSHA spokeswoman Amy Louviere said.

State and federal investigators say an overheated conveyer belt caused the fire, but also blamed missing air control walls for allowing the primary escapeway for Bragg and Hatfield's crew to fill with smoke.

Federal prosecutors are believed to be investigating several other Aracoma employees. Attorneys representing several Aracoma workers in state disciplinary proceedings have said their clients are being investigated by the U.S. Attorney's Office in Charleston.

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