ODESSA, TX — Aghorn Operating Inc., its vice president Trent Day, and Kodiak Roustabout Inc. have pleaded guilty and been sentenced in connection to the 2019 deaths of Jacob and Natalee Dean, who were overcome by deadly hydrogen sulfide gas at an Aghorn facility in Odessa.
Hydrogen sulfide, also known as H₂S, is a toxic gas commonly found in oil and gas production, particularly in “sour” crude reserves.
The sentencing, accepted Tuesday by a federal court, follows a multi-agency investigation into violations of the Clean Air Act (CAA), Occupational Safety and Health Act (OSHA), and Safe Drinking Water Act (SDWA). The U.S. Department of Justice and Environmental Protection Agency announced the resolution, which includes $1.4 million in criminal fines and a five-month prison sentence for Day.
Aghorn, which owns and operates oil wells in the Permian Basin, admitted to one count of negligent endangerment under the CAA and one willful OSHA violation related to the death of Jacob Dean. Kodiak Roustabout Inc., a service contractor, pleaded guilty to a felony SDWA violation for submitting falsified well integrity test records to the Texas Railroad Commission.
According to court documents, on Oct. 26, 2019, Jacob Dean responded to a call to inspect a pump at an Aghorn site when he encountered lethal concentrations of hydrogen sulfide gas. He died at the scene. His wife, Natalee, who knew his location and became concerned when he failed to return or respond to calls, drove to the facility, where she was also overcome and killed while searching for him.
Hydrogen sulfide gas, common in the “sour” crude of the Permian Basin, can be fatal in high concentrations. The investigation found that Aghorn had not implemented a required respiratory protection program at the facility and failed to control emissions, despite being responsible under federal law.
Trent Day pleaded guilty to negligent endangerment under the Clean Air Act, admitting that his failure to control hydrogen sulfide emissions placed others in imminent danger. He was sentenced to five months in prison.
“If they had done what the law requires, Jacob and Natalee might still be with us today,” said Acting Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division. "The Justice Department can’t stand by when employers put workers at such risk.”
“Energy production is vital, but it must be done competently and lawfully,” said Acting Assistant Administrator Jeffrey Hall of the Environmental Protection Agency (EPA)’s Office of Enforcement and Compliance Assurance. “Operators who gravely endanger and kill others and those who lie to the government will be held accountable for their criminal conduct. EPA’s criminal investigation of these tragic deaths led to today’s plea deal.”
As part of the plea agreement, Aghorn will pay a $1 million criminal fine and maintain safety improvements made since the incident throughout its probation period. Kodiak will pay a $400,000 fine and is required to ensure that at least 33 of its future well integrity tests related to Aghorn’s operations are either witnessed or conducted by an independent third party during its probation.
The investigation revealed that Kodiak knowingly submitted falsified mechanical integrity test charts and forms to the Texas Railroad Commission, falsely claiming they were from actual tests. These tests are critical to ensuring that underground injection wells do not leak and contaminate groundwater.
The case was investigated by the EPA’s Criminal Investigation Division. The Justice Department and EPA thanked the Texas Commission on Environmental Quality, the Texas Railroad Commission, Ector County Environmental, and the Odessa Fire Department for their assistance.
The prosecution was led by Senior Trial Attorney Christopher Costantini, Trial Attorney Mark Romley, and Assistant Section Chief Thomas T. Ballantine of the Justice Department’s Environmental Crimes Section.
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