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UFW Stands by Family Seeking Justice in Heat Stroke Death of Teen Farm Worker at Farmington vineyard (Scroll down to see statement from Merlyn Calderon, UFW National Vice President) (UFW press release)
07/28/2010

  
UFW Stands by Family Seeking Justice in Heat Stroke Death of Teen Farm Worker at Farmington vineyard


The UFW and supporters will join relatives of Maria Isavel Vasquez Jimenez at a crucial court hearing Thursday, July 29, in which a judge may decide whether the case against three people charged with felonies for contributing to Maria Isavel’s death will proceed to trial. The judge may also rule on whether the ex-farm labor contractors will face jail time if convicted. The family wants anyone found responsible for the 17-year-old’s death to be incarcerated. A news conference with Maria Isavel’s relatives will precede the hearing and a media availability after. 

Stockton, Calif. – On May 14, 2008, Maria Isavel Vasquez Jimenez fainted after working nearly nine hours on a vineyard in Farmington. The only water provided to farm workers that hot day was in five-gallon cans at the corners of the field, which was a 10-minute walk for some laborers. Instead of calling emergency responders, an employee of Merced Farm Labor Contractors instructed Jimenez’s boyfriend to take her to a clinic in Lodi.

Jimenez's core temperature had risen to 108 degrees on a day the high temperature reached 95 degrees and California's occupational safety agency issued a heat-danger warning to employers.

Jimenez died two days later.

In 2009, prosecutors filed involuntary manslaughter charges against Maria De Los Angeles Colunga, ex-owner of the now closed Merced Farm Labor Contractors; her brother Elias Armenta, responsible for safety; and Raul Martinez, the crew foreman. They are accused of failing to provide Jimenez with access to a nearby source of drinking water, shade from the sun, training in how to recognize symptoms of heat illness, and swift medical attention.

There have been media reports of a possible plea deal in which the defendants may avoid incarceration. The UFW, along with Jimenez’s relatives, call for justice to be done and that, if convicted, the defendants serve the maximum amount of time behhind bars.

The UFW and Jimenez’s relatives will hold a news conference outside the San Joaquin County Superior Court building in Stockton at 12:30 p.m. The hearing is scheduled for 1:30 p.m. There will be a media availability following the hearing.

WHAT: Hearing in San Joaquin County Superior Court in the criminal case against three people accused of involuntary manslaughter in the heat stroke death of 17-year-old farm worker Maria Isavel Vasquez Jimenez.

WHEN: News Conference, Thursday, July 29, 12:30 PM, followed by the court hearing at 1:30 P.M. in Dept. 23 before the Hon. Judge Bernard Garber. Media availability after the hearing.

WHERE: In front of the Stockton courthouse, 222 E. Weber Avenue, Stockton, CA, 95202

WHO: Maria Isavel’s relatives, including boyfriend, Florentino Bautista, and uncle, Doroteo Jimenez, and UFW representatives.
        
     

   

 Statement from Merlyn Calderon
National Vice President, United Farm Workers of America

Good afternoon and thank you for being here today. My name is Merlyn Calderon, national vice president for the United Farm Workers of America.

We are here today to support the family of 17-year old Maria Isavel Vasquez Jimenez, who died in 2008 while laboring in the grape vineyards.

Her death is hard to accept because it didn’t need to happen.

Basic regulations to protect farm workers from death or injury from extreme heat that the UFW convinced Governor Schwarzenegger to issue in 2005 were not observed by the farm labor contractors. They are accused of failing to provide Maria Isavel with access to a nearby source of drinking water, shade from the sun, training for workers and management on how to recognize symptoms of heat illness, and timely emergency medical care. Maria Isavel’s temperature soared to 108 degrees on a day the state work safety agency issued a heat-danger warning to employers. After a long delay in obtaining medical care, it was too late to save her life.

If the labor contractor or grower had followed the law, Maria Isavel might well be alive today. Her case is one of the most disgraceful examples of labor contractors and growers ignoring their legal duties.

The only upside to this case is that Maria Isavel’s family spoke out for justice.

There are at least 400,000 farm workers laboring on 80,000 ranches in California. The only way to ensure the laws and regulations are enforced is to give workers the tools to speak up without fear of intimidation and to take action without fear of retaliation.

Today’s court hearing begins the legal process to bring justice to Maria Isabel’s family.

The judge could decide whether the case against the owner of Merced Farm Labor Contractors, Maria Colunga, Safety Coordinator Elias Armenta and the foreman, Raul Martinez, all charged with felony involuntary manslaughter, will proceed to trial and whether they will face jail time if convicted.

This is the first case in the San Joaquin County or California that we know of where an employer is being charged with such counts over the death of a farm worker.

Undoubtedly, this case will set a precedent. We want to ensure the precedent is that employer negligence carries serious consequences.

The family strongly feels anyone found responsible for 17-year-old Maria Isavel’s death should be jailed. The UFW is doing all we can to support the family and calls upon the public to help ensure these law-breaking employers whose gross negligence resulted such grief for Maria Isavel's family, death be prosecuted to the fullest extent of the law.


Now, I’d like to introduce Doroteo Jimenez, uncle of Maria Isavel Vazquez Jimenez.