Judge Clears Mobil Refinery of Obstructing Torrance Probe

Mobil, which is embroiled in a series of disputes with the city of Torrance, reveled this week as it extended its string of legal victories in South Bay Municipal Court.

“Perhaps the city will now tire of bringing meritless criminal actions, which only serve to harass Mobil and waste the city’s limited resources,” said Mobil spokesman Jim Carbonetti.

On Tuesday, South Bay Municipal Court Judge Josh Fredericks ruled that Mobil Oil and a former refinery executive are innocent of criminal charges that they obstructed a Torrance Fire Department investigation into a July 15, 1988, explosion that killed one man and injured two others.

After prosecution witnesses had testified, Mobil urged the judge to rule in its favor, arguing that the city had not made a case. Fredericks agreed and entered a verdict of not guilty for Mobil and retired Mobil employee Thomas Gregory on the two misdemeanor counts. At the time of the accident, Gregory was the second-ranking manager at the Torrance refinery.

“We’re pleased with the way this thing went,” said Carbonetti.

City prosecutors could not be reached for comment Wednesday.

In the accident, Harbor City resident Winston Alexander Jones, 30, an employee of the contract firm Cal Cat Chem Co. of Benicia, died instantly when the tank he was on top of exploded. David Moustofi, 32, of Long Beach, suffered second- and third-degree burns over 75% of his body. Jerry Lekberg, 41, of Oakland, was burned over 5% of his body. The three were processing foul-smelling sludge from a water tank.

The counts that were dismissed this week stemmed from accusations by Torrance Fire Inspector Robert Maag that a Mobil employee had prevented him from taking pictures shortly after the explosion and that several Mobil employees interfered with interviews he was conducting with potential witnesses. Maag added in a report that Mobil employees had blocked Torrance police from the explosion site and that they had not honored yellow “caution” tape that was supposed to seal off the accident scene.

Those counts were part of a larger misdemeanor case--dealing with the cause of the accident--that the city had filed against Mobil, Gregory, refinery Manager Wyman Robb, Cal Cat Chem and three of its top executives. All were charged with misdemeanor counts of violating state safety standards. Robb and Gregory were also charged with inducing others to violate safety rules.

On Oct. 30, Municipal Court Judge Thomas Allen dismissed the state safety charges against Mobil and Robb, but retained them against Cal Cat Chem Co. and its executives. In his ruling, Allen said that the charges only applied to the direct employer of the accident victims, which was Cal Cat Chem. Mobil had hired Cal Cat Chem to process sludge at its refinery.

The environmental crimes unit of the Los Angeles County district attorney’s office is appealing Allen’s ruling to Superior Court. However, the case against Cal Cat Chem is proceeding. A hearing on when to set trial is scheduled for Feb. 7 in Municipal Court.

The city also suffered a setback in a misdemeanor case against Mobil stemming from a fire on Aug. 5, 1988, in which one contract employee was burned over 40% of his body and another was injured. The fire was caused when the worker mistakenly opened a pipe and flammable hydrocarbon liquids spewed onto hot pipes below.

On Nov. 30, Allen dismissed the charge, ruling that civil penalties levied by the U.S. Occupational Safety and Health Administration preempted any state criminal charges. Torrance Prosecutor J. D. Lord said he would appeal that ruling.

On Dec. 4, Lord accused Allen of bias and forced the judge off a third case, one that cited Mobil in 170 misdemeanor counts. The massive case stemmed from an intensive OSHA audit of the refinery. That case is still pending.

Also pending is a civil suit brought by the city against Mobil alleging that its refinery is a public nuisance and hazard and should be subject to increased city regulation.