Ohio Landscaping Firm Owner Faced Charges After Deadly Trench Collapse

A trench at an Ohio job site turned deadly when federal investigators say workers were ordered to enter it despite warnings that the hole had become dangerously deep. Minutes before the ground gave way, one man lost his life while two others suffered severe injuries.

Jose Alberto Barajas Martinez, 28, died in a collapse near Milford on Dec. 5. OSHA records obtained by the Cincinnati Enquirer show the excavation was roughly 8 feet deep and lacked any protection against cave-ins. Federal rules demand safeguards for trenches deeper than 5 feet, yet none were present at the scene.

Whispering Creek LLC, the landscaping firm handling the work, faced five safety violations and an initial fine of $231,714. Prosecutors in Clermont County later reduced that penalty to $49,000 while they consider possible criminal charges against the company owner.

David Baumgardner owned Whispering Creek and was present at the site when it happened. He knew exactly how deep the trench was and understood its layout. When asked why he did not install a trench box to prevent collapse, Baumgardner claimed the workers had not gone deep enough. Investigators pushed back hard on that excuse, accusing him of conscious disregard for safety rules he clearly knew. They also pointed to his explanation as proof of plain indifference.

Baumgardner told the newspaper that Barajas Martinez was a friend and that his death hit him very hard. "I actually saved one of the workers myself," he said after the rescue effort ended.

The three men were laying corrugated pipe in a residential yard when the trench gave way around 3:30 p.m., according to FOX19 Cincinnati reporting from December. Firefighters arrived to find one worker completely buried and unconscious while the other two remained awake but trapped under dirt. Miami Township Fire Chief Dave Jetter explained that the soil was too unstable for crews to enter immediately. Instead, they provided oxygen and heated blankets until equipment could shore up the hole. Rescuers then dug bucket by bucket to free the men. One man was pronounced dead; it took about six hours to extract both survivors.

OSHA investigators later noted that ladders seen inside the trench had been brought in during the rescue operation, meaning they were not there when workers first entered. The agency cited Whispering Creek for inadequate inspections and poor worker training. They also flagged the company for storing excavated soil and equipment too close to the edge of the hole.

One survivor walked away with eight fractures; the other suffered two broken ribs along with serious internal injuries, according to the Enquirer. A family GoFundMe page identified one survivor as Jaime Barajas, the father of Jose Alberto. Baumgardner said one man has returned to work while the other is still recovering from his wounds.

A Miami Township police report listed reckless homicide and negligent assault as potential charges, FOX19 reported in December. Baumgardner told the Enquirer he expected felony charges by Aug. 14, yet none had been filed at that time. The Clermont County Prosecutor's Office continues to review the case.