After 2014 deadly blast, former U-Haul manager sentenced to 2 years’ probation for violating regulations

A former general manager of a Feltonville U-Haul facility was sentenced Monday to two years on probation for using untrained workers in a case that stemmed from a 2014 food-truck explosion that killed a mother and daughter.

Miguel Rivera and U-Haul Co. of Pennsylvania have denied filling the propane cylinder attached to the La Parrillada Chapina food truck, which ruptured on July 1, 2014, and killed the truck’s owner, Olga Galdamez, 42, and her daughter Jaylin, 17, and injured 11 others. Olga Galdamez’s fiance had repeatedly brought the large propane cylinders attached to the food truck, parked on Wyoming Avenue near Third Street, to the U-Haul that June.

In the end, the government didn’t prove that Rivera or any other U-Haul worker filled the specific cylinder that ruptured, and dismissed the charges related to the women’s deaths and to filling any out-of-date tanks.

But during the probe of the deadly explosion, federal investigators found out that Rivera, who managed the facility at Hunting Park Avenue and Front Street, had used two untrained workers to fill cylinders with propane in violation of federal hazardous-materials regulations.

Rivera and the company pleaded guilty in January to two counts relating to using untrained workers in June and July 2014.

The memory of the deadly explosion hung over Monday’s proceedings as Rivera’s attorney, Michael Engle, repeatedly pointed out that Rivera was not being sentenced for the food truck explosion, that what he pleaded guilty to “did not ultimately lead to any tragedy,” and that his client and U-Haul have denied ever filling an out-of-date propane tank.

Assistant U.S. Attorney Elizabeth Abrams agreed the explosion was not to be factored into Rivera’s sentence, but emphasized that his use of untrained workers to fill tanks with the hazardous material was dangerous. She noted that even after Rivera learned of the food truck’s explosion, he continued to use one of the untrained workers to fill propane tanks at his facility.

Rivera faced up to six months of probation or confinement under the recommended sentencing guidelines. Abrams asked U.S. District Judge Robert Kelly to sentence him to a prison term within that range to provide deterrence and promote respect for the law. Engle asked for probation.

Engle told the judge that Rivera grew up in North Philadelphia, had no prior criminal history, and now works as a stockroom clerk at a different business and is up for a promotion.

Rivera, 31, told the judge, “I made a terrible mistake” and “I got lazy” by using the two untrained workers to fill customers’ propane tanks. “I know this is wrong, and I make no excuse for my failure,” he said.

The judge noted that Rivera has a 4-year-old child with his girlfriend and is trying to obtain primary custody of his three older children.

“Each day I try to be a good dad,” Rivera said, adding that his children “are my everything."

In sentencing Rivera, Kelly said that handling hazardous materials is a serious matter, but also noted that Rivera has otherwise maintained a law-abiding life. The judge also ordered Rivera to perform 100 hours of community service. As part of his plea agreement, Rivera agreed to pay a $2,000 fine.

U-Haul Co. of Pennsylvania faces a separate sentencing hearing Tuesday. As part of its plea agreement, the company has agreed to pay a maximum $1 million fine for the two counts to which it pleaded guilty.

It also agreed to a two-year probationary period during which it is to report to the U.S. Probation Office on its compliance with the U.S. Department of Transportation’s Hazardous Materials Regulations, show that it has implemented a propane compliance program to ensure that only hazmat-trained employees fill cylinders, and keep proper records about the cylinders that are being filled.