Mallatere pleads not guilty to charges
Damon Mallatere exits the Watauga County Magistrate's Office Friday after turning himself in on felony charges of involuntary manslaughter and assault inflicting bodily injury in the carbon monoxide poisonings at the Boone Best Western in 2013.
Join the discussion below, or Read more at Watauga Democrat.
#1 Jan 10, 2014
The DA's office dropped the ball on this. Mr. Mallatere isn't the only one responsible for this. Whoever worked on the equipment should take most of the blame. And the town is at fault too. I would love to see if the faulty pool heater in the old town minutes refers to the Best Western. If so, they should be the ones being charged.
#2 Jan 11, 2014
The full details aren't out yet, but the town claims that Mallatare never had the pump inspected. If so, it wouldn't be found anywhere in the records
Bare in mind that it was the STATE medical examiner that delayed the autopsies for the first two victims.
#3 Apr 24, 2014
Another case of Britt trying to grab headlines before the election and making poor mallatere a scapegoat in the process.
#4 May 23, 2014
That is your opinion. If you are truly an attorney, you obviously have a political agenda by posting here and must have ties to "poor" Mallatere. Let justice work itself out.
It does worry me, that you claim to be an attorney and you are glossing over how the legal system works and buying into the political cool-aide argument. The DA presented information to the grand jury and the grand jury indicted Mallatere.
For the layman, there are checks and balances in place and a judge will make the final ruling if the case makes it to trial. The judge even makes the final ruling and accepts or denies a plea deal. I've seen judges override and deny pleas and put people in prison.
It's about time slumlords and folks who hide behind the corporate veil take notice and be held accountable for their in-actions.
This is an unprecedented case that is being fought for the victims in this case. This case is being followed by every lawyer in the country through various law journals. This is what a DA is supposed to do and justice will prevail in regards to what his peers (jury) and judge decide regardless of politics. If it is a political agenda, just another argument for a good defense attorney. Mallatere has one of the best attorneys in the state representing him so he will get a fair trial, if it goes that far.
You may want to think about retiring if you really are and attorney and still practice. You apparently are burned out and have lost site of how the legal system works or you just suck as a trial attorney and need to stick to your speeding ticket clients.
#5 May 24, 2014
In the elements of manslaughter, you have to show that a state law was being violated. What law was being violated by this man? I don't see it.
#6 May 28, 2014
Oh, he is guilty alright. If the public only knew what went on behind the scenes (as far as shabby, shoddy, and non permitted or inspected work done by common laborers) much more would come into perspective.
Find just one past employee that will honestly say otherwise, I dare you.
#7 Jun 26, 2014
He was back in court this week. Wonder what happened?
#8 Jun 26, 2014
Continued until October 13th, where it will probably be continued again, and again...
#9 Aug 13, 2014
I take it no one will come to his defense as far as shabby, shoddy, and non permitted or inspected work done by common janitors?
Can we find just one person to come on here and say a single good thing about this man?
If not he certainly deserves everything he has coming to him.
#10 Sep 25, 2014
Will anyone speak for this man? I heard he moved to Florida where he is managing hotels again,
#11 Sep 25, 2014
What about the guy who inspected the heater after the first deaths? Why wasn't he charged? He obviously didn't inspect it properly, if he missed the holes and jerry rigged pipes. I wouldn't expect a business man to know what is and isn't OK and acceptable with maintenance issues. That's why he hired maintenance workers
#12 Sep 25, 2014
No one inspected for carbon monoxide after the first deaths. Only after the second death did the toxicology results arrive for the original deaths.
No one inspected anything because nothing was permitted. That's a big part of what this is about. Malitere had janitors and shade tree type maintenance men interchanging pool heaters from totally different manufacturers with different fuel requirements without permits, inspections, or obviously any common sense.
Malitere, more than anyone else in this unfortunate chain of events, is responsible for the deaths of all those people. His prudent actions alone could have avoided their deaths. By cutting corners and pinching pennies their blood is truly on his hands.
#13 Sep 26, 2014
You people do not know the facts. http://www.charlotteobserver.com/2014/08/23/5...
#14 Sep 26, 2014
" The contract specified that Independence would replace any appliance that could not be converted with new equipment designed for natural gas."
The conversion wasn't approved.
"A town building inspector approved the conversion despite the warning."
This puts part of the blame on the town.
"Dawson said the exhaust pipe from the swimming pool water heater, which was designed to carry carbon monoxide outdoors, was improperly installed. He said openings to the fireplace in Room 225 were not sealed with fire-stopping material, as required by state code."
Again, shoddy work by the installer.
"New testimony before the Board of Examiners revealed that, despite the inattention by authorities, Mallatere wanted to see whether anything in the hotel had harmed the Jenkinses."
Sounds here like Mr. Mallatere was trying to do the right thing.
"Winkler told Robinson that if the hotel wanted to test for carbon monoxide, it would have to hire an engineer."
It seems as if Winkler is lazy. It doesn't take an engineer to test for carbon monoxide. I'm also curious if Robinson even passed the message to Mallatere.
Also, throw in the incompetence and lackadaisical attitude of the ME, and you have half a dozen better candidates for charges than Mallatere.
#15 Oct 1, 2014
I am not certain we are reading the same article. Perhaps, but I guess what I am not certain of is why you are "reading so much into" this article.
It sounds to me like you have some sort of vested interest.
Care to expound?
#16 Oct 1, 2014
You can't come back with a counterargument, so you have to try and find out what my "vested interest" is in this. Wow.
Just to out your mind at easy, I have no personal relationship with any party involved in this matter. I don't like people dying for no damn reason, and then slack asses getting away with murder. That is my "vested interest"
#17 Oct 30, 2014
OK, lets break this big pile of bullsh*t down and separate the hay from the corn, grain, ecoli, and all this other crap shall we?
Independence didn't change anything. Malletere had his janitors do the work. This is fact and can hardly be disputed.
No permits were granted by the Town, so how could anyone from the town do any inspecting? Again, the facts show that all work was done under the table by janitors without permits, inspections, or anyone qualified looking into the shoddy work. This is why we have a permit system with checks and balances. Mr. Mallatere chose to not pull a permit after the folks from Independence gave their bid and were declined to do the work. Again, these are facts and can hardly be ignored.
The facts also show that Mr. Dawson said the problem was with the initial installation dating back almost 15 years. The pictures clearly show rusted exhaust pipes held up by VCR tapes and cigarette box's. Had any of this work been permitted or inspected (which is the sole responsibility of Mr. Malletere) none of this could have happened.
The facts also show that Mr. Winkler informed Malletere of the rusted and degraded ductwork and the dangers they presented. Bear in mind that Mr. Winkler is a plumber and AC man. It is not his job to test for carbon monoxide and take on any responsibility whatsoever without being granted the job, then maybe. Mr. Winkler reported the gross negligence to Robinson and to Malletere. This also is well documented. Mr. Malletere chose to ignore the warnings and sent his janitors in to do the job covertly.
Like I said before Mr. Colt, I am fairly sure either we are not reading the same set of facts as presented or you sir are having a difficult time discerning this information with your head so stuck so far up your arsss.
Be honest Colt, what is your relationship with Malletere?
#18 Nov 20, 2014
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