In an unprecedented case likely to send shock waves through the propane industry, a Loudoun County jury has delivered a Virginia propane explosion manslaughter conviction, finding a propane service manager guilty of involuntary manslaughter. The verdict was returned July 21 after a two-week trial stemming from the 2024 propane explosion in Sterling, Virginia, that killed a volunteer firefighter and injured 11 others. (See this column in the December 2024 issue of BPN magazine).
The following account is based on multiple news reports of the incident and trial, as well as a 37-page civil complaint filed by multiple plaintiffs against Southern States Cooperative and others arising from the incident.
Underground Tank
The story begins at the home of Kelley Woods. There was a swimming pool in the backyard and a pool heater fueled by propane. The propane was delivered from a 500-gallon underground tank. Southern States Cooperative supplied propane to the tank. It was not clear from news reports of the trial who installed the tank. There apparently was testimony that the backyard where the tank was installed was “waterlogged.”
Woods had moved into the home in 2015 and by 2017 was apparently attempting to sell it. While Southern States was servicing the tank, she had another propane supplier, Elite Power and Energy, inspect the tank in 2017. It is unclear what prompted the inspection, but Elite found that the tank was leaking. Elite offered to fix or replace the tank, quoting $5,200 to replace it, but Woods responded that money was tight and she would have another company do the work.
Red Tag?
Elite was back to check the tank in 2021 and again noted the leak. Southern States also had employees check the tank in 2021, and they also found a leak. The complaint in the civil lawsuit alleges that, based on inspection and testing of the tank in 2021, Southern States disconnected the tank from the pool heater, locked the tank and red-tagged it.
The tank apparently remained locked and not in use for three years. In February 2024, Woods decided to put the home on the market for sale. She wanted the problem with the underground tank fixed, and so on Feb. 14, she called Southern States. She was told that the tank would need to be filled in order to diagnose and fix the problem. A service call was scheduled for Feb. 22, 2024.
Delivery
This calls into question whether the tank had in fact been red-tagged back in 2021. It would certainly be unusual to fill a tank that had been red-tagged for leaks, and it is not clear why Southern States would want to redo the safety inspection it had previously done in 2021, rather than simply dig up the tank and replace it. In fairness, Southern States has not filed an answer to the civil complaint, and so we don’t know its side of the story.
In any event, a Southern States deliveryman appeared at the Woods residence several days later, on Feb. 16, and began to fill the tank, which was apparently empty. This is a bit unusual, because the service call had been scheduled for Feb. 22. However, it could be simply a matter of convenience, such as the driver was already making deliveries in the area and this was added to his schedule.
Propane Fumes
According to the civil complaint, the driver began to pump propane into the tank but stopped after delivering about 125 gallons into the 500-gallon tank. He allegedly smelled the heavy odor of propane and “saw propane fumes emanating from the ground.” He asked Woods, according to the civil complaint, whether there was anything wrong with the tank.
The complaint is silent on whether Woods told the driver there was a leak in the tank, but it does claim that she called a manager at Southern States, who said, “Oh yeah, it’s fine. You’re not smelling propane, but the smell is essentially a chemical to let you know that gas is leaking.” The manager said that he would dispatch a service technician to check out the situation.
Doorbell Camera
Service Manager Roger Bentley, a 38-year veteran in the propane industry, arrived at the Woods home later that afternoon at about 3:45. He confirmed that the tank was leaking and told Woods that he believed it was leaking at an underground weld. The conversation between Woods and Bentley was recorded by a doorbell camera.
This video was played for the jury in Bentley’s subsequent trial, and while it is not publicly available at this time, we do have news reports from the trial, as well as the detailed allegations of the civil complaint.
Bentley allegedly told Woods that it was “not an emergency. Nothing to worry about at all. Bad news is you need to replace that tank.” He reportedly told her, “It’s not a big deal. I’ve been doing this a long time, it’s OK.” He added, “We’ll just let it ease out into the ground, [and] we’ll all be on our merry way. Unfortunately, you’re going to lose 129 gallons of gas; that’s the sad part.”
Finally, the civil complaint makes the claim that Bentley told Woods not to call the fire department, as it would “make a big deal out of nothing.” It is not clear whether this alleged statement was recorded by the doorbell camera.
Not an Emergency?
Bentley left the residence, and while Woods did not call the fire department, a neighbor did at 7:36 p.m. Personnel from the Sterling Volunteer Fire Company and Loudoun County Fire and Rescue arrived at 7:48 and confirmed at 7:54 that the tank was leaking. Woods was asked to call Roger Bentley at Southern States, which she did. She placed the call on speakerphone so the fire captain could speak to him directly. He allegedly was told there was an emergency and that immediate assistance was needed from Southern States.
The civil complaint alleges that Bentley responded, “Respectfully, sir, I know you’re doing your job, but I have been doing this a long time and I do not feel it is an emergency.” It is not clear whether this call was recorded.
However, firefighters were obtaining readings with gas sensors that showed high levels of propane inside the Woods home. At 8:22, Woods and another person were evacuated from the residence. Two minutes later, at 8:24, a massive explosion destroyed the building. Two firefighters were trapped in the basement.
Fourth-generation volunteer firefighter Trevor Brown was standing outside when the header above the front door struck him in the head, killing him instantly. Eleven others were injured.
Corroded Tank
Subsequent investigation revealed there were two fingertip-sized holes in the bottom of the underground tank. There was a French drain in the basement leading into the backyard. Investigators believe this drain may have funneled leaking gas into the basement of the Woods home.
As reported previously in this column, Roger Bentley was charged with involuntary manslaughter, and three lesser counts of fire code violations relating to the release of hazardous material. To convict on the manslaughter charge, the prosecution had to demonstrate that, beyond a reasonable doubt, Bentley’s actions were “reckless or wanton,” and that they showed a “callous disregard of human life and of the probable consequences of his act.”
Not an ‘Easy Decision’ — Virginia propane explosion manslaughter conviction
It is apparent that this case presented a very close question as to whether Roger Bentley had the required state of mind to convict him of manslaughter. According to news reports, the Loudoun Commonwealth’s attorney said charging Bentley with a crime was intensely discussed within his office, and that “it wasn’t an easy decision to make.”
After a two-week trial and 22 hours of deliberation, a jury found Roger Bentley guilty on all counts. As of the writing of this article, he had not filed an appeal, although an appeal is entirely possible given what appears to be a very close question on his state of mind. Sentencing is scheduled for Nov. 6. He could face up to 10 years in prison.
