InvestigativeMedia is posting the settlement agreement, settlement agreement and order and the revised citation issued by the Arizona Division of Occupational Safety and Health against the Arizona Forestry Division in connection with the June 30, 2013 deaths of 19 members of the Granite Mountain Hotshots while fighting the Yarnell Hill Fire.
InvestigativeMedia will post the settlement agreement between ADOSH, the Forestry Division and the 12 families of the deceased hotshots when it becomes available. One remaining lawsuit brought by the mother of Granite Mountain Hotshot Grant McKee remains in litigation.
© Copyright 2015 John Dougherty, All rights Reserved. Written For: Investigative MEDIA
>> John Dougherty said…
>>
>> One remaining lawsuit brought by the mother of Granite Mountain Hotshot
>> Grant McKee remains in litigation.
Marcia McKee was the first to file a ‘wrongful death’ suit on behalf of her son Grant… and I hope the lousy settlement the other family members just decided to agree to convinces her that she should NOT even enter ( or continue ) any settlement talks with the defendants.
Win or lose… the BEST thing Marcia McKee could do is simply let her civil action proceed to trial.
There only has to be ONE active court case in order for any number of participants and witnesses to be “called to the stand” and have to tell “the truth, the whole truth, and nothing but the truth”.
Even the family members who just agreed to this lopsided settlement said at the settlement press conference itself that “there is still work to do”… and that they intend to still continue to find out what REALLY happened that weekend in Yarnell.
There are people that were involved with the tragedy who will obviously ONLY tell what they know if they are FORCED to do so.
So I hope Marcia McKee realizes that… and also realizes that she alone now has one of the only remaining legal instruments to finally get some of these people to tell the truth.
Even if she LOSES the proceeding… most ( or perhaps all ) of what still needs to be discovered has a good chance of simply coming out DURING the trial… and that will be the best thing she could possibly cause to happen for ALL the families of the fallen.
Followup…
This is related to the post above about Marcia McKee and her remaining litigation… and is proof that even attorney Patrick McGroder knows that the Arizona Attorney General Mark Brnovich ( and his staff assigned to fight McGroder and the Granite Mountain family members ) actually “got the better of him” during the settlement negotiations in the ‘other’ wrongful-death case(s) that just ‘settled’ out-of-court.
The Settlement Press Conference that was just held on June 29, 2015 was video-taped by the Phoenix FOX10 news organization. The VIDEO is 45 minutes and 33 seconds and it is publicly posted HERE…
YouTube title: FNN: Yarnell Hill Fire Settlement Press Conference
Posted by YouTube User: FOX 10 Phoenix
https://www.youtube.com/watch?v=K7GASJl5T6Q
The following is a transcript of the final few moments of the press conference when the attorney for the GM Hotshot family members, Patrick McGroder, was answering a reporter’s question “What about McDonough and Blue Ridge?”
Mr. McGroder finishes his answer, and that is the end of the press conference, but the microphone was still ‘HOT’ and we hear Mr. McGroder then saying a final “Thank you” to Arizona Attorney General Mark Brnovich… but then McGroder CLEARLY says to his opponent…
“You GOT me!”
From the Press Conference VIDEO / AUDIO…
—————————————————————————————
+41:49
( Attorney for the Hotshot familes Pat McGroder ): Now… whether or not… uh… the Federal Government decides to HIDE again as they did in another one of my cases, fast and furious, we’ll see.
Uh… but at the end of the day… uh… I am comfortable that to the extent there are FACTS out there that we may or may not know… or a spin on those facts that we may or may not know… that information will be forthcoming.
Thank you all for coming.
( Moderator ): There’s some additional information in the back… if you don’t have the details with ADOSH… back there with the gentleman… back there. Some of us will be stickin’ around. Thank you all for coming.
( The open microphone then captures the following verbal exchange between Plaintiff’s attorney Pat McGroder and Arizona Attorney General Mark Brnovich where McGroder admits to Brnovich… “You got me!” during their mano-y-mano “Thank you… NO.. thank YOU” moment on the stage )…
+42:24
( Pat McGroder ): Mark… thanks man.
( They shake hands and pat each other on the back ).
( Attorney General Mark Brnovich ): Thank you, brother. Thanks for everything.
( Pat McGroder ): Thank you.
( Attorney General Mark Brnovich ): Thank YOU, seriously.
( Patrick McGroder ): You got me!
( Attorney General Mark Brnovich ): ( Laughs… three HA, HA, HA’s ).
( The video camera is now turned OFF ).
END OF PRESS CONFERENCE VIDEO
—————————————————————————————————
So basically… we now hear from GM family attorney Patrick McGroder himself that he KNOWS Attorney General Brnovich “got the better of him” during these negotiations.
It was NOT a ‘win’ for the families.
McGroder KNOWS he LOST those ‘negotiations’.
So Marcia McKee should not even ‘consider’ negotiating with Arizona Forestry or the Arizona Attorney General Mark Brnovich.
She should just let her civil suit go to trial… and win or lose… the fact that most of what remains to be ( or even CAN be ) discovered about exactly how and why her son Grant McKee ( and the rest of the GM Hotshots ) died will most likely come out DURING the trial itself.
There is actually a clear (visual) view of Patrick McGroder’s “You GOT me!” moment at the end of the press conference video itself.
The camera was panning back and around at the end of the conference but at the very moment when GM Hotshot families’ attorney McGroder and his ‘opponent’ Arizona Attorney General Brnovich are having their mano-y-mano “Thank you… NO… thank YOU” moment…
The foreground clears and at exactly +42:30… McGroder says… “You GOT me!”…
…and he is clearly pointing his finger right at Brnovich’s chest when he says it.
Then Brnovich is clearly seen laughing his three “HA HA HA’s” in response just as the video is “fading to black”.
If anyone is having ANY trouble hearing McGroder admit to his opponent Brnovich that the Attorney General “got the better of him” in this case… just look for that moment at +42:30 when McGroder is clearly pointing his finger at Brnovich up there on the stage.