The Clark County Sheriff’s Office has declined to criminally investigate a Vancouver-based company that, state officials concluded, had violated youth labor laws, resulting in the permanent disability of a teenage employee in 2023.
The sheriff’s office cited a lack of victim and witness cooperation as the reason for not investigating, according to a June 11 letter.
A 16-year-old worker, participating in a school work-for-credit program at Rotschy Inc. in June 2023, had been digging a trench using a machine that state law prohibits minors from operating. When the trench collapsed, his legs were pulled into the machine and they were both amputated. The company faced $208,0259 in fines for safety and youth labor violations.
The injured worker was kept on Rotschy’s payroll throughout his recovery and eventually returned to work in the construction company’s office. He and his family have said they do not blame Rotschy for his severe injuries, calling what happened an accident.
Earlier this year, the Department of Labor & Industries asked the Clark County Prosecuting Attorney’s Office to prosecute Rotschy on criminal charges. It was the first time the state’s workplace-safety enforcement agency pursued felony charges over a youth labor violation. The prosecutor’s office sent the referral to the Special Victims Unit at the sheriff’s office for further investigation.
“Having reviewed the records, I found there was a factual basis for the allegation that a felony crime had occurred in this case; however, further investigation would be required,” a Clark County detective sergeant wrote in the June 11 letter.
Lizz Giordano
The letter went on to say the detective had contacted the injured worker and his family, and that they had declined to participate in a criminal investigation.
“I respect the right of citizens to decline to participate in criminal investigations and/or assist in criminal prosecutions,” the letter stated. “As such, I have declined to assign this referral for a criminal investigation.”
Erik Podhora, the senior deputy prosecuting attorney with Clark County assigned to the case, told Cascade PBS the prosecutor’s office is still reviewing the case.
