A general contracting company that was found guilty of manslaughter in the death last year of a construction worker vowed on Wednesday to defy a judge’s order that it pay for public service announcements on worker safety.
Ronald P. Fischetti, a lawyer for the company, Harco Construction, said such a campaign would be tantamount to admitting wrongdoing and estimated it could cost hundreds of thousands of dollars. “Harco was innocent the day we walked into this courtroom,” Mr. Fischetti told Justice A. Kirke Bartley Jr. of State Supreme Court in Manhattan, “and they remain innocent today, notwithstanding your Honor’s verdict.”
“We will not obey,” Mr. Fischetti added. “We intend to appeal, and we believe the verdict in this case will be reversed.”
The company’s refusal to comply was an unexpected twist in a closely watched case related to the death of Carlos Moncayo, 22, an Ecuadorean immigrant who lived in Queens, at a site on Ninth Avenue in the meatpacking district of Manhattan, not far from the High Line.
Prosecutors with the Manhattan district attorney’s office argued that Harco had ignored repeated warnings about dangerous conditions at the site, and that the company’s negligence had contributed to the collapse on April 6, 2015, of a 14-foot trench in which Mr. Moncayo was crushed by thousands of pounds of dirt. Last month, Justice Bartley agreed with the prosecutors and found Harco guilty of second-degree manslaughter and criminally negligent homicide, both felonies, and reckless endangerment, a misdemeanor.
In response, the judge ordered that the parties return to court on Dec. 14. If Harco has not complied by then, he said, the court could impose the $10,000 fine.