WOBURN, Mass. — A Billerica auto auction and its operator have been charged with manslaughter in connection to a crash inside the building that killed five people in 2017.
James Lamb, 67, owner of the Lynnway Auto Auction in Billerica, was released on personal recognizance after his brief arraignment in Middlesex Superior Court.
Three people were killed in the crash and two of the nine people injured died in the wake of what was called a "tragic accident" in May 2017. Earlier this year, the company and its owner, Lamb, were charged with five counts of manslaughter after an extensive investigation.
Lamb pleaded not guilty to the charges.
"The indictments allege the company and Mr. Lamb are both responsible for not taking actions that could have prevented this tragedy," District Attorney Marian Ryan said in a news conference in March.
OSHA hit the company with two serious violations in 2014, citing the facility "failed to require the use of traffic control devices," putting employees at risk among moving vehicles.
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In the nearly two years since, the auto auction has faced lawsuits, fines and OSHA citations in relation to the crash.
According to Ryan, the company had been told to install safety provisions in the building that would have kept spectators and bidders from crossing in front of vehicles as they moved through the building.
"He signed a certification with OSHA that those changes would be made," Ryan said.
According to the DA's office, changes were not made and the company should be held responsible.
"He did not implement the safety measures that would’ve protected the pedestrians mingling and maneuvering between and around the moving vehicles like they were the day of the crash," Ryan said.
Ryan said the charges were new territory for her office.
"This marks the first time that our office has charged a corporation with manslaughter," Ryan said. "The indictments allege that the company and Mr. Lamb were criminally responsible for having consciously failed to take the appropriate actions to prevent this tragedy."
Ryan said the company could face only a $1,000 penalty per manslaughter charge -- up to $5,000 in this case -- but would face much harsher penalties under new statutes enacted since the crash occurred.
Lamb's attorney, Hank Brennan, said outside court that the company "took every safety measure known" in the industry to protect customers and workers.
"He has been in the auto auction business for over 47 years and there is no way he ever, ever could have anticipated the terrible tragedy that occurred that day," the attorney said.
What happened was an accident, not a crime, Brennan said.
Lamb could face a maximum of 20 years in prison per count -- up to 100 in this case -- according to Ryan.
The Occupational Safety and Health Administration later cited the business for a range of infractions, including blocked exit routes, electrical hazards and record-keeping deficiencies and recommended $267,000 in fines.
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The Associated Press contributed to this report.