Former Boone motel operator files lawsuit after charged in 3 deaths at Best Western in 2013

BOONE, N.C. — Three people, including a young boy, died from carbon monoxide poisoning in 2013 at a Best Western in Boone.

The motel’s former operator filed a federal lawsuit.

Damon Mallatere entered a guilty plea Thursday on behalf of Appalachian Hospitality Management.

Daryl and Shirley Jenkins died at the Best Western, in Room 225, in Boone in April 2013.

Less than seven weeks later, 11-year-old Jeffrey Williams died in the same room.

Investigators blamed the deaths on carbon monoxide gas that seeped into the room through a corroded exhaust pipe for the pool's water heater.

(Jeffrey Williams)

"Turned a seemingly innocuous hotel room into a death trap,” the prosecutor said in court.

Prosecutors said hotel staff put profit ahead of people.

Repairs to the heater would have cost $4,300, but a federal lawsuit stated that the grand jury indicted the manager, Damon Mallatere, after police and the town's planning department gave the grand jury inaccurate information.

The lawsuit also said the hotel had a permit and an inspection was done by the town of Boone to convert the pool heater from propane to natural gas.

(Damon Mallatere)

An independent contractor was hired to do the work.

Mallatere was indicted on three counts of involuntary manslaughter.

"Nobody should not feel some responsibility that was involved in this, myself included, but as far as these criminal charges, I am not guilty with what I've been charged with,” Mallatere told Channel 9.

According to the lawsuit, the charges against Mallatere, which were later dismissed after the company pleaded guilty, have made it impossible for him to get a job in the industry.

Those who followed the case closely in Boone believe his lawsuit goes too far.

"How do you go to court, say you're at fault and then say 'You shouldn't have investigated me for it?,'” resident Lauren Miller said.

"I don't think he'll be successful,” resident Rick Weinberger said. “I'm sure there will be an investigation, but it’s just costing the town of Boone money."

Mallatere is seeking in excess of $75,000.

Cox Media Group