The state report says one boulder about the size of a large microwave oven traveled 649 feet down the wooded mountainside before crashing through Jeremy's bedroom wall.
The A&G work crew did not learn about it until an hour later, when a mechanic driving home at the end of his shift passed the Davidsons' house and saw the ambulance. After asking what had happened, he returned to the mountaintop to alert his co-workers.
The agency contends that Jeremy Davidson died not because the laws were lax but because existing laws and rules were broken. It has accused A&G of "gross negligence." Elsey Harris, an attorney for A&G, declined to comment, citing the lawsuit and potential criminal charges.
The Davidsons have largely stayed out of the public debate that has ensued. When asked in an interview whom they blame for their son's death, they turned to their attorney, Del. Terry G. Kilgore (R-Scott).
"Anytime you have steep inclines like this, you shouldn't be pushing boulders toward people's residences," he said.
"It's an accident waiting to happen."
That conclusion is supported in two reports the state mining agency has issued. It said the mining company's permit did not authorize the road widening.
It accused the company of negligence for doing the work at night above occupied dwellings and using an inexperienced bulldozer operator working without adequate lighting.
It issued three violations and fined A&G the legal maximum of $5,000 for each violation. The company is appealing the citations.
Since the accident, the Department of Mines, Minerals and Energy has stepped up its review of mining operations in the area.
Inspectors have flown over the mountains in a helicopter looking for violations and visited every local mine, seeking potential problems.
Many residents are angry at the agency, believing it has failed to protect them. Some never complained, saying they knew that nothing would come of it. Local legislators appointed by Gov. Mark R. Warner (D) to a panel overseeing the investigation said they were struck by the level of frustration.
"Not only are they down on the coal companies, they're down on DMME," said Sen. Phillip P. Puckett (D-Russell), who attended a four-hour meeting with residents last month. "The last thing they said to us was, 'Thank you for coming and hearing us, but we don't think you're going to do anything.' There's an issue of credibility."
Abbott, the agency spokesman, said there is little more that investigators can do unless laws are strengthened. The agency has proposed several changes, including a requirement that the companies notify nearby residents of their plans at least three hours before work begins.
The agency also has suggested increasing the maximum penalty for violations resulting in injury from the current $5,000 to $70,000.
The Davidsons say they would be pleased if new requirements arising from their tragedy were passed. They would like them to be known as "Jeremy's law."
"It would be an honor to his memory," said Cindy Davidson.
As Christmas approached, Jeremy's loss was keenly felt by his parents and brother. They did not put up a tree in their rented apartment, because the boulder tore through the closet where the ornaments were stored.
The accident has been particularly hard on Zachary, they said. Most weekends, they take him to visit his brother's grave. He usually picks up the ceramic bunny rabbits the Davidsons have placed among the artificial flowers.
After one of their last visits, he told them, "When we move, I don't want to live by a hill. I may be next."
