SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
Tolbert Eric Brian

(Last) (First) (Middle)
13631 BRANDY OAKS DRIVE

(Street)
CHESTERFIELD VA 23832

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
MASSEY ENERGY CO [ MEE ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director 10% Owner
X Officer (give title below) Other (specify below)
Controller
3. Date of Earliest Transaction (Month/Day/Year)
11/14/2003
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 11/14/2003 S 695 D $13.6257 11,580 D
Common Stock 11/17/2003 A 2,256 A $13.595 13,836 D
Common Stock 01/16/2004 M 295 A (2) 14,131 D
Common Stock 01/16/2004 D 295 D $20.01 13,836 D
Common Stock 02/09/2004 S 1,935 D $20.05 11,901 D
Common Stock 02/11/2004 G(1) V 513 D (1) 11,388 D
Common Stock 05/04/2004 M 1,521 A $10.5719 12,909 D
Common Stock 05/04/2004 S 1,521 D $24.6849 11,388 D
Common Stock 05/04/2004 M 5,474 A $10.9264 16,862 D
Common Stock 05/04/2004 S 5,474 D $24.6849 11,388 D
Common Stock 08/16/2004 M 7,500 A $10.9264 18,888 D
Common Stock 08/16/2004 S 7,500 D $25.88 11,388 D
Common Stock 09/10/2004 M 73 A (2) 11,461 D
Common Stock 09/10/2004 D 73 D $27.815 11,388 D
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Restricted Units (phantom stock units) (2) 11/17/2003 A 1,421 (3) (3) Common Stock 1,421 $0 1,421 D
Employee Stock Option (right to buy) $13.595 11/17/2003 A 6,927 (4) 11/17/2013 Common Stock 6,927 $0 6,927 D
Restricted Units (phantom stock units) (2) 01/16/2004 M 295 01/16/2004 01/16/2004 Common Stock 295 $0 295 D
Employee Stock Option (right to buy) $10.5719 05/04/2004 M 1,521 (5) 12/08/2008 Common Stock 1,521 $0 0 D
Employee Stock Option (right to buy) $10.9264 05/04/2004 M 5,474 (6) 12/07/2009 Common Stock 5,474 $0 7,500 D
Employee Stock Option (right to buy) $10.9264 08/16/2004 M 7,500 (6) 12/07/2009 Common Stock 7,500 $0 0 D
Restricted Units (phantom stock units) (2) 09/10/2004 M 73 09/10/2004 09/10/2004 Common Stock 73 $0 292 D
Explanation of Responses:
1. Voluntary reporting of a bona fide gift.
2. The settlement price of each restricted unit is the cash value on each vesting date of one share of Massey common stock.
3. These restricted units are payable in cash as they vest in four equal annual installments beginning on November 17, 2004.
4. These stock options vest and become exercisable in four equal annual installments beginning on November 17, 2004.
5. These stock options vested and became exercisable in four equal annual installments beginning on December 8, 1999.
6. These stock options vested and became exercisable beginning on February 2, 2001.
Remarks:
This form was inadvertently filed late due to a misunderstanding about whether the reporting person was considered to be an "officer" for reporting purposes pursuant to Section 16(a) of the Securities Exchange Act of 1934, as amended, since the Company had determined that the reporting person was not considered to be an "officer" for reporting purposes pursuant to Item 401(b) of Regulation S-K under the Securities Act of 1933, as amended. This Form 4 has been filed in conjunction with a Form 3 and two additional Forms 4 filed by the reporting person on this same date.
/s/ Eric B. Tolbert 10/01/2004
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
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