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Judge Dismisses Manslaughter Charges in Duck Boat Accident That Killed 17

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A Missouri choose on Tuesday dismissed all prison costs towards three tour boat firm staff in reference to a 2018 accident that killed 17 individuals close to Branson, ruling that not sufficient proof had been supplied to help the counts of involuntary manslaughter and baby endangerment.

In his resolution, Decide Alan Blankenship of circuit courtroom in Stone County wrote that prosecutors had not proven that the staff dedicated felony offenses by taking the boat out on Desk Rock Lake earlier than highly effective thunderstorms struck.

State and native prosecutors, who pursued the case collectively, argued at a preliminary listening to that the staff mustn’t have taken the boat out on the lake as unhealthy climate approached and that, in the event that they had been going to take action, they need to have had the passengers put on flotation units, in accordance with Decide Blankenship’s resolution.

However the choose wrote that prosecutors had not supplied “ample proof” to indicate the intent required to show the fees. Prosecutors, he wrote, would have needed to present that the staff had been appearing recklessly or knowingly regardless of the circumstances.

Decide Blankenship dismissed the case with out prejudice, that means that prosecutors may carry costs once more.

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Chris Nuelle, a spokesman for the Missouri lawyer basic’s workplace, mentioned in an announcement on Tuesday that the workplace was “dissatisfied” within the courtroom’s resolution. He didn’t reply questions on why the choose was permitting the prosecutors to file costs once more.

“Our workplace hopes to refile costs and proceed this case,” he mentioned.

Matt Selby, the Stone County prosecuting lawyer, mentioned that he was additionally “dissatisfied” within the choose’s ruling however that “we’ll be making an attempt to decide within the subsequent two or three days about what our subsequent step might be, if something.”

Legal professionals for the three staff — Kenneth Scott McKee, Charles Baltzell and Curtis Lanham — every mentioned on Tuesday that they revered the courtroom’s resolution.

“It is a horrible tragedy for all concerned,” Justin Johnston, a lawyer for Mr. Baltzell, mentioned.

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Mr. McKee’s legal professionals, J.R. Hobbs and Marilyn B. Keller, and Mr. Lanham’s legal professionals, Thomas Bathtub and Tricia Bathtub, additionally mentioned on Tuesday that the accident had been a tragedy however that they didn’t suppose it was acceptable to remark additional.

The three staff had been charged in July final yr with a complete of 63 prison counts.

Mr. McKee, 54, the captain; Mr. Lanham, 39, the final supervisor; and Mr. Baltzell, 79, the supervisor on obligation, had been among the many 31 individuals on the boat when it sank on July 19, 2018. An investigation by the Nationwide Transportation Security Board discovered that the staff had taken the boat, Stretch Duck 7, out on calm waters earlier than winds picked up and heavy rain and lightning battered the area.

“In hindsight, it’s evident that the defendants didn’t have sufficient climate data to understand the specter of excessive winds,” Decide Blankenship wrote.

He mentioned that their firm, Journey the Geese Branson, had relied on a broadly used on-line climate device, Earth Networks, to examine the situations earlier than the tour and that it had confirmed an approaching storm however not sturdy winds.

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Decide Blankenship wrote that the climate device and the staff’ view of the sky “doubtless appeared” that the boat may keep away from the storm.

He additionally mentioned that there was no proof that Mr. McKee, the captain, who had 16 years of expertise, had “an affirmative obligation” to require passengers to put on flotation units.

Ripley Leisure, which acquired Journey the Geese Branson in 2017, mentioned in an announcement on Tuesday that it had cooperated with all the investigations into the accident and that it could “proceed to help our present and former staff.”

A federal choose dismissed neglect and misconduct costs towards the three staff in December 2020.

Among the many 17 individuals who died had been youngsters and a household of 9. The boat sank 85 toes underwater as onlookers heard individuals screaming and watched the boat being swamped by the surging waves. It was one of many deadliest accidents involving a tour boat in U.S. historical past.

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Atos crisis deepens as biggest shareholder ditches rescue plan

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Atos crisis deepens as biggest shareholder ditches rescue plan

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A rescue bid for French IT services group Atos led by its largest shareholder has collapsed, casting the future of the troubled group into doubt once again.

Atos said on Wednesday that the consortium led by Onepoint, an IT consultancy founded by David Layani, had withdrawn a proposal that would have converted €2.9bn of Atos debt into equity and injected €250mn of fresh funds into the struggling company.

“The conditions were not met to conclude an agreement paving the way for a lasting solution for financial restructuring,” Onepoint said in a statement on Wednesday.

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The decision by Onepoint comes less than a month after Atos had picked its restructuring proposal over a competing plan from Czech billionaire Daniel Křetínsky. Atos said on Wednesday that Křetínsky had already indicated he wanted to restart talks.

Once a star of France’s tech scene, Atos is racing to strike a restructuring deal by next month as it struggles under its €4.8bn debt burden. It has cycled through multiple chief executives over the past three years and its shares have collapsed. They were down 12 per cent in early trading on Wednesday.

Atos also said it had received a revised restructuring proposal from a group of its bondholders.

“Discussions are continuing with the representative committee of creditors and certain banks on the basis of this proposal with a view to reaching an agreement as soon as possible,” the company said. 

Jean-Pierre Mustier, former chief executive of Italian lender UniCredit, was installed as chair in October 2023 and given the task of putting Atos on a stable footing for the future. Since his appointment, several efforts to stabilise Atos through asset sales have fallen apart.

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If talks with Křetínsky do restart, it will mark the Czech businessman’s third attempt to do a deal with Atos after an earlier plan to buy its lossmaking legacy business unravelled.

One of the people close to the talks said creditors had not necessarily become more receptive to Kretinsky’s plan given it cutting a larger chunk of the group’s debt.

The crisis at Atos has prompted the French government to intervene. It is currently seeking to acquire three parts of Atos that are deemed of importance to national security for up to €1bn.

Atos said on Wednesday it had concluded a deal with the French state that would give it so-called “golden shares” in a key Atos subsidiary, Bull SA. The agreement also gives the government the right to acquire “sensitive sovereign activities” in the event a third party acquired 10 per cent of the shares — or a multiple thereof — in either Atos or Bull.

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New Jersey gamer flew to Florida and beat fellow player with hammer, say police

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New Jersey gamer flew to Florida and beat fellow player with hammer, say police

An online gamer from New Jersey recently flew to Florida, broke into the home of a fellow player with whom he had feuded digitally but never met in person, and tried to beat him to death with a hammer, according to authorities.

The allegations leveled by the Nassau county, Florida, sheriff’s office against 20-year-old Edward Kang constitute an extreme example of a phenomenon that academics call “internet banging” – which involves online arguments, often between young people, that escalate into physical violence.

As Bill Leeper, the local sheriff, told it, Kang and the man he is suspected of attacking became familiar with each other playing the massively multiplayer online role-playing game ArcheAge.

The Korean game is supposed to no longer be available beginning Thursday, its publisher announced in April, citing a “declining number of active players”, as ABC News reported. But prior to the cancellation, Kang and the other player became locked in some sort of “online altercation”, Leeper said at a news briefing Monday.

Kang then informed his family that he was headed out of town to meet a friend he had made through gaming, Leeper recounted. The sheriff said Kang flew from Newark, New Jersey, to Jacksonville, Florida, and booked himself into a hotel near his fellow gamer’s home early Friday morning.

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He had allegedly bought a hammer and a flashlight at a local hardware store, receipts for which deputies later found in Kang’s hotel room.

By early Sunday, Kang purportedly had put on black clothes, gloves and a mask, and he went into his target’s home through an unlocked door. He waited for the victim to get up to take a bathroom break from gaming – and then battered him with the hammer, Leeper said.

The alleged victim managed to wrestle Kang to the ground while screaming for help. The victim’s stepfather woke up after hearing the screams, rushed to his stepson’s side, helped take Kang’s hammer away and restrained him until deputies were called and they arrived, according to Leeper.

Deputies found blood at the home’s entrance and in the bedroom of the victim, Leeper added. The sheriff said the victim was brought to a hospital to be treated for “severe” head wounds while deputies jailed Kang on counts of attempted second-degree murder and armed burglary.

Leeper accused Kang of telling deputies that he carried out the violent home invasion because he believed the target to be “a bad person online”. Kang also allegedly asked investigators how much prison time was associated with breaking and entering as well as assault.

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Attempted second-degree murder alone can carry up to 15 years. Leeper quipped that his only answer to Kang was: “It will be a long time before you play video games.”

Striking a more serious tone, Leeper urged people to be vigilant about and report to authorities any suspicious online behavior aimed at them. He also mentioned the importance of locking one’s home.

“This … serves as a stark reminder of the potential real-world consequences of online interaction,” Leeper said.

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Central banks urged to keep pace with ‘game changer’ AI

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Central banks urged to keep pace with ‘game changer’ AI

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