Judge Dismisses Manslaughter Charges in Duck Boat Accident That Killed 17

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.

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.

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.

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.