“This court is deeply saddened by this pointless loss of life and the impact on the victims’s family and friends. “defined by Missouri law, the court rejects any charge against any defendant,” he wrote. The case was dismissed without prejudice, which means that prosecutors can retry the case. The allegations stem from the fatal sinking of a duck boat – an amphibious vehicle that travels on land and water – on a lake near Branson, a popular place for family vacations. Of the 31 passengers, 17 lost their lives after the boat capsized during a strong storm and strong winds. Scott McKee, the captain of the boat. Curtis Lanham, general manager of Ride the Ducks Branson. and Charles Balzell, the manager on duty that day, were initially charged in federal indictment 47. However, a federal judge dismissed those charges in December 2020 over a matter of jurisdiction and recommended that the case continue at state level. In 2021, the three men were indicted in a state court with a total of 63 charges. including 17 counts each of involuntary first-degree homicide. In a statement of possible cause, prosecutors accused McKee of wrongdoing in deciding to enter the lake during a strong storm warning and of not following policy by not directing passengers to wear personal flotation devices. However, an investigation by the National Transportation Safety Board found that Ride the Ducks Branson, the travel agent, and its parent company, Ripley Entertainment, were responsible for the incident because managers did not announce the weather forecast to the ship’s captain. . The NTSB investigation, which lasted nearly two years, found a “systemic problem with the company as a whole,” a researcher told a 2020 board meeting. The board decided not to name the Stretch Duck 7 captain in its findings. “You can not know what you do not know,” said NTSB President Robert Samwalt, noting that when the boat reached the shores of Table Rock Lake on July 19, 2018, “it was glassy prey on this lake.” Judge Blankenship, referring to the investigation, noted in his decision that there was no evidence that McKee, Lanham or Baltzell knew about the coming strong winds. Joint statement by McKee’s lawyers JR Hobbs and Marilyn Keller. Tom and Tricia Bath, Lanham attorneys. and Justin Johnston and Jon Bailey, Baltzell’s lawyers, said they respected the dismissal decision. “This was a tragedy for all those affected. We do not think any further comment is appropriate at this time,” they said. “We respect and agree with the Court’s ruling,” added Lanham’s lawyer, Tricia Bath. “We have long held the position that the tragic loss of life was not the result of any criminal act by our client or anyone else. Judge Blankenship heard a lot from both sides and made a decision that we believe reflects the facts correctly. in case.”
