The case was dismissed without prejudice, paving the way for prosecutors to retry the case by re-filing charges of first-degree manslaughter against Scott McKee, the ship’s captain. Curtis Lanham, general manager of Ride the Ducks Branson. and Charles Balzell, the manager on duty that day. The judge in his ruling expressed “great regret for this pointless loss of life and the impact on the families and friends of the victims”, but said there was insufficient evidence “to support the masculine reason or intention required for the charges in question”. , as defined by the law of Missouri “. Attorney General Eric Smith, citing his office’s commitment to “fight for justice” for the victims, re-filed the negligent homicide charges last Thursday. Lanham and Baltzell’s lawyers said they were disappointed with the prosecutor’s decision, noting that the judge had already ruled on the substance of the charges. CNN asked McKee’s lawyer for comment. The accusations stem from the deadly 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. McKee, Lanham and Baltzell were initially charged in federal county 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 July 2021, the three men were indicted a state court report 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. 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 a 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.” At the time, Ripley Entertainment and Ride the Ducks Branson said in a statement that the companies “fully cooperated” with the NTSB investigation and remained “committed to working with the Branson community and continuing to support all those affected by the the accident. .” The companies said they would review the report and did not comment on the findings. Blankenship, citing the investigation, noted in its decision that there was no evidence that McKee, Lanham or Baltzell knew about the coming strong winds. Lanham’s lawyers, Tricia and Tom Bath, said in a statement that the state “failed to prove the cause.” “Without new evidence, the state has re-filed the exact same charges that the court has already thoroughly assessed,” the statement said. “The state clearly hopes to have a different result before a different judge. We see no reason to expect a different result.” Balzell’s attorney, Justin Johnston, also noted that a court weighed the charges and found them “unfounded.” “Repeating the same facts that the court has already examined is a waste of time and unnecessarily prolongs the pain for all involved,” Johnston said. “Mr Baltzell has not committed any crime, as the Court has already found, and he will once again vigorously defend himself.” In a joint statement when the charges were dismissed last week, the lawyers of the three defendants said they respected the decision and described the sinking as “a tragedy for all those affected”. Correction: An earlier version of this story mistyped the name of lawyer Justin Johnston. CNN’s Eric Levenson contributed to this report.
