Stone County criminal case dismissed against Branson duck boat employees for 2018 tragedy
A Stone County judge announced Tuesday afternoon that the criminal case against three Ride the Ducks Branson employees — charged for their roles in the 2018 tragedy where 17 people drowned as an amphibious duck boat sank on Table Rock Lake — would be dismissed.
"Calling this a tragedy is an understatement," Judge Alan Blankenship said before issuing his decision to dismiss the cases against duck boat captain Kenneth Scott McKee, operations supervisor Charles Baltzell and general manager Curtis Lanham.
The three men had been charged in state court last July each with 17 counts of involuntary manslaughter. McKee also faced endangering the welfare of a child charges.
Blankenship, in his decision, said that the prosecution needed to prove that the defendants acted "recklessly and knowingly" on the day in question to be found criminally culpable. After reviewing the evidence he did not think the employees acted in a way that reached that threshold based on precedent and the statutes outlined in Missouri law.
Previously:Three Ride the Ducks employees charged in connection with 17 deaths in 2018 duck boat sinking
"The court feels a great sadness for this needless loss of life and the impact on the victims' family and friend," Blankenship wrote in his decision. "However, because the court does not find sufficient evidence to support the mens rea or intent required for the charges at issue... the court dismisses each count against each defendant."
Each count of involuntary manslaughter had a maximum sentence of 10 years in prison, however, the endangering the welfare of child charges for McKee carried possible life sentences.
The judge had been deliberating whether or not to let the case move forward to trial court since December when a multi-day preliminary hearing was held during which the state was tasked with proving there was probable cause that the defendants had committed the felonies.
More:What happened during the Branson duck boat tragedy?
Prosecutors argued that the trio was negligent in letting the ride take place when severe weather was approaching. The boat took on water and sank during a storm, 17 of 31 passengers died, nine of which were from the same Indiana family.
Lawyers for the defendants have maintained that this was a tragic accident and not a criminal act.
Following the decision J.R. Hobbs, a lawyer for McKee speaking on behalf of all of the defendants, said they respect the court's decision.
“This was a tragedy for all involved," Hobbs said, "and because of that we have no further comment on the matter."
Stone County Prosecutor Matt Selby said he was "disappointed in the results" and the state was considering whether to refile the cases or appeal the decision, which should be announced within the next couple of days.
McKee, Baltzell and Lanham were initially charged in federal court, but a judge threw out the case there after determining that Table Rock Lake was not a navigable waterway under federal jurisdiction. However, the U.S. Attorney’s Office appealed that decision and is continuing to litigate the case in the United States Court of Appeals for the Eighth Circuit.
Previously:Following the tragedy in Branson, will duck boats ever ride again in Missouri?
Jordan Meier covers public safety for the Springfield News-Leader. Contact her at jmeier@news-leader.com, or on Twitter @Jordan_Meier644.