The case was dismissed without prejudice to way for prosecutors retry the case by filing the first claim of manslaughter against Scott McKee, boatman captain; Curtis Lanham, general manager of Branson Duck Ride; and Charles Balzell, manager on duty that day.
Judge in his decision expressed “great sadness for this unnecessary loss of life and influence on victims’ family and friends,” but said there was not enough evidence “to support in male responsibility or intent required for allegations of an issue as defined by Missouri law.”
Attorney General Eric Schmitt, citing the office’s commitment to “fighting for justice” for victims re-charged with manslaughter last Thursday.
Lawyers for Lanham and Baltzell said they were disappointed with prosecutor’s office decisionpointing out what the judge had already made his decision on dignity of accusations. CNN searched comment from McKee’s lawyer.
AT probable cause statement, prosecutors accused McKee of misdemeanor in decision to enter the lake during a heavy thunderstorm warning and unable follow policy not instructing passengers to put on personal rescue equipment.
Almost two-year- long probe NTSB found “systemic problem with company as a whole,” the investigator said on board meeting in 2020. board I decided against specifically naming captain of stretch duck 7 in his findings of guilt.
“You can not know what are you not doing know,” NTSB Chairman Robert Sumwalt said, noting that the vessel had come ashore. of Table Rock Lake on July 19, 2018, “was smooth as glass on that lake.”
At the time, Ripley Entertainment and Ride the Ducks Branson said in companies’ statement “fully cooperated” with investigation by the NTSB and remained “dedicated to the work with in community of Branson, and continuing our support of all those who injured in the accident.” The companies stated that review report and did not address specific findings.
Blankenship, referring to the investigation, noted in there was no evidence in his decision that McKee, Lanham or Baltzell knew of approaching strong wind.
Lanham’s attorneys, Trisha and Tom Bath, in The statement noted that the statefailed install probable cause.”
“Without any new evidence, the State made the same accusations as the court. already carefully evaluated,” the statement said. “The position is clearly hoping to get a different outcome in front of a different judge. We do not see reason expect a different outcome.”
Balzell’s attorney, Justin Johnston, also noted that the court weighed the charges and found them to be “without merit”.
“Paraphrasing the same evidence already regarded by the court as a waste of time and in vain prolongs the pain for everyone is involved,” Johnston said. Baltzel did not commit any crimes as a court already found and will be one day again defend vigorously.”
In a joint statement when the charges were dropped last week, lawyers for three defendants said they respected decision and called the sinking “a tragedy for all who have been affected.”
Correction: previous version of This story misspelled name of lawyer Justin Johnston.
Eric Levenson of CNN contributed to this report.
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