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Kenneth Scott McKee, who commanded the boat and was employed by the now defunct “Ride the Ducks Branson” company, has been charged with 29 counts of felony, including 17 counts of first degree manslaughter, according to a criminal complaint.
Charles Baltzell, who worked as the company’s operations supervisor, was charged with 17 counts of first degree manslaughter, according to the complaint.
Curtis Lanham, who worked as a general manager, was indicted in the complaint of 17 counts of first degree manslaughter.
The charges stem from the fatal sinking of a duck – an amphibious vehicle that travels on land and water – at Table Rock Lake near Branson, a popular family vacation spot. Seventeen people, including children, died after the boat capsized in a severe thunderstorm.
McKee’s attorneys told CNN they expected their client to plead not guilty to all 29 counts.
“We are reviewing the charges, anticipate that not guilty pleas will be entered and will continue to vigorously represent Mr. McKee,” said lawyers JR Hobbs and Marilyn B. Keller.
According to the probable cause statement, an “investigation later determined” that the duck “entered Table Rock Lake as part of their Ride the Ducks tour … during a severe thunderstorm warning.”
“McKee drove the duck into the wind” and the duck “gradually took on the water, over the course of several minutes, and eventually submerged behind the Branson Belle, where it sank in about 50 feet of water, the stern first, to the bottom of the lake, ”indicates the probable cause statement.
“Captain McKee failed to perform his duties and responsibilities as a licensed captain by entering the lake during a severe thunderstorm warning. water, ”indicates the probable cause statement.
Baltzell’s “duties included monitoring weather conditions and communicating with Duck vehicles about impending weather conditions” and he “failed these duties on the date of the incident, which contributed to the incident and to subsequent deaths ”, indicates the probable cause declaration.
Lanham, “was responsible for the overall day-to-day management of operations” and he “did not terminate the operation of Ride the Ducks as inclement weather, including lightning, heavy rain and high winds, approached. These actions contributed to the incident and subsequent deaths, ”according to the probable cause statement.
Suzanne Smagala-Potts, spokesperson for Ripley Entertainment, owner of “Ride the Ducks Branson,” told CNN: “We continue to cooperate with all investigations into the sudden and violent storm known as the derecho that struck Table Rock Lake in July 2018, resulting in a tragic accident.Although the Stone County District Attorney has laid criminal charges following the accident, all those charged are entitled to a strong presumption of innocence until such time. that their guilt be proven beyond a reasonable doubt. We have and will continue to offer our support to our current and former employees as this process progresses. ”
CNN contacted attorneys for Lanham and Baltzell but did not receive an immediate response.
Lanham’s attorney, Tom Bath, told the Kansas City Star: “While this is a tragedy, we do not believe that any of those charged have committed any criminal conduct and intend to fight the case in state and federal courts. ”
Justin Johnston, Baltzell’s attorney, told the Kansas City Star that his client “is innocent of all of these charges and we intend to plead not guilty and vigorously challenge them. This is a tragic accident. caused by a – in a generation storm and he is not guilty of what he is accused of. ”
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