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Charlie Riedel / AP
A federal grand jury on Thursday handed down an indictment for criminal negligence and misconduct against the captain and operator of the boat that sank on Table Rock Lake in Missouri, killing 17 people over the summer.
Kenneth Scott McKee was piloting the amphibious boat when it sank in a sudden violent storm on July 19. He is charged with 17 counts of misconduct, negligence and inattention to duty by a ship's officer, U.S. Attorney Tim Garrison's advertised at a news conference.
"Each of the 17 counts in this indictment represents a life that was lost when Stretch Duck 7 sank while being piloted by Mr. McKee," Garrison said.
He added, "The indictment alleges that," The government alleges that the captain ignored warnings of approaching high winds and lightning and that it operates under the conditions of the United States Coast Guard.
The Ride the Ducks Branson boat was captivated by the city of Branson. Seventeen of the 31 passengers and crew members aboard the tourist vessel died, including nine from the same family.
"KSMU Ozarks Public Radio Reporter Jennifer Moore told NPR. The National Weather Service reported wind speeds reached 65 mph.
Stretch Duck 7 was one of two vehicles in the water at the time the thunderstorm rolled in. Both struggled with the surging waves but the other eventually made it across the lake. The state attorney general suggested there were multiple opportunities. McKee could have also returned safely to shore.
Even in the case of the boat that made it to safety, Garrison remarked that the driver acted in a "grossly negligent manner."
Commercial vessels like the Ride of the Ducks are exempt from a state law that requires age 7 and under to wear life jackets.
A preliminary review by the National Transportation Safety Board of the boat's digital video recorder system indicates that McKee conducted a safety briefing that included "the location of emergency exits to the location of the life jackets" approximately 10 minutes before "whitecaps quickly appeared the water and winds increased. "
As NPR's Sasha Ingber reported:
"Tia Coleman, a survivor who has died, said," We have not heard of that. "
"He said," Above you are your life jackets. There's three sizes. "He says," I'm going to show you where they are. But you will not need them, so no need to worry. "So we did not grab them. "
When contacted, Ripley Entertainment, which owns Ride the Branson Ducks, declined to comment immediately.
The land and water boats were originally used by the US Military in World War II. In the ensuing decades they have been repurposed for tourist rides around the country.
Concerns about the boats' safety have been raised for decades. Nearly 20 years ago, the NTSB sounded after 13 people died in Arkansas. "Since 1999, 42 deaths have been associated with duck boat accidents," the AP reported.
Garrison said the investigation is ongoing. It is unclear if others will be indicted.
If convicted, McKee could face up to 10 years in federal prison without saying for each count, plus a $ 250,000 fine, officials said in a statement.
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