GALENA, Mo. — On Tuesday, a Missouri judge dismissed all 63 criminal state charges against three men charged in a deadly boat sinking.
ABC affiliate KY3 reports Judge Alan Blankenship has said the unique characteristics of the boat lead to it rapidly sinking. He also said the staff did not have enough information about the changing weather on the lake.
"Calling this a tragedy is a complete understatement. It's a tremendous loss of life. I'm sorry for what happened," Blankenship said.
The charges were dismissed without prejudice, meaning it is possible to re-file charges against all three men.
Seventeen people, including nine members of the Coleman family from Indianapolis, died when the duck boat capsized and sank on on Table Rock Lake near Branson on July 19, 2018. There were 31 people total were on board. Tia Coleman, one of two surviving family members from the tragedy, was in the courtroom and did not want to comment to KY3 after the ruling.
Captain Kenneth McKee, general manager Curtis Lanham and manager on duty Charles Baltzell, all Ride the Ducks employees, were charged in state court in July 2021. Each faced 17 counts of first-degree involuntary manslaughter, and McKee also faced 12 counts of endangering the welfare of a child.
In December 2020, a federal judge dismissed neglect and misconduct charges against the three employees.
RELATED: Bill inspired by 2018 Missouri duck boat tragedy passes U.S. House
"On behalf of all involved we respect the court's decision. It was a terrible tragedy for everyone affected. Under these circumstances, we don't believe any further comment is appropriate," J.R. Hobbs, McKee's defense attorney, said.
“This case represents a terrible tragedy for all involved, but we respect the court’s decision and we have no further comment at this time," John Justin Johnston, attorney for Baltzell, told WRTV.
A spokesperson for the Missouri Attorney General released the following statement to WRTV:
"The evidence is clear the defendants were aware of an approaching storm, but there is no evidence they were aware of the gust front "high winds several miles ahead of the approaching storm," a court document signed by Blankenship said. "The evidence does not support the mens rea [intent] element of 'reckless or acts recklessly' as defined by Missouri law."
The document goes on to say "this court feels great sadness for this needless loss of life and the impact on the victims' family and friends. However, because the court does not find sufficient evidence ... the court dismisses each count against each defendant."
In a statement to KY3, Tia Coleman's attorney, Andrew Duffy, said "There was an indefensible decision made to have the duck boats try to 'beat the storm' instead of refunding passenger money. That catastrophic decision cost 17 innocent souls their lives and destroyed families. To have no one criminally responsible for the senseless, easily preventable loss of life would be grossly unjust."
Stone County Prosecuting Attorney Matt Selby tells WRTV they are working with the attorney general's office and that the dismissal was a stage in the proceedings. They are considering options and could make a decision in the next few days, Selby said.
WRTV has reached out to Lanham's attorney for comment and have not heard back.
-
WNBA All-Star 2025: What to know about security, traffic and more
The briefing is providing important updates on street closures, safety protocols, and emergency response coordination.Rockstar Pizza's 'pizza rock' hunt boosts community spirit in Brownsburg
The hand-painted "pizza rock" treasure hunt, began five years ago and has taken social media by storm. This fun community activity encourages residents to search for a hidden rock.31 years later, Franklin police identify parents in 'Baby Hope' cold case
A cold case from 1994 that captured national attention was the focus of a significant update from Franklin Police on Monday.New early learning center aims to bring hope to Speedway’s “childcare desert”
The Weston School is opening a new early learning center in Speedway to address the area’s childcare shortage, but recent state cuts to voucher programs may limit access for low-income families.