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Federal charges filed against captain of deadly Missouri duck boat

Rescue personnel work after an amphibious "duck boat" capsized and sank, at Table Rock Lake near Branson, Stone County, Missouri, U.S. July 19, 2018 in this still image obtained from a video on social media. SOUTHERN STONE COUNTY FIRE PROTECTION DISTRICT/Facebook/via REUTERS

(Reuters) – The captain of the World War Two-style tourist “duck boat” that sank on a Missouri lake during a storm in July killing 17 people was charged on Thursday with misconduct, negligence and inattention to duty by a federal grand jury, prosecutors said.

Kenneth Scott McKee, 51, of Verona, Missouri, was charged in a 17-count indictment, one count for each of the passengers who died when the vessel sank on July 19.

McKee was captain of the vessel operated by Ripley Entertainment Inc, which ran duck boat tours in Branson, Missouri, Lake Taneycomo and Table Rock Lake, where the incident occurred.

There were 31 passengers aboard the duck boat on Table Rock Lake, outside Branson, Missouri, when hurricane-strength winds churned up the water and sank the craft, causing one of the deadliest U.S. tourist tragedies in recent years.

“The captain of the vessel always has a duty to operate his vessel in a safe manner and that’s why Mr. McKee is under indictment this morning,” Timothy Garrison, U.S. Attorney for the Western District of Missouri, said in a news conference.

McKee is accused of failing to properly assess the severe weather, instruct passengers to use personal flotation devices, or head for shore and prepare to abandon ship, the indictment said.

McKee was not yet in custody and was expected to surrender to authorities, Garrison said.

He faces up to 10 years in federal prison without parole for each count and a $250,000 fine. McKee’s lawyer did not immediately respond to requests for comment.

Garrison declined to say whether other people were being investigated.

The families of four people who died have filed lawsuits against tour operator Ripley Entertainment, which operates under the name Ride the Ducks, saying it recklessly allowed the vessel out in dangerous weather.

Nine members of the same family were among the 17 killed.

The boats, modeled on the amphibious landing craft used in the D-Day invasion of Normandy in 1944, have a checkered history involving more than three dozen fatalities on water and land, including the Table Rock Lake sinking, according to the complaint.

(Reporting by Suzannah Gonzales in Chicago; editing by Bill Berkrot)

Families of Missouri ‘duck boat’ sinking victims sue tour company

By Diana Kruzman

(Reuters) – The families of four of the 17 people killed when a World War Two-style tourist “duck boat” sank on a Missouri lake during a storm this month have sued the tour operator, saying it recklessly allowed the vessel out in dangerous weather.

On Sunday, relatives of Ervin Coleman, 76, and 2-year-old Maxwell Ly, his great-nephew, both of Indianapolis, sued tour operator Ripley Entertainment Inc, which operates under the name Ride the Ducks, and vessel manufacturer Amphibious Vehicle Manufacturing LLC, a Ripley unit, alleging they “recklessly risked the lives of its passengers for purely financial reasons.”

The lawsuit, filed in federal court in Kansas City, Missouri, seeks $100 million in damages.

A separate lawsuit filed on Monday in Taney County, Missouri, on behalf of the children of William and Janice Bright names Ripley Entertainment, Ride the Ducks and the two operators of the boat, and seeks at least $25,000 in damages.

Ripley Entertainment declined comment on the lawsuits, but said it was “deeply saddened” by the incident.

There were 31 passengers aboard the duck boat on Table Rock Lake, outside Branson, Missouri, on July 19 when hurricane-strength winds churned up the water and sank the craft, causing one of the deadliest U.S. tourist tragedies in recent years.

“This tragedy was the predictable and predicted result of decades of unacceptable, greed-driven, and willful ignorance of safety by the Duck Boat industry in the face of specific and repeated warnings that their Duck Boats are death traps for passengers,” the federal complaint said.

Robert Mongeluzzi, an attorney for the families of Coleman and Ly, told a news conference on Monday: “The quest for justice includes doing everything within our power to ban duck boats once and for all,” according to a statement.

Mongeluzzi represented the families of two people killed when a duck boat crashed into a barge and sank in Philadelphia in 2010, resulting in a $17 million settlement.

The federal suit alleges that Ride the Ducks endangered passengers by letting the boat out on the water after the National Weather Service issued a severe thunderstorm warning for the area, and that passengers were not told to put on life jackets. The National Transportation Safety Board is investigating the cause of the accident.

A duck boat sank in Arkansas in 1999, killing 13 people and prompting the NTSB to recommend changes to duck boats’ design to make them less prone to capsizing. The federal lawsuit alleges that Ride the Ducks ignored those warnings because of cost.

(Reporting by Diana Kruzman in New York; Editing by Scott Malone and Peter Cooney)

Coast Guard to raise Missouri tourist boat after deadly sinking

(Reuters) – The U.S. Coast Guard was preparing on Monday morning to recover the “duck boat” that sank beneath storm-whipped waves in a Missouri lake last week, drowning 17 people in one of the deadliest tourist accidents in the United States in years.

After raising the World War Two-style amphibious landing craft from Table Rock Lake outside the popular vacation town of Branson, the Coast Guard said, it will hand boat over to federal investigators.

Thirty-one people were aboard the Ride the Ducks boat last Thursday when a sudden, intense storm struck, with winds just shy of hurricane strength churning the lake’s waters. Less than half survived the accident and officials are looking into what the boat’s operators knew about the weather forecast before setting out.

FILE PHOTO: A duck boat is seen at Table Rock Lake in Branson, Missouri, U.S., July 19, 2018 in this picture grab obtained from social media video. Ron Folsom/via REUTERS

Among the dead were the boat’s driver and nine members of a single family. A memorial service was held in Branson on Sunday for the victims.

More than three dozen people have died in incidents involving duck boat vehicles in the United States over the past two decades, both on water and land.

Missouri Attorney General Josh Hawley has said the state is contemplating whether to bring criminal charges.

Ripley Entertainment, which owns the duck boat ride, has said the boats should not have been out in such bad weather and that the intensity of the storm was unexpected.

The National Transportation Safety Board, which will determine the causes of the accident, will look into what the boat operators knew about the weather forecast before taking the boat out.

(Reporting by Jonathan Allen in New York and Brendan O’Brien in Milwaukee; Editing by Scott Malone and Steve Orlofsky)

Seventeen dead after Missouri tourist boat sinks in storm

By Brendan O’Brien and Andrew Hay

(Reuters) – Divers on Friday pulled the last four bodies from the wreckage of a “duck boat” that sank in a storm in a Missouri lake, killing 17 people in one of the deadliest U.S. tourist incidents in recent years.

The World War Two-style amphibious vehicle was filled with 31 passengers including children when a microburst storm hit Table Rock Lake outside the tourist city of Branson, Missouri, on Thursday. A video of the incident showed it battered by waves.

Wendy Doucey, an office manager at the Stone County sheriff’s office, said that divers had recovered the four bodies from the sunken duck boat. The vehicle was 80 feet (24 m) underwater.

“It’s important that we find out for sure what events did occur,” Governor Michael Parson said at a Friday morning news conference. “Today it’s just still early.”

The incident began around 7 p.m. (0000 GMT) on Thursday after thunderstorms rolled through the area when two duck boats were out on the lake, officials said. Both headed back to shore but only one made it.

“From what I understand there were life jackets in the duck,” Stone County Sheriff Doug Rader told the press conference. He declined to answer questions about whether passengers on the duck had been wearing them at the time.

The National Transportation Safety Board and U.S. Coast Guard are investigating, officials said. Rader noted that the boat’s captain survived the sinking but the driver did not.

Officials did not comment on the identities or ages of the other people who drowned.

Rescue personnel are seen after an amphibious “duck boat” capsized and sank, at Table Rock Lake near Branson, Stone County, Missouri, U.S. July 19, 2018 in this still image obtained from a video on social media. SOUTHERN STONE COUNTY FIRE PROTECTION DISTRICT/Facebook/via REUTERS

‘NOTHING YOU COULD DO’

Jennie Carr witnessed the last moments of the tourist duck boat while on a lake cruise aboard the Showboat Branson Belle.

“The one that sunk, it was having trouble. You could tell that it couldn’t go very fast. He kept sinking down in the water a little bit. The waves went over the top of it,” Carr told NBC’s “Today” show. “There wasn’t really nothing you could do.”

Carr could not be reached for further comment.

The company that owned the duck boat, Ripley Entertainment, said that it was working with families of the victims.

“Our number one priority is the families and our employees that were affected by this tragic accident,” spokeswoman Suzanne Smagala-Potts said Thursday.

Table Rock Lake is a 67-square-mile (174 sq km) reservoir containing water impounded by the Table Rock Dam on the White River.

Duck vehicles, used on sightseeing tours around the world, have been involved in a number of fatal accidents on land and in the water in the past two decades.

Thirteen people died in 1999 when the duck boat they were riding near Hot Springs, Arkansas, sank suddenly.

The company that builds ducks, Ride the Ducks International LLC, agreed in 2016 to pay a $1 million fine after one of the vehicles, which operate on land as well as water, collided with a bus in Seattle, killing five international students.

The company admitted to failing to comply with U.S. vehicle manufacturing rules.

Two tourists died in Philadelphia in 2010 when the duck boat they were riding in was struck by a tugboat in the Delaware River.

Branson, in southwestern Missouri, is a family-friendly tourist destination whose attractions include “Dolly Parton’s Stampede” dinner theater, the Amazing Acrobats of Shanghai and a Titanic museum with a model of the sunken vessel’s front half.

(Reporting by Andrew Hay in Taos, New Mexico and Brendan O’Brien in Milwaukee, additional reporting by Barbara Goldberg and Gina Cherelus in New York and Jon Herskovitz in Austin, Texas, Writing by Scott Malone; Editing Bernadette Baum and Steve Orlofsky)

Thirteen dead as Missouri storm sinks ‘duck boat’

By Brendan O’Brien and Andrew Hay

(Reuters) – At least 13 people including children drowned after a tourist “duck boat” sank during a storm on a lake in Missouri, and authorities were set to resume a search on Friday for other missing victims, Missouri Governor Michael Parson said.

The sinking of vehicle, inspired by the amphibious landing craft used during D-Day in World War Two, marked one of the deadliest incidents at a U.S. tourist destination in recent history. Divers were still searching Table Rock Lake, a large reservoir outside the town of Branson, for missing passengers.

Video of the incident showed the hull of the vessel submerging into choppy waters.

“Just a terrible, horrific tragic accident has occurred,” Parson told CNN on Friday, noting that 13 people had been confirmed dead. “The rescue’s still ongoing.”

Seven victims, including two who were critically injured, were being treated at the Cox Medical Center in Branson, the hospital said on Twitter.

Emergency crews responded to the incident shortly after 7 p.m. (0000 GMT) on Thursday after thunderstorms rolled through the area, the fire district said on Twitter.

“There was some heavy wind. It was having problems through the wind,” Stone County Sheriff Doug Rader told reporters at a news conference late on Thursday. “They were coming back toward land. There was actually two ducks. The first one made it out. The second one didn’t.”

Rader told reporters at that time, when the confirmed death toll was 11 people, that five individuals remained missing. His office on Friday referred questions about the incident including the number of people unaccounted for to Ripley Entertainment Inc, which owns the duck tour business. A Ripley representative could not be reached for immediate comment on Friday.

National Weather Service meteorologist Steve Linderberg told the Springfield News-Leader newspaper that winds reaching 63 miles (101 km) per hour were recorded at the Branson airport near the time of the incident.

“We had a line of very strong thunderstorms that caused 74 mph winds here in Springfield,” he told the newspaper, noting that winds were likely stronger on the lake.

Video footage shot by a witness on shore showed strong waves tossing two duck boats side to side. The video clip was posted online by KY3.

Life jackets were on board the boat, Rader said.

The National Transportation Safety Board was sending investigators to the scene on Friday, the agency said on Twitter.

“Our number one priority is the families and our employees that were affected by this tragic accident,” Suzanne Smagala-Potts, a spokeswoman for Ripley Entertainment, said on Thursday.

She could not confirm how many crew members were aboard the boat.

Duck vehicles, used on sightseeing tours around the world, have been involved in a number of fatal accidents on land and in the water in the past two decades.

The company admitted to failing to comply with U.S. vehicle manufacturing rules.

Two tourists died in Philadelphia in 2010 when the duck boat they were riding in was struck by a tugboat in the Delaware River.

Branson, in southwestern Missouri, is a family-friendly tourist destination whose attractions include “Dolly Parton’s Stampede,” a horse show and a Titanic museum with a model of the sunken vessel’s front half.

(Reporting by Andrew Hay in Taos, New Mexico and Brendan O’Brien in Milwaukee, additional reporting by Barbara Goldberg and Gina Cherelus in New York, Writing by Scott Malone; Editing Bernadette Baum and Steve Orlofsky)

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