Two More Face Federal Charges In 2018 Duck Boat Tragedy
File photo of Stretch Duck 7 after it was raised from Table Rock Lake.
June 27, 2019
Two more Ripley Entertainment employees were indicted on charges related to the sinking of a Ride the Ducks Branson duck boat on Table Rock Lake in July of last year; 17 people lost their lives in the tragedy.
According to a press release from the US Attorney’s Office for the Western District of Missouri, Curtis P. Lanham, 36, of Galena, and Charles V. Baltzell, 76, of Kirbyville, were charged in a 47-count superseding indictment returned under seal by a federal grand jury in Springfield on Thursday, June 13. The superseding indictment was unsealed and made public Thursday, June 20.
Lanham and Baltzell were added to the federal charges already pending against the captain of the duck boat, Kenneth Scott McKee, 51, of Verona.
The charges contained in the indictment are only accusations and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence. The indictment allows the federal case to move forward to the next steps, ultimately to a jury trial.
The press release and indictment indicate Lanham was employed by Ripley as the general manager at Ride the Ducks Branson. Lanham was responsible for the overall day-to-day management of the operations and duck boats, including Stretch Duck 7, the boat that sank that July night.
Lanham is charged with 17 felony counts of misconduct and neglect by an executive officer of the corporate charterer/owner, one count for each of the 17 people who died when Stretch Duck 7 sank. The indictment alleges that Lanham reported directly to the President of Ripley Entertainment.
Baltzell was the operations supervisor at Ride the Ducks Branson and was acting as a manager on duty, according to the press release. Monitoring the weather and communicating with ongoing duck boat tours regarding the weather were allegedly among his duties.
Baltzell is facing 17 felony charges, one for each person who lost their life, “as an aider and abettor of misconduct and neglect by a vessel captain,” says the press release.
Federal prosecutors allege that McKee, as captain of the vessel, committed a number of acts of misconduct, negligence and inattention to his duties during the events of the night.
McKee allegedly failed to properly assess incoming weather prior to entering the vessel on the water. At the time McKee drove the vessel into the water, according to the indictment, there was lightning in the area and severe weather approaching. The indictment also alleges that McKee failed to properly assess the nature of the severe weather while the vessel was on the water.
Additionally, McKee is alleged to have failed to follow safe operating measures that resulted in the boat sinking, among other charges.
Charges against Baltzell
According to the indictment, “Baltzell directed and allowed McKee to operate Stretch Duck 7 in violation of the conditions and limitations specified in the vessel’s Coast Guard-issued certificate of inspection and failed to adequately supervise the operation of the tour of Stretch Duck 7 on July 19, 2018.
“Baltzell allegedly failed to properly monitor and assess incoming weather prior to McKee entering the vessel on the water. Baltzell allegedly directed McKee to enter the vessel on the water when there was severe weather and lightning in the area. Baltzell allegedly failed to communicate to McKee the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water. Baltzell allegedly failed to monitor radio communications from employees when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.
“The indictment alleges that these acts of misconduct, negligence and inattention to duty by McKee and Baltzell separately and collectively caused the lives of 17 persons on board Stretch Duck 7 to be lost,” reads the press release.
Charges against Lanham
Curtis Lanham, “while actually charged with the control and management of the operation, equipment and navigation of Stretch Duck 7 and while acting as an executive officer of Ripley Entertainment, Lanham knowingly and willfully caused and allowed McKee, Baltzell and others to engage in neglect, misconduct and violation of law.”
Lanham allegedly neglected to establish training requirements related to the monitoring of weather in the Branson area, including adequate training on the use and capabilities of a weather monitoring service utilized by Ride the Ducks Branson. Lanham allegedly neglected to establish and enforce policies and procedures related to the monitoring of weather – including when severe weather existed – in association with the management and operation of daily duck boat tours. Lanham allegedly neglected to establish and enforce policies and procedures related to the communication of weather information to duck boat captains and drivers conducting duck boat tours when severe weather existed in or approached the Branson area.
The indictment also alleges that Lanham created a work atmosphere on Stretch Duck 7 and other duck boats where the concern for profit overshadowed the concern for safety.
Lanham allegedly neglected to require adequate staffing of employees while duck boat tours were ongoing. Lanham allegedly negligently allowed, created and connived a work atmosphere through which those responsible for monitoring the weather during duck boat tours were charged with other tasks that distracted them from monitoring the weather and impeded their ability to monitor radio communications. Lanham allegedly negligently created and connived with other persons to create a confusing work atmosphere on Stretch Duck 7 and other duck boats related to the monitoring of and the response to severe weather, through which there existed inappropriate concern for the weather.
The indictment also alleges that Lanham neglected to adequately supervise the management, operation and conduct of the tour of Stretch Duck 7 on July 19, 2018.
Lanham allegedly neglected to properly assess incoming weather and negligently allowed McKee to enter the vessel on the water when there was lightning and severe weather approaching the area.
Lanham allegedly neglected to properly assess the nature of the severe weather when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water and to communicate with McKee regarding the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.
The full press release, along with a digital copy of the indictment laying out the specifics of the charges, is available online through the United States Department of Justice. https://www.justice.gov/usao-wdmo/pr/two-more-ripley-employees-indicted-misconduct-negligence-resulting-17-deaths-table-rock.
Two more Ripley Entertainment employees were indicted on charges related to the sinking of a Ride the Ducks Branson duck boat on Table Rock Lake in July of last year; 17 people lost their lives in the tragedy.
According to a press release from the US Attorney’s Office for the Western District of Missouri, Curtis P. Lanham, 36, of Galena, and Charles V. Baltzell, 76, of Kirbyville, were charged in a 47-count superseding indictment returned under seal by a federal grand jury in Springfield on Thursday, June 13. The superseding indictment was unsealed and made public Thursday, June 20.
Lanham and Baltzell were added to the federal charges already pending against the captain of the duck boat, Kenneth Scott McKee, 51, of Verona.
The charges contained in the indictment are only accusations and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence. The indictment allows the federal case to move forward to the next steps, ultimately to a jury trial.
The press release and indictment indicate Lanham was employed by Ripley as the general manager at Ride the Ducks Branson. Lanham was responsible for the overall day-to-day management of the operations and duck boats, including Stretch Duck 7, the boat that sank that July night.
Lanham is charged with 17 felony counts of misconduct and neglect by an executive officer of the corporate charterer/owner, one count for each of the 17 people who died when Stretch Duck 7 sank. The indictment alleges that Lanham reported directly to the President of Ripley Entertainment.
Baltzell was the operations supervisor at Ride the Ducks Branson and was acting as a manager on duty, according to the press release. Monitoring the weather and communicating with ongoing duck boat tours regarding the weather were allegedly among his duties.
Baltzell is facing 17 felony charges, one for each person who lost their life, “as an aider and abettor of misconduct and neglect by a vessel captain,” says the press release.
Federal prosecutors allege that McKee, as captain of the vessel, committed a number of acts of misconduct, negligence and inattention to his duties during the events of the night.
McKee allegedly failed to properly assess incoming weather prior to entering the vessel on the water. At the time McKee drove the vessel into the water, according to the indictment, there was lightning in the area and severe weather approaching. The indictment also alleges that McKee failed to properly assess the nature of the severe weather while the vessel was on the water.
Additionally, McKee is alleged to have failed to follow safe operating measures that resulted in the boat sinking, among other charges.
Charges against Baltzell
According to the indictment, “Baltzell directed and allowed McKee to operate Stretch Duck 7 in violation of the conditions and limitations specified in the vessel’s Coast Guard-issued certificate of inspection and failed to adequately supervise the operation of the tour of Stretch Duck 7 on July 19, 2018.
“Baltzell allegedly failed to properly monitor and assess incoming weather prior to McKee entering the vessel on the water. Baltzell allegedly directed McKee to enter the vessel on the water when there was severe weather and lightning in the area. Baltzell allegedly failed to communicate to McKee the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water. Baltzell allegedly failed to monitor radio communications from employees when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.
“The indictment alleges that these acts of misconduct, negligence and inattention to duty by McKee and Baltzell separately and collectively caused the lives of 17 persons on board Stretch Duck 7 to be lost,” reads the press release.
Charges against Lanham
Curtis Lanham, “while actually charged with the control and management of the operation, equipment and navigation of Stretch Duck 7 and while acting as an executive officer of Ripley Entertainment, Lanham knowingly and willfully caused and allowed McKee, Baltzell and others to engage in neglect, misconduct and violation of law.”
Lanham allegedly neglected to establish training requirements related to the monitoring of weather in the Branson area, including adequate training on the use and capabilities of a weather monitoring service utilized by Ride the Ducks Branson. Lanham allegedly neglected to establish and enforce policies and procedures related to the monitoring of weather – including when severe weather existed – in association with the management and operation of daily duck boat tours. Lanham allegedly neglected to establish and enforce policies and procedures related to the communication of weather information to duck boat captains and drivers conducting duck boat tours when severe weather existed in or approached the Branson area.
The indictment also alleges that Lanham created a work atmosphere on Stretch Duck 7 and other duck boats where the concern for profit overshadowed the concern for safety.
Lanham allegedly neglected to require adequate staffing of employees while duck boat tours were ongoing. Lanham allegedly negligently allowed, created and connived a work atmosphere through which those responsible for monitoring the weather during duck boat tours were charged with other tasks that distracted them from monitoring the weather and impeded their ability to monitor radio communications. Lanham allegedly negligently created and connived with other persons to create a confusing work atmosphere on Stretch Duck 7 and other duck boats related to the monitoring of and the response to severe weather, through which there existed inappropriate concern for the weather.
The indictment also alleges that Lanham neglected to adequately supervise the management, operation and conduct of the tour of Stretch Duck 7 on July 19, 2018.
Lanham allegedly neglected to properly assess incoming weather and negligently allowed McKee to enter the vessel on the water when there was lightning and severe weather approaching the area.
Lanham allegedly neglected to properly assess the nature of the severe weather when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water and to communicate with McKee regarding the nature of the severe weather prior to its arrival and when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water.
The full press release, along with a digital copy of the indictment laying out the specifics of the charges, is available online through the United States Department of Justice. https://www.justice.gov/usao-wdmo/pr/two-more-ripley-employees-indicted-misconduct-negligence-resulting-17-deaths-table-rock.