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)

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

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)