KANSAS CITY, Mo. — A federal magistrate judge recommended the criminal charges be dismissed against three men indicted over the sinking of a duck boat that killed 17 people.
U.S. Magistrate Judge David Rush concluded Friday that charges should be dismissed because Table Rock Lake in Branson, where the boat capsized during a storm in 2018, is not considered a navigable waterway under maritime law.
The document released Friday also argued that the case should be handled at the state level rather than federal because federal courts have limited jurisdiction and general police powers over crimes belong to the state.
A district judge can now accept or reject the federal judge's recommendation in whole or in part.
A 47-count indictment unsealed in June 2019 accused the general manager of the boat’s operator, Ride the Ducks Branson, and the manager on duty with a variety of neglect and misconduct charges. An earlier indictment charged the boat’s captain with failure to properly assess incoming weather before launching.
