Arkansas woman whose husband, son died in Branson duck boat tragedy files federal lawsuit

An Arkansas woman whose husband and son were killed in the July 19 duck boat tragedy on Table Rock Lake in Branson filed a wrongful death lawsuit Thursday in U. S. District Court for the Western District of Missouri charging the owners and operators of the ride with liability and negligence.

In her lawsuit, Pamela Young Smith describes an outing that turned into tragedy and ripped apart her family. In addition to losing her husband Steve, 53, and son Lance, 15, her other child, Loren, was injured and has suffered emotional trauma, according to the petition.

Listed as defendants are Ripley Entertainment and Ride the Ducks International.

Smith, who is represented by the law firm of Friday, Eldredge & Clark LLP, Rogers, Arkansas, is seeking damages in excess of $75,000.



The petition outlines the events of July 19.

 Pamela and Steve had taken their children to Branson for a family vacation, and Steve, Lance and Loren decided to take a Duck Boat Tour on July 19, 2018. The tour was scheduled to leave at 5:30, but it was delayed as a result of  maintenance issues with another Duck Boat. 

McKee and Williams, Defendants’ employees, boarded the Duck Boat at 6:27 p.m. Another representative of Defendants boarded the Duck Boat and instructed McKee and Williams to alter the normal route of the Duck Boat Tour to do the waterborne portion first. 

Passengers began to board the Duck Boat at 6:29 p.m. The Duck Boat’s Captain mentioned during boarding that he had reviewed the weather radar. A Severe Thunderstorm Warning was announced for Table Rock Lake at 6:32 p.m., warning that the area was expected to experience strong winds of up to 60 miles per hour. 

However, Defendants proceeded with boarding and the Duck Boat Tour began anyway. The Duck Boat entered the waters of Table Rock Lake at 6:55 p.m., more than twenty minutes after the Severe Thunderstorm Warning was announced.

Shortly after entering the water, the waves began to “whitecap” and the winds increased in velocity. The Captain ordered the plastic side curtains lowered over the windows on the Duck Boat at 7 p.m. 

This decision later prevented passengers’ escape through the windows of the Duck Boat. The bilge  alarm sounded at 7:04 p.m., indicating that the Duck Boat had begun taking on water. The Duck Boat’s onboard recorder stopped working at 7:08 p.m., and the Duck Boat subsequently sank to the bottom of Table Rock Lake only a short distance from land. 

Steve and Lance were among the seventeen passengers who lost their lives. Loren survived, traumatized and having suffered physical injuries.

The lawsuit outlines the history of serious problems with the duck boat rides, including at least 39 deaths since 1999.

(CNN photo)

Former crack baby whose mother was murdered, father died from heroin, wants lesser sentence for child sex crime

Gary Stewart admitted to Joplin Police Department investigators that he had been involved in a sexual relationship with an underage girl after convincing her to send him nude pictures of herself when the two were texting.

The 37-year-old Joplin man pleaded guilty in federal court in May to charges enticing a minor to engage in sexually explicit activity.

But as he nears his 10:30 a.m. October 2 sentencing date in federal court in Springfield, Stewart has been remembering his childhood and in a memorandum filed today his attorney explained why Stewart should receive a lighter sentence for his crime.

Defendant was born premature, weighing less than a pound, because his mother smoked crack cocaine while she was pregnant with him. When he was only two years old, Defendant’s mother was shot to death in the head at a club in New Orleans, Louisiana, and died in the street, when he was young. Defendant’s father overdosed on heroin in front of him and his siblings after learning of his mother’s death. This event haunted the Defendant throughout his life.  

As a result, the Defendant “hates drugs” and has never used drugs. After his parents’ deaths, the Defendant and his siblings were raised by his grandmother in the “hood” of Baton Rouge, Louisiana.  Defendant grew up in a very violent area of town. 

 Stewart was facing three counts of statutory rape in Jasper County Circuit Court when a federal grand jury indicted him in April.

His crimes were outlined in the plea agreement:



On December 29, 2016, Jane Doe was interviewed at the Children’s Center in Joplin by forensic interviewer Tiffany Bogardus.

During the course of the interview, Jane Doe informed the interviewer that she and STEWART communicated via text messages transmitted with her iPhone and ZTE981 cellular telephones.

During these text exchanges, STEWART asked Jane Doe to produce and transmit sexually explicit images of herself. Jane Doe complied with these requests, and produced and transmitted sexually explicit images of herself, taken at STEWART’s direction, to STEWART via text messaging. The photographs were taken using the aforementioned cellular telephones, both of which were manufactured outside the state of Missouri. 




The investigators were able to seize and examine both cell phones utilized by Jane Doe to communicate with STEWART. A forensic examination detailed numerous text messages sent between Jane Doe and STEWART discussing sexual activity.

Several sexually explicit photographs of Jane Doe were also recovered from the telephones. Photographs of STEWART posing naked were also located on the phone.

On January 26, 2017, Joplin Police Detective Jason Hutchins made contact with STEWART at the Jasper County Detention Center with regard to a separate investigation. STEWART admitted having been involved in a sexual relationship with Jane Doe

DNR offers Missouri drought update

(From the Missouri Department of Natural Resources)

The U.S. Drought Monitor map was updated yesterday and is on the department’s drought website at https://dnr.mo.gov/drought.htm.

The U.S. Drought Monitor indicates 69 percent of the state is experiencing dry or drought conditions. Thirty counties are in D2 or greater status. This is the same number of counties last week. Three counties remain in D4 status. Twelve counties are in D3 status. This is the same number of counties last week. Sixteen counties are in D2 status, an increase from 15 last week. Forty counties no longer are in D2 or greater status.

D4 conditions continue in portions of Clay, Jackson and Platte counties.

D3 conditions exist in portions of Andrew, Boone, Caldwell, Callaway, Cole, Daviess, DeKalb, Gentry, Grundy, Livingston, Moniteau and Nodaway counties.

D2 conditions exist in portions of Buchanan, Carroll, Cass, Chariton, Clinton, Cooper, Harrison, Howard, Johnson, Lafayette, Linn, Macon, Morgan, Ray, Sullivan and Worth counties.

Counties no longer in D2 or greater status include Adair, Audrain, Barry, Barton, Benton, Cedar, Christian, Clark, Dade, Dallas, Douglas, Greene, Hickory, Holt, Jasper, Knox, Laclede, Lawrence, Lewis, Maries, McDonald, Mercer, Monroe, Newton, Osage, Phelps, Polk, Pulaski, Putnam, Randolph, Saline, Shelby,
St. Clair, Stone, Taney, Webster and Wright counties.

In response to drought conditions in Missouri, Governor Parson made emergency water access available for family farms at 28 Department of Conservation areas and five Department of Natural Resources state parks. Read more and locate water hauling access areas and contact information for individual sites online athttps://dnr.mo.gov/droughtresources.htm. Additional information about agriculture and drinking water assistance and resources is available on the website.

Reports and photos are essential tools used in the assessment of drought conditions. As drought conditions continue, citizens are strongly encouraged to report livestock stress, crop damage, and low water in ponds and streams by submitting information using the Missouri Extension Drought Impact Reporter online athttps://bit.ly/2OdCcHd. Information will be used to assess conditions in each county and to inform drought maps provided by U.S. Drought Monitor for Missouri (https://bit.ly/2C2nm4j).

A map is available that provides drought condition reports and photos that were submitted by citizens. A “Pictures” tab was added for easily locating reports that contain photos. The Experimental Missouri Drought Conditions & Impacts Map is online at http://arcg.is/0Xrvy4.

A photo gallery, organized in folders by county, also is available online at https://bit.ly/2MHHjlS.

Watch live- President Trump's rally in Springfield

President Donald Trump will speak at a rally in Springfield tonight in an effort to boost Attorney General Josh Hawley's U. S. Senate bid.

It will be interesting to see if the president comments on today's New York Times story that revealed Assistant Attorney General Rod Rosenstein discussed using the 25th Amendment to remove him from office and also talked about wearing a wire into the Oval Office.

Will President Trump say anything else about Christine Blasey Ford, the woman who alleges Supreme Court nominee tried to rape her 36 years ago. Trump tweeted this morning that he found it hard to believe that she did not report this or that her "loving parents" did not report this when it happened.

McCaskill campaign: Trump is back in Missouri, rush some money our way

Josh Hawley's campaign is not the only one hoping to capitalize on President Donald Trump's visit to Springfield tonight.

Sen. Claire McCaskill's campaign has sounded the alarm, sending out a call for money.

This is bad: President Trump is in Missouri TODAY, for the FIFTH time, to campaign against Claire!

There are only 46 days until Election Day, and we're starting to panic. Trump is all-in to elect Claire's right-wing opponent as another rubber stamp for the worst parts of his agenda. Women's rights, affordable healthcare, a higher minimum wage — all of it is out the window if we lose. 

We can't let that happen.

One way to keep it from happening, the message says, is to "rush $5 or more right now to stand up to Trump and defend Missouri's Democratic seat."

As I have said before, election day can't get here soon enough.

Josh Hawley: Tell President Trump you're with us- donate now

Political campaigns, whether they be Republican or Democratic, never fail to miss an opportunity to reach their hands out for our money.

Not a single day goes by, especially during the waning days of campaigns when at least one, and often more, e-mails and calls go out asking for money to pay for advertising and campaign expenses.

President Donald Trump will hold a rally in Springfield tonight and the call for cash went out a few moments ago.


In a campaign fundraising letter, Hawley offered the following thought:

I'll be meeting with President Trump to talk about our campaign to replace Claire McCaskill in the Senate. He's supporting this campaign because he knows that Missouri could be key to Republicans maintaining control of the Senate. 

Help me give him the good news! I want to be able to tell the president that everyone is working hard to bring Republicans a win.

While a nice post card or e-mail might do the trick, Hawley has another suggestion:

Tell President Trump I'm in. Donate now!

Election day can't get here too soon.

KOLR analyst goes out on a limb, says some people in Springfield will like Trump's message, others won't

In the accompanying video, KOLR political analyst Dr. Brian Calfano, a teacher in the political and journalism departments at the University of Cincinnati (but a frequent visitor to Springfield, according to his station bio), doesn't exactly take any risks with his assessment of tonight's visit of President Donald Trump to Springfield.

Calfano says Trump will praise the job Seventh District Congressman Billy Long is doing in Washington and tell the audience how much he needs Attorney General Josh Hawley to be elected to the U. S. Senate.

"Showing up to the region to say Billy and Roy are doing great up in Washington, and to send some help to our Republican Senator Mr. Blunt in the form of Josh Hawley... these are all things you can expect to hear from the President tonight.

Calfano also goes out on a limb and says some people will be receptive to that message and others will not like it and that there will be protesters for and against the president.


Though Califano offers no view on the subject, reportedly it could be raining in Springfield tonight, unless it is not raining in Springfield tonight.

I wonder how much KOLR pays Calfano.

Search for the remains of Ashley Freeman, Lauria Bible resumes, accused killer's preliminary hearing set for December

The search for the remains of Oklahoma teenagers Ashley Freeman and Lauria Bible, who were murdered in 1999, resumed Wednesday, but thus far have been unsuccessful.

This week's searches took place in two undisclosed locations in northern Ottawa County, according to a KSN report.

The searches were the first since December due to weather issues in the areas where investigators had received the tips the bodies might be located.

Oklahoma law enforcement authorities confirmed in April that the girls, who had been missing since 1999, were murdered years ago, a few days after the murder of Freeman's parents, Danny and Kathy Freeman.



Two of the three men who allegedly committed the murder, Phillip (Phil) Welch II and David A. Pennington, died years ago and will never be tried for the crimes.

The third man, Ronnie Dean Busick, 65, Wichita, (pictured) has been charged with four counts of first degree murder, two counts of kidnapping, and one count of first degree arson.

The events of December 30, 1999, were detailed during an April press conference by Craig County District Attorney Matt Ballard, Oklahoma State Bureau of Investigation Special Agent Aungela Spurlock and Craig County Sheriff Heath Winfrey.

The press conference and the probable cause statement outlined a horror story in which the Freemans were murdered and their house burned to the ground as Welch and Pennington were allegedly attempting to collect on a drug debt.

Ashley Freeman and Lauria Bible were kidnapped, kept alive for an unspecified number of days and sexually assaulted, according to the probable cause statement.

"Those young ladies' final days were certainly horrific," Ballard said.

Witnesses with knowledge of the murders have been available all along, but lived in fear of Welch's threats to kill them and put them in the pits at Picher just as he had done with the two teens, the probable cause statement indicated.

Numerous people had seen photographs of the two girls bound and on a quilt that was identified as belonging to Welch.

"All three made multiple statements to people about their crimes," Ballard said.

A witness referred to as WH in the probable cause statement said he believed the three men were involved in the murder and that Welch and Pennington had referred to the missing girls as "them two little bitches" and said if "they wouldn't have taken off running from one of their vehicles they would still be alive.

Another witness, AS, reported overhearing the three man talking about the murders when they were intoxicated and did not know she was listening. She said that Welch was the triggerman and the other two were accomplices. When the girls came out of the room unexpectedly, the three men did not know what to do with them and took them with them, she said.

Busick's preliminary hearing is scheduled for December 21.

Joplin R-8 Board to hear proposal to place juvenile officer at Joplin High School

 Under a proposal to be presented to the Joplin R-8 Board of Education Tuesday night, a juvenile officer would be placed on campus at Joplin High School.


Documentation for Tuesday's 7 p.m meeting includes the proposal by school officials, the Joplin Police Department and the Jasper County Juvenile Office, with the notation that there have been 1,340 school-related status and delinquent referrals to the Jasper County Juvenile Office.

The proposal will not cost the school district anything. The district will provide office space for the officer, according to the documentation.

Jerrod Hogan of Joplin among those appointed by governor to state boards, commissions

(From Gov. Mike Parson)

Governor Parson today announced five new appointments to various boards and commissions.

Charlie Brown, of St. Charles, was appointed to the Missouri Board of Examiners for Hearing Instrument Specialists.

Brown is a Hearing Instrument Specialist at HiHealth Innovations in Chesterfield. He is a board-certified hearing instrument specialist and has more than 15 years of experience. Brown holds a bachelor’s degree in marketing from the University of Northern Iowa. He is a member of the Missouri Hearing Society, the Vendor Committee, and the International Hearing Society.

Michael Frazier, of Marshfield, was appointed to the Missouri Developmental Disabilities Council.

Frazier is the General Manager of Web-Co Custom Industries, Inc., a shelter workshop in Marshfield, Missouri. Frazier is a board member of the OACAC Area Board, the Webster County OACAC Board, and the OHRD Solid Waste Management Board. He is also a member of Gideons International Marshfield Camp, Marshfield Schools A+ Program Board, the Boy Scouts, and Timber Ridge Baptist Church.

Jerrod Hogan, of Joplin, was appointed to the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects.

Hogan serves as Vice President/Principal Surveyor of Anderson Engineering, Inc. in Joplin. He holds Professional Land Surveyor licenses in Missouri, Arkansas, Oklahoma, and Kansas. Hogan co-founded Rebuild Joplin in 2011 to help victims of the May 2011 tornado. He also co-founded Bright Futures USA, a multi-state program connecting students in need with community resources to help them succeed.

John Stamm, of St. Louis, was appointed to the Missouri Community Service Commission.

Stamm is the Director of Global Philanthropy at JCI (Junior Chamber International). He holds bachelor’s degrees in business administration and philosophy from the University of Missouri-Kansas City. Stamm serves as Vice President of the St. Louis Area Mensa and is a member of the Association of Fundraising Professionals and the Young Nonprofit Professionals Network.

Don Wallace, of St. Charles, was appointed to the Missouri Board of Examiners for Hearing Instrument Specialists.

Wallace is a Hearing Instrument Specialist at Miracle Ear in St. Peters and St. Charles. He is a licensed hearing instrument specialist and received national board certification. Wallace holds a Bachelor of Science degree in Mechanical Engineering from the University of Missouri-Columbia. He is a member of the International Hearing Society.

Additionally, Governor Parson named Ryan Silvey as Chair of the Public Service Commission. Silvey has been on the Commission since January 2018.

Governor Parson also appointed six individuals who were withdrawn before or during the Special Session:

Jennifer Dixon was appointed to the Missouri Western State University Board of Governors.
Peter Herschend was appointed to the State Board of Education.
Jon Kempker was appointed to the Child Abuse and Neglect Review Board.
Jamie Kondis was appointed to the Child Abuse and Neglect Review Board.
Sharon Turner Buie was appointed to the Kansas City Board of Election Commissioners.
Nicole Wood was appointed to the Conservation Commission.