The Kendall County District Attorney's Office Friday said it will not pursue criminal charges in connection with the collapse of a section of bleachers at the Kendall County Fairground last fall that left one person dead and injured 11 others.
Spectators attending the Aug. 31, 2024 pro rodeo rushed to the bleacher section after its metal supports gave way, sending those seated in the VIP section above tumbling to the ground below. One longtime fair patron died five days after the collapse from extensive internal injuries.
"Currently, it is the opinion of the Criminal District Attorney’s Office that there is insufficient evidence to prove a criminal case beyond a reasonable doubt related to this matter," the office said in a statement released Friday. "This opinion is in no way a comment on the sufficiency of the evidence in any pending or potential civil case, as the burden of proof is lower."
This decision was made after careful consideration of the evidence presented to this office, and evaluating the ability to meet the burden of proof required, the release said.
Welding work was being conducted on supports for the newly expanded bleacher section, as recent as the day before the accident occurred.
The Criminal Investigations Division (CID) of the Boerne Police Department conducted an investigation into the event and the circumstances leading up to the collapse.
The Boerne Police Department CID consulted with Kendall County officials, including the Kendall County District Attorney’s Office, and the Texas Rangers through the Texas Department of Public Safety, according to a release from the city of Boerne. Interviews were conducted with numerous parties, as well as site visits to the rodeo grounds.
A search of city records shows none of the required city-issued building permits for the bleachers or the newly installed platform were applied for in relation to 1307 River Road. As a result, no structural review or inspections of these structures were conducted.
As part of the investigation, the city contracted an independent structural engineer to assess the cause of the collapse. The engineer’s report states: “The collapse of a portion of the upper bleacher structure platform was due to the insufficient ledger-to-pipe post connection.”
The initial failure of the first connection caused subsequent connections to give way under pressure, the report says.
The District Attorney's office left open, however, the possibility of reopening the case should it receive further evidence that could potentially support criminal charges.
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