IN THE UNITED STATES DISTRICT COURT FOR WESTERN DISTRICT OF MISSOURI SOUTHヽ VESTERN DIVIS10N No.嫁 ´ 」砂 UNITED STATES OF AMERICA, 篤鳳 ′餞 岬珈 ゝ κAI COUNTSl-17`砂 Plainit 18 U S C§ §l H 5and2 For Each Count: NMT 10 Ycarslmp五 sonlncnt hlMT S250,000 Finc ■lMT 3 Years Supcrvised Rclcasc Class C Felony V KENNETH SCOTT MCKEE, [DOB:06/21/1967] Defendant. S100 Spccial Assessment(Each Count) INDICTMENT TⅡ E GRAND JURY CHARGES THAT: COUNTSl-17 0n or about July 19,2018,on Table Rock Lakc,a navigablc、 vater of thc Unitcd Statcs within thc Wcstcm Dis"ct ofMissom and within the admlraltyjunsdiction ofthe Unitcd Statcs, thc dcfcndant, KENNETH SCOTT MCKEE, whlle piloting, operating, and navigating srrarε ″」 9″ ο 力7 as the captain,pilot,and master of said vessel,committed the following acts of misconduct,negligcncc,and inattention to duty: A. Failed to properly assess incoming weather prior to and upon entering the vessel on the water; B  C  D Entered the vessel on the water when there was lightning in the area; Entered the vessel on the water when severe weather approached the area; Failed to properly assess the nature of the severe weather when severe weather arrived at the location ofSlrelch Duck 7 while the vessel was on the water; E Operated Stretch Duck 7 in violation of the conditions and limitations specified in the vessel's United States Coast Guard issued Certificate of Inspection; F Failed to instruct the passengers to don personal floatation devices when severe weather arrived at the location of Stretch Duck 7 while the vessel was on the water; G Failed to immediately increase speed and head to the nearest shore when severe weather arrived at the location ofSrre tch Duck 7 while the vessel was on the water; H Caused or allowed the vessel's side curtains to be lowered, when severe weather, including increased wind speed, arrived at the location of Stretch Duck Z while the vessel was on the water; Failed to raise the side cMains when severe weather, including increased wind speed, arrived at the location of Stretch Duck 7 wbtle the vessel was on the water; J. Failed to raise the side curtains the first time the vessel's bilge alarm sounded; K. Failed to raise the side curtains the second time the vessel's bilge alarm sounded; L. Failed to instruct the passengers to don personal floatation devices the first time the vessel's bilge alarm sounded; M Failed to instruct the passengers to don personal floatation devices the second time the vessel's bilge alarm sounded; N  O Failed to prepare to abandon ship the first time the vessel's bilge alarm sounded; Failed to prepare to abandon ship the second time the vessel,s bilge alarm sounded; and P. Failed to prepare to abandon ship when there was an unacceptable loss of freeboard on the vessel. The Grand Jury further alleges that the defendant, KENNETH SCOTT MCKEE, as the captain, pilot, and master of Stretch Duck 7,by the above-stated acts ofmisconduct, negligence. and inattention to duty, separately and collectively, contributed to and caused the destruction of the life ofany person on board Stretch Duck 7, with each count set forth below representing one of the seventeen persons whose life was destroyed: COUNT PERSON WHOSE LIFE WAS DESTROYED Ar C 2 ML 3 Ev C RC LS GC 4 5 6 7 8 9 10 12 13 14 15 16 17 An C SS JB LD WB RH BC WA HC RヽV Er C All in violation of Title 1 8,tlnitcd States Codc,Scctions ll15 and 2 A TRUE BILL hndall D. Eggert Assisf@ Unitgd$tates Attomey Assistant United States Attomey tl lt lb116 DATF.D: ---------i------