Criminal Law: Seaman’s Manslaughter-Admiralty Jurisdiction-Duck Boat Accident

Where the government challenged the dismissal of an indictment for seaman’s manslaughter and operating a vessel in a grossly negligent manner, brought against the captain of a duck boat and the managers of the duck boat company after the boat sank during a storm killing 17 people, the indictment alleged only admiralty jurisdiction, and the district court’s admiralty jurisdiction did not extend to crimes occurring on the lake at issue because the lake was not “navigable” under circuit precedent.

Judgment is affirmed.

U.S. v. McKee (MLW No. 79970/Case No. 20-3671 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Western District of Missouri, Harpool, J. (Brian Patrick Casey, Kansas City, MO argued for appellant; Casey Clark appeared on the brief) (James Ralph Hobbs, Kansas City, MO argued for appellee; Thomas J. Bath Jr., Tricia A. Bath, J. Justin Johnson and Marilyn B. Keller appeared on the briefs).