The remains of the Walkers International Events circus tent lay on the ground Aug. 4, 2015 at the Lancaster Fairgrounds. A day earlier, a powerful storm picked up the tent during a circus performance, raining down debris on the audience and killing a Vermont man and his daughter while injuring scores of other people. On July 15, the Coos County Garand Jury indicted Walker International Events for failing to install the tent properly and not obtaining an assembly license. (John Koziol)
By JOHN KOZIOL
Union Leader Correspondent
LANCASTER — A Coos County grand jury has indicted Walker International Events of Sarasota, Fla., for allegedly failing to properly install a circus tent that collapsed during an Aug. 3, 2015, circus performance at the Lancaster Fairgrounds, killing a man and his daughter and injuring dozens of other people.
Robert Young, 41, and Annabelle Young, 8, of Concord, Vt., died from blunt-force trauma when they were struck by falling infrastructure within the tent.
Investigators determined that a microburst storm, coming from the west and packing wind gusts of up to 90 miles per hour — as well as heavy rain, lightning and hail — struck the tent 16 minutes into what was the Walker Brothers’ 5:30 p.m. performance.
The wind picked up the tent and in so doing, caused debris to fall down onto the audience of approximately 100 people.
Of the eight charges brought against Walker International Events by the Coos County grand jury on July 15 and made public Wednesday, only one is a felony, while the rest are misdemeanors.
Three charges pertain to the tent collapse, with the felony charge being for Walker’s alleged failure to acquire a place of assembly license.
For allegedly failing to drive the tent stakes three feet deep and for failing to provide at least 10 feet between the tent and the tractor trailer to which the tent was partially secured, the company was charged with “failure to construct in accordance with building code.” Finally, the company was cited for failing to notify the state fire marshal prior to erecting the tent.
In February 2016, the Occupational Safety and Health Administration cited Walker International Events for 14 violations of workplace safety standards and fined the company $33,000 but the company has appealed the decision and penalty.
OSHA alleges Walker International Events did not use the required tent stakes, did not properly anchor the stakes, did not remove and replace damaged stakes and did not take down the tent despite predictions of winds exceeding 60 miles per hour.
The agency also said the circus placed employees at risk of electric shock, burns, lacerations and other injuries caused by their being struck; by not marking exits and by not having fire extinguisher where employees worked with open flames.
The grandy jury separately, but related to what was observed after the tent collapse, charged Walker International Events with reckless conduct for allegedly allowing flame effects to be used by an unlicensed minor; for failing to obtain a permit from the state fire marshal for the flame effect; for allowing that effect to be conducted by an unlicensed person; for violating fire control regulations by using a fryolator within the enclosed circus tent; and for violating fire control regulations by failing to mark means of egress.