A father and his daughter were killed when the Walker Brothers International Circus's big-top tent collapsed in Lancaster on Aug. 3. Another 32 people were injured. (John Koziol)
Lawyer: Circus to fight charges in Lancaster tent collapse
By JOHN KOZIOL
Union Leader Correspondent
LANCASTER, NH — The attorney for Walker International Events told a judge Wednesday that his client intends to plead not guilty to all charges in connection with circus tent collapse at the Lancaster Fairgrounds that killed a father and his young daughter last year.
Michael Iacopino said after the hearing in Coos County Superior Court that as a condition of expected bail, his client had agreed not to operate any circuses in New Hampshire while the criminal case is pending.
Based in Sarasota, Fla., Walker International Events was indicted in July for allegedly failing to properly install the circus tent, acquire a place of assembly license and follow building codes as well as for failing to notify the state fire marshal prior to erecting the tent and for several charges related to illegal behavior regarding employee safety.
In February, the Occupational Safety and Health Administration cited Walker International for 14 violations and fined it $33,000. The company has appealed the decision and penalty.
Walker International is also the lead defendant in a consolidated civil lawsuit that includes claims for damages by several victims of the tent collapse, including Rebecca Young of Concord, Vt. She alleges that the company was negligent and caused the wrongful deaths of her husband, Robert, 41, and the couple’s 8-year-old daughter, Annabelle.
The civil trial is projected to be held in May 2017; Judge Peter H. Bornstein is presiding over both the criminal and civil cases.
In one of its responses to the Young lawsuit, Walker International said the Aug. 3, 2015, tent collapse was an “act of God.” The fairgrounds were struck by a microburst that brought rain, lightning, hail and wind gusts of up to 90 mph about 16 minutes into the 5:30 p.m. circus performance.
Bornstein began the arraignment/bail hearing Wednesday by pointing out that while he was aware of the motion to waive arraignment, someone “other than defense counsel” had to present it.
Bornstein suggested that John Caudill Jr., president of Walker International, be that person. Bornstein said he also required minutes from the meeting during which the Walker International board of directors voted to authorize Caudill or someone else to represent the company in court.
Iacopino told Bornstein that he’d get a letter to the court from Caudill.
Bornstein continued the hearing to an unspecified date in early September.
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Father, daughter killed, 32 hurt in circus tent collapse in Lancaster, N.H.
Severe storm moved through New Hampshire fairgrounds
UPDATED 11:29 PM EDT Aug 04, 2015
LANCASTER, N.H. —New Hampshire's fire marshal said Tuesday it's not clear why a circus operator proceeded with a show minutes after the National Weather Service put out a severe storm warning, as 60 mph winds collapsed the tent, killing two spectators and sending about 32 others to hospitals.
Those killed were identified Tuesday as 41-year-old Robert Young and 8-year-old Annabelle Young, of Concord, Vermont. Fire Marshal William Degnan said an autopsy showed they died of blunt-force trauma.
State Fire Marshal Bill Degnan said there were approximately 100 spectators inside the Walker Brothers International Circus tent for the 5:30 p.m. performance. He said about 32 spectators were injured, some seriously, and they were treated at four area hospitals.
The tent collapsed at 5:46 p.m., about 16 minutes after the show began and 23 minutes after a severe thunderstorm warning was issued for the area, officials said.
According to the state fire marshal's office, the National Weather Service said a microburst with estimated wind gusts of 75-90 mph is to blame for the collapse of the tent's steel infrastructure.
Degnan said the investigation will involve documenting and recreating the scene, examining the tent setup and assessing whether it was up to building and fire codes.
"We will also be conducting a building code and fire code assessment to ensure that everything was done in accordance with nationally recognized fire codes," said Degnan.
Lancaster does not have a building official, so a building permit was not needed for the circus tent, Degnan said.
"The only time that a building permit would kick in is if there is a local ordinance for that," Degnan said.
He said the responsibility lies with the circus organizers to monitor the weather and determine whether conditions are safe.
Degnan said officials have spoken to representatives from the circus, but they wanted to consult with their lawyers before commenting.
Degnan also is seeking the public's help in the investigation.
"We have been contacted by dozens of attendees," Degnan said. "Each person's account provided important pieces of information that further developed the state's understanding of this tragic event."
The circus's show scheduled for Tuesday night in Vermont has been canceled.
Witnesses described a chaotic scene as high winds ripped down the tent.
Rick Cadieux said he was under the tent with his wife and their grandson when the winds started picking up and dumping large hailstones outside the tent.
Cadieux said that at one point, the wind blew open one side of the tent. He described the sound as a locomotive coming through the inside.
He said he looked at some of the poles and everything seemed fine. Then the wind picked the tent up off the ground and everything started falling over.
"The one right in front of us started moving. It picked up right out of the ground," Cadieux said. "There were two large 50-foot towers and they started to go and pulled the whole tent with it."
Cadieux said that once he got outside the tent, people were scrambling everywhere while the hail and rain made it nearly impossible to see.
Cadieux said that after he got his wife and grandson into his car, he ran back to the scene to help, along with circus performers who were still in costume.
Despite the traumatic events, Cadieux said he would go back to the circus again.
Kimberly Roy, meanwhile, was there with the girlfriend of the father of her twin boys, Doreen Dingman.
"The scene was just awful. I mean, as soon as that tent went down and people were coming out, you could see it on everybody's face: pure panic. They couldn't find their kids. The kids couldn't find their family," said Roy.
"When everything started falling, oh my God, people were screaming and getting out of there. You could hear kids crying," said Dingman.
Gov. Maggie Hassan released a statement Tuesday morning, saying: "Tom and I are deeply saddened by the tragedy last night in Lancaster, and we join all Granite Staters in sending our thoughts and prayers to the family and loved ones of those we lost, as well as everyone who was injured.
"We want to express our gratitude to all of the first responders who came to the aid of their fellow citizens and the bystanders who -- in true Granite State fashion -- also helped save lives. As the state fire marshal continues the investigation, I encourage anyone who was there, even if you think you don't have any information, to contact the Office of the Fire Marshal."
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2 killed, 32 hurt in New Hampshire circus tent collapse
A man and a girl were killed and at least 22 people were injured Monday when a severe storm blew down a circus tent in northern New Hampshire. (WPVI)
Tuesday, August 04, 2015
LANCASTER, N.H. -- New Hampshire's fire marshal said Tuesday it wasn't clear why a circus operator proceeded with a show minutes after the National Weather Service put out a severe storm warning, as 60 mph winds collapsed the tent, killing two spectators and sending about 32 others to hospitals.
Bill Degnan said it's the responsibility of the circus operator to monitor the weather conditions. The National Weather Service had issued a severe thunderstorm warning at about 5:23 p.m. Monday. The show started seven minutes later at the Lancaster Fairgrounds, about 90 miles north of Concord. The storm blew threw at about 5:46 p.m., with about 100 people inside the tent.
"I see these very large metal poles that are in the ground and go through the top of the tent; I see them starting to come out of the ground and fly up, into the air toward us," witness Heidi Medeiros, attending with her 3-year-old son, told WMUR-TV. She said 10 to 30 seconds later, the pole slammed onto the bleacher where she and her son had been sitting.
Degnan said he had spoken to the operator, Sarasota, Florida-based Walker International Events. He said they were "waiting for counsel." Walker has not responded to phone and email messages left by The Associated Press.
Degnan said no request was made to state or local officials for an inspection of the tent. If they were notified, they would have done one, he said.
Degnan said he didn't know if local officials knew or should have known the show was taking place. He said the show would have required a "place of assembly permit," but to the best of his knowledge, one was not sought.
He said those questions would be part of the state's investigation, as well as the tent's setup, and a building and fire code assessment. The National Weather Service also was helping to determine what type of wind passed through the area.
"We all this morning have heavy hearts," Gov. Maggie Hassan told WMUR-TV earlier. "We lost two lives - a father and a daughter - at an event that was supposed to be fun."
The names of the victims have not been released, pending notification of family. Degnan said autopsies were being conducted Tuesday.
At least some of the injured sent to hospitals have been discharged. Mike Barwell, a spokesman for Dartmouth-Hitchcock Medical Center in Lebanon, which would have accepted more seriously injured patients, said it took in two people, an adult and a 5-year-old boy. He said he had no information on the adult, but that the boy was in fair condition Tuesday.
Degnan has said it was the first time his agency had investigated a tent collapse. He asked that anyone with images or video of the event contact his office.
The circus was scheduled to head to Bradford, Vermont, for shows on Tuesday and Wednesday, but canceled, state police said.
The collapse came a day after one man died and more than a dozen were injured when a tent where people had sought shelter during a brief storm blew off its moorings and fell on some of the crowd at a festival in a Chicago suburb. The annual celebration known as the Prairie Fest had attracted about 5,000 people when the tent collapsed.
The popular Lollapalooza music festival in Chicago's Grant Park briefly shut down Sunday afternoon due to the weather, then resumed less than an hour later. Organizers ended the final day of the festival 30 minutes early Sunday night when another storm hit the area.
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Associated Press writer Kathy McCormack in Concord, New Hampshire, contributed to this report.