The Kendall County Criminal District Attorney’s Office said last week 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 fairground’s 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, 79-year-old Vera Asher Smith, died six 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 DA’s office said in a March 7 statement. “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.”
The decision was made after careful consideration of the evidence as presented to the DA’s office, “and evaluating the ability to meet the burden of proof required,” the release said.
Three lawsuits have been filed since the incident. Two sons of Mrs. Smith filed a $1 million wrongful death lawsuit, claiming the Kendall County Fair Association, the nonprofit that sponsors the Kendall County fair, “improperly attempted to salvage an older structure instead of purchasing new and/or safe bleachers” and “failed to perform a sufficient inspection and evaluation to ensure the premises were safe to use.”
Fairgoer Bryan Verdekel, who broke an ankle in the fall and had to have surgery afterward, also filed a lawsuit seeking $1 million in damages.
The third suit was filed by Caesar Jimenez Sr. and Crystal Alejandro of Uvalde who, with their two children, were seated in the VIP section and fell in the collapse. All four were transported to Methodist Hospital as a result, the suit states.
The three lawsuits have since been merged into one by the plaintiffs, as filed by Pablo Rivera of the San Antonio law firm Rivera Hernandez and Campos (RHC).
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 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 visits to the fairground.
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 (an) insufficient ledger-to-pipe post connection.”
The initial failure of the first connection caused subsequent connections to give way under pressure, the report states.
The District Attorney’s office left open the possibility of reopening the case should it receive further evidence that could potentially support criminal charges.
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