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No charges in 2023 Davenport Apartment collapse: 'Nothing about this fact pattern … constitutes a crime'

No one will be charged with a crime in the deadly 2023 collapse of a six-story apartment building in downtown Davenport.
Scott County Attorney Kelly Cunningham told Quad-City Times reporters Monday that, based on the facts of an Iowa Division of Criminal Investigation report she reviewed, she concluded nothing rose to the level of criminal charges.
“Very simply, this was a horrible tragedy involving the collapse of a structural building that had been built in (1907),” Cunningham said. “There is nothing within the findings set forth in the DCI report that would merit the filing of criminal charges.”




Cunningham

The collapse of 324 Main St. on May 28, 2023, killed three people, caused a woman’s leg to be amputated and led to dozens of people losing their homes and belongings. The collapse and its response became national news, with residents in Davenport and beyond questioning how and why it happened and who was responsible.


After the collapse, the Division of Criminal Investigation opened a criminal inquiry. That investigation concluded and a report was completed and given to the county attorney’s office in April of 2024. It did not make a recommendation of charges but laid out the facts of the case from interviews and documents.

Based on those facts, Cunningham determined actions or inactions before the collapse did not constitute a crime, and the case should be left to civil court instead, where damages could be assessed.
“The prosecutor will go through that (the report) and see, ‘Is this something that belongs in the civil arena or is there some conduct here that constitutes a crime?’ And in this particular case, I will tell you that there is nothing about this fact pattern that constitutes a crime,” Cunningham said.

How did Cunningham decide not to bring charges?​


Cunningham said first she ruled out homicide in the first or second degree, and voluntary manslaughter, which Cunningham said all involve someone having the intent to take the life of someone else.
Then she turned her attention to involuntary manslaughter, which Cunningham said requires someone already be engaged in a crime or reckless conduct that causes the death of another person unintentionally.
Cunningham gave an example of a deadly boat crash in LeClaire, where a boat owner was convicted of two counts of aggravated misdemeanor involuntary manslaughter. He was accused of aiding and abetting the 15-year-old at the wheel who drove recklessly along the LeClaire levee when the boat crashed into and killed two other boaters.


“For involuntary manslaughter, there has to be the commission of a crime, the commission of what we’re going to characterize generally as a public offense … that unintentionally results in the death of another,” Cunningham said of felony involuntary manslaughter.

For aggravated misdemeanor involuntary manslaughter, the defendant must have engaged in reckless conduct.
Cunningham gave another example: a person eluding police, speeding, driving recklessly and unintentionally hitting and killing another motorist.
Cunningham said in her review of the report, the building's owner had not been engaged in a crime nor reckless conduct.






A look at The Davenport on Sunday, June 4, 2023, one week after the building partially collapsed in Davenport.
FILE

'But there has to be justice'​

Dayna Feuerbach lived in an fifth-floor apartment at 324 Main St. for 20 years. She fled down a stairwell after the west wall of the building collapsed on May 28, 2023.
She has been a vocal advocate for "justice for those who lived in that building."

When she learned of Cunningham's decision, she said she felt "devastated."

"It's all so depressing and demoralizing," she said. "It's like the tenants are the victims again. How would you feel if you lost everything and no one is found responsible and everyone involved can just delay and deny and they end up getting away with it?

"What kind of of justice is that?"
Feuerbach has filed a civil suit seeking damages. She is represented by attorney Jeffrey Goodman of the Philadelphia-based firm of Saltz Mongeluzzi Bendesky, as well as Christopher D. Stombaugh of Platteville, Wisconsin-based firm DiCello Levitt.
Feuerbach questions the idea that civil litigation will offer some form of justice.

"It could be years before we are ever heard in court," she said. "And there is no way money is going to replace three lives lost, or a woman's leg. Compensation is fine. But there has to be justice, and that means someone is held accountable. You can't kill someone and then buy your way out of it."



‘Doing everything within his willpower’​

Cunningham said that in her review, building owner Andrew Wold was not committing any crime or engaged in reckless conduct before the collapse of 324 Main St.
Cunningham said what she saw in the DCI report was evidence Wold tried — for months — to bring professionals to the site to make repairs to the west wall that eventually collapsed.
In September 2023 forensic engineers hired by the city of Davenport reported the root causes of the collapse were the removal of layers of brick in the days before the collapse without adequate shoring in place.
The report further stated: “Had a proper shoring and construction phasing plan been implemented during these repairs, the building would not have partially collapsed on May 28, 2023.”


Cunningham said she reviewed communications that showed Wold attempted to hire more masons, was acquiring supplies for the west wall and arranging for someone to be present in the building.

“Mr. Wold was very, very proactive, and you can even sense the energy level of him doing anything and everything that he could to try and hire more masons and get them there on the project and making inquiries, honestly to the point of begging, you know, ‘please give me a call back. I really need some help with this project.’”
“I see somebody who was doing everything within his willpower to address this particular issue,” Cunningham said.
Asked about reports that Wold rejected a masonry bid because it was too much money, Cunningham said that was taken out of context, that the project happened over months, and Wold received multiple bids for different types of work and went with another contractor.








Cunningham won’t release DCI report​

Cunningham said the DCI report should be part of discovery in civil litigation and not released ahead of that time. She said plans to consult with the Iowa Public Information Board, a state board that advises on questions of public records and public meetings.

“Normally, we think about these reports having application to a criminal prosecution. This happens to be an instance where that report would have applications to civil litigation, and so the public may believe and feel that they’re entitled to have that report, but working within the judicial system, understanding the process, trying cases all the time, it is not appropriate for me to release that report,” Cunningham said. “Once they conclude that litigation and come to a conclusion, then at that point in time, it’s absolutely appropriate to do that. But I do not want any information out there in the public venue that would in any way impact the ability of either side to get a fair trial.”


Cunningham said she has had at least one attorney reach out to her to ask if she would release the report to them, but she declined and directed them to go through civil discovery.
“Then, the court can order the release of that,” Cunningham said. "That ensures compliance with Iowa Code 22.7, that indicates that those reports are confidential.”
The Iowa Freedom of Information Council, a nonprofit that advocates for public access to government business, believes that at least a summary of the DCI's report should be made public, said the council's executive director Randy Evans.
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Great job by Tom, Terry, the staff, and the recruiting apparatus

The staff has taken a ton of criticism, including from me, and I don't think much of that criticism was unwarranted; however, they should get applauded for this unabashed win. It's not the end of the goal, obviously, but is a monster step. Bo is a huge recruiting win just on his ability, but then you have everything else that comes with him (huge profile within the wrestling community due to his social media presence) and the obvious inside track on getting his two brothers, as well as hopefully a leg up on getting some more of his teammates. This recruiting win, by itself, is not the panacea to Iowa being stuck so far behind PSU, but it's a fantastic (and huge) first step. Now lets get greedy and get Jax Forrest, Jordyn and Jayden Raney, and Peter and Michael Mocco. Brothers thrive at Iowa historically! :)

So Israel basically accomplished nothing . . .

Other than several thousand revenge killings and inspiring a new generation of terrorists.

Cool, cool.

Wall Street Journal:

Hamas Is Effectively Back in Control in Gaza​

With no alternative following a cease-fire with Israel, the militant group has a moment to assert power​


After Israeli troops stood down when a cease-fire came into effect in the Gaza Strip, Hamas began sending thousands of its forces onto the streets to establish control.

The deployment—envisioned by the agreement that pauses the fighting while the combatants exchange hostages for prisoners—highlights how the U.S.-designated terrorist group remains the dominant power in the territory. Israel hasn’t been able to destroy the group or empower an alternative.

Hamas punctuated its authority Sunday by parading armed and uniformed militants through the streets flashing V-signs to cheering crowds. When Hamas transferred the first Israeli hostages to the Red Cross, Arab mediators said they could see fighters from Hamas’s core Nukhba Force unit clad in full military gear and armed.

The open show of force after months of being pushed underground was a signal that aid groups and governments will need to cooperate with Hamas as reconstruction efforts get under way in the coming weeks—an outcome Israel has hoped to prevent.

“The Hamas presence on the ground armed is a slap in the face to the Israeli government and army,” said Gershon Baskin, a former Israeli hostage negotiator who is now Middle East director for the diplomacy advocacy group International Communities Organization. “It highlights that Israel’s goals for the war were never achievable.”

The fragile truce between Israel and Hamas pauses a war that is among the deadliest in modern Middle Eastern history. The conflict has reduced much of Gaza to rubble and killed around 47,000 people in the enclave following Hamas’s Oct. 7, 2023, attack on Israel, which killed about 1,200 people and left another 250 held hostage.

If it holds, the cease-fire could ease tensions in the region after more than a year of a conflict that drew in the U.S. and Iran and its allied militias across the Middle East. But it also raises substantial questions about how Gaza will be governed after the fighting.

During the 15-month conflict, Israel has battered Hamas in one part of Gaza before moving on to fight in other areas, leaving behind vacuums that have turned lawless as militants tried to reconstitute their forces and criminal gangs battled for control. The lack of order snarled aid deliveries and created new threats for ordinary Palestinians already struggling with the fighting and deprivation.

The U.S. and Israel’s own security establishment pressed Prime Minister Benjamin Netanyahu to come up with a plan for Gaza’s postwar governance, but so far he hasn’t done so. The Palestinian Authority, which oversees much of the occupied West Bank, has said it is ready for the job, but Netanyahu, opposed to a two-state solution, doesn’t want it involved. Hamas has stepped into the breach.

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Israeli Foreign Minister Gideon Sa’ar said Sunday that the current deal is only for a temporary cease-fire and that a permanent end to the war would depend on Hamas abdicating power in later stages of the negotiations. He said Israel has yet to fulfill its war aims of dismantling Hamas’s military and governing capabilities, and indicated it is prepared to re-displace Palestinians if hostilities are renewed.

“There is no future of peace, stability and security for both sides if Hamas stays in power,” Sa’ar said.

Sending US citizens to El Salvador jails to serve their time. Everybody good with that?

The Rube had some exciting news after his visit to El Salvador. I realize were to the point of using the rule of law and the constitution as toilet paper, but any HORTer concerned with this if we were to extend it to US citizens? Or we just going to pretend the El Salvadoran supermax prisons aren’t “cruel and unusual” (8th amendment for the simps) because they’re just prisoners and phuck ‘em?

SAN SALVADOR, El Salvador (AP) — U.S. Secretary of State Marco Rubio said late Monday that El Salvador’s president has offered to accept deportees from the U.S. of any nationality, including violent American criminals now imprisoned in the United States.

President Nayib Bukele “has agreed to the most unprecedented, extraordinary, extraordinary migratory agreement anywhere in the world,” Rubio said after meeting with Bukele at his lakeside country house outside San Salvador for several hours.

“We can send them and he will put them in his jails,” Rubio said of migrants of all nationalities detained in the United States. “And, he’s also offered to do the same for dangerous criminals currently in custody and serving their sentences in the United States even though they’re U.S. citizens or legal residents.”

Soon to Be Congressman Maxwell Frost (D - Orlando)

He's 25 years old and probably to the left of The Squad. He beat three establishment Democrats - former Congressman Alan Grayson, former Congresswoman Corrine "Go GATA" Brown and a sitting state senator from the district. This is good. The party needs more like him as we don't need two republican parties.

FL-10 is currently represented by Congresswoman Val Demings.

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NY Times states the USA lost $236B in fraudulent payments….in 2023 alone!!!!

At some point, we have to acknowledge that federal workers are IN ON THE GRIFT.

They are in on it. They are getting a cut. They are criminals. No doubt in my mind.

2,700,000 unelected bureaucrats in DC.

How many tens of thousands are outright criminals? Statistically speaking?

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Anyone order from Factor75 meals?

My Uncle's wife gave me a coupon for a box of free meals from Factor75.

I went on the Factor website and ordered. The coupon is applicable with a subscription, so I asked on their chat if they could just give me the free box (I pay $11 shipping) then cancel the subscription after the delivery which is Monday, February 10 and they said sure then they cancelled all orders so I called them and they said they can deliver on February 17 and would "pause" my orders after so I just cancelled all orders.

Oy.

They didn't make it easy. They want people to sign up long term.

I'll keep an eye on my credit card bill to see if they charge it.

CSB.

Anyone had experience with them?

*** Iowa MBB vs #7 Purdue GAME THREAD ***

WHO: #7 Purdue Boilermakers (17-5, 9-2 Big Ten)
WHEN: 6:00 PM CT (Tuesday, February 4, 2025)
WHERE: Carver-Hawkeye Arena (Iowa City, IA)
TV: Peacock (Paul Burmeister and Stephen Bardo)
RADIO: Hawkeye Radio Network (Gary Dolphin, Bobby Hansen)
MOBILE: peacocktv.com
ONLINE: peacocktv.com
FOLLOW: @HawkeyeBeacon | @IowaHoops | @CBBonFOX | @IowaonBTN
LINE: Purdue -7.5 (total of 155.5)
KENPOM: Purdue -6 (Purdue 71% chance of winning)

Tuesday night's game against #7 Purdue (17-5 overall, 9-2 in the Big Ten) looked daunting a week ago, when the Boilermakers were fresh off a 27-point home win over Michigan while Iowa was fresh off a 17-point loss at Ohio State. Since then Purdue added a win over Indiana last Friday night, while Iowa found that Owen Freeman, the Hawkeyes' leading scorer and rebounder this season, will miss the rest of the season with an injury.

Suffice to say, calling tonight's game "daunting" seems like a quaint understatement now. The Hawkeyes will be facing one of the best teams they've played all year -- and doing so without their best player. Not good.

MORE HERE:

Lifelong criminal, Pachino Hill, Commuted by Biden

I am at a loss for words. For those who live in the Quad City area, Pachino Hill is a notorious criminal who has been given countless second chances throughout his life. For a guy who was arrested over 60 times for serious offenses, of all people to help out, Biden decides to commute his sentence? It really is hard to explain. I don't understand.https://www.kwqc.com/2025/01/31/pachino-hill-davenport-commuted-by-biden/
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