KENDALL COUNTY, Texas – The Kendall County District Attorney’s Office has decided not to pursue criminal charges after a partial bleacher collapse at the county’s fair rodeo killed a woman and injured 11 others, according to a City of Boerne press release.
The City of Boerne released a statement on Friday that said none of the required city-issued building permits for the bleachers or the newly installed platform were applied for.
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Therefore, the structures were not inspected before the collapse, according to the release.
The release said Boerne city officials hired a structural engineer to discover the cause of the partial collapse.
The engineer stated that “the collapse of a portion of the upper bleacher structure platform was due to the insufficient ledger-to-pipe post connection.” The failure of one connection of the bleacher caused other areas to collapse due to increased pressure.
Following an investigation of the evidence presented to the Kendall County District Attorney’s Office, no criminal charges are currently being pursued, the release stated.
The district attorney’s office said there is “insufficient evidence to prove a criminal case beyond a reasonable doubt related to this matter.”
BACKGROUND
The partial collapse of the Kendall County Fair Grounds’ rodeo arena seating happened around 9:15 p.m. on Aug. 31, 2024, the Boerne Fire Department said. Fire officials said eight of the 12 injured were taken to a hospital for further treatment.
One of the eight people hospitalized — a woman — suffered critical injuries. Six days after the collapse, the woman died of her injuries.
Kendall County EMS officials identified the woman as 79-year-old Vera Smith.
As a result of the collapse, the evening festivities on Aug. 31, 2024, at the Kendall County Fair Grounds were postponed.
The City of Boerne said the bleachers were an old structure that had been salvaged.
Welding work was being done on the bleachers leading up to the day before the rodeo, according to the City of Boerne.
No violations were found at the fairgrounds one day before partial collapse
Records obtained by KSAT Investigates show three inspectors checked out the Kendall County Fair Grounds on Aug. 30, 2024, for a general inspection ahead of the Labor Day weekend fair.
After conducting a walkthrough, the report said inspectors found no violations at the county’s Fair Grounds.
According to the city, the walkthrough did not include an inspection of any structures.
Hours after the collapse, city officials said the Boerne Fire Marshal’s Office and the city’s Permitting and Code Compliance Office inspected the grounds around the rodeo arena the day after the incident.
Photos taken by the inspectors show where the metal buckled and split under the seats.
Attendees file lawsuits
According to court documents filed in the 451st District Court in Kendall County and obtained by KSAT, three lawsuits — including one from Vera Smith’s family — were filed against the Kendall County Fair Association, the nonprofit that owns the Fair Grounds and hosts the fair every Labor Day weekend.
The Vera Smith case, filed by her two biological sons, is described as a wrongful death lawsuit, court documents indicate.
The suit alleges that the nonprofit “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,” among other allegations.
In a second lawsuit, a man claims he was sitting in the bleachers on Aug. 31, 2024, when they partially collapsed. According to the suit, the man broke an ankle in the aftermath of the collapse. His broken ankle required surgery.
Documents show that the man is seeking $1 million in damages as well as compensation for past and future medical expenses, physical pain, physical impairment, mental anguish and possible disfigurement.
The third lawsuit was filed by a family from Uvalde who attended the fair and was seated in a VIP box attached to a set of bleachers.
Following the collapse, the third lawsuit alleges that the floor underneath the family of four also collapsed. One of the family’s children was pinned between two structural beams while a foot was “wedged between a chair” and another structural beam before they were all rescued and transferred to a local hospital, the lawsuit states.
The family is seeking more than $1 million in damages, according to the suit.
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