Here are some leading questions after the collapse;
• Will Downtown businesses be reimbursed for lost business by the construction company’s insurance? Most of these businesses are family owned, they don’t have a lot of buffer like national franchises especially during one of the busiest shopping times of the year.
• Will the city be reimbursed for the enormous cost of the rescue and security efforts? While most would argue this is part of paying taxes, sometimes those costs go above and beyond.
• If the city was aware of construction issues with Hultgren, why wasn’t the Lewis project monitored more carefully, especially after complaints?
• What is the signifigance of the meeting on Monday between the city, OSHA, Hultgren and the families affected? Will they be talking about a private settlement?
• Since Legacy Development was one of the companies to bid on the future parking ramp, were they chosen? And if so, will the city pull the contract? Will the public ever be told? Do we have a right to know?
Who are the private investors in Legacy Development?
One of the biggest questions that has been boiling to the top all week – did any of the city councilors, county commissioners or even the Mayor have investments with Legacy, Hultgren or with the PAVE or Lewis project? And if so, isn’t this a conflict of interest, especially since the construction company has gotten quite a few ‘passes’ from the city’s planning/building services office? This speculation comes from the city’s decision to launch NO investigation of their own and a desire to not press charges unless OSHA finds serious fault. Think about it, Cameraman Bruce was arrested and taken to court over a stack of shingles and the possibility of a couple of mice, something the city called a health/public nuisance. Doesn’t it seem silly the city is worried about a couple of mice, but not that a man died in a construction accident? It just doesn’t add up.
I will tell you folks, this goes deeper, and I think some people with some serious connections are involved. Notice the rancor coming from the city lately about the media stirring the pot, they are trying to squelch the message and kill the messenger.
It will be interesting to see who is holding the bag when the smoke clears . . . it may just be one of the biggest scandals this city has ever seen, it will make the secret million dollar settlement on the EC look like vandalism under the 10th Street bridge.
I noticed as early as that afternoon there was a concerted effort to whitewash what happened. So many FB threads about the construction company photo and other questions were infiltrated by people saying the focus should be on the life of the poor guy who was killed, not on what happened. The media was “wrong” for even showing the destruction. Well, the tributes indeed came after friends and family were interviewed but of course the TV stations and the Argus focuses their coverage on the building. This was the biggest disaster this city has seen in decades, and the more coverage to explain it the better.
Conspiracies everywhere. Yawn…
What’s suspected is likely true. Probably more. Legacy interests will be named in the family lawsuit and perhaps by OSHA. The deceased’s family should have only their lawyer show up. They’re gonna get pressured to settle without prejudice (hushed). It’ll take years but they should go after millions and have the trial public.
Anyone with ties to the city that has interest in Legacy is not exempt for their bond. Private ownership is excepted and can be named individually if Legacy takes bankruptcy. Whomever is quiet now will be broke soon.
Let this tragic event be a lesson to us all in South Dakota. How often have you heard political leaders in this state call for the reinvigoration of the 10th Amendment, states’ rights, local control, and limited federalism? Yet, absent OSHA, a federal agency, what tools currently as a people in Sioux Falls and South Dakota do we potentially have to investigate and charge punitively and criminally those who are responsible for the death of a Sioux Falls citizen, like what happen last week, a victim who was working for a local construction company under what appears to be very precarious circumstances?
Well, I guess the answer is NOTHING, but apparently a wrongful death lawsuit by the decease’s family potentially, which will do nothing realistically to punish those responsible beyond a monetary settlement with insurance probably kicking-in, but such a remedy will offer no means to prevent other citizens from being harmed or killed by such a company or other company in the future other then through the hope that maybe….maybe…. they will have learned their lesson… Yah, right.
Our States’ Attorney, his staff, and members of the AG’s staff should be investigating this incident regardless of OSHAs involvement as we speak.
I am not a lawyer and I hate to tell lawyers what to do, and I welcome their constructive criticism of my prior and further comments on this matter, but given the known circumstances of this case from Facebook pictures, Facebook videos, and prior construction behaviorisms of the company involved demand that our local and state justice departments look into this incident as a possible act of criminal negligence.
We have been told by our States’ Attorney in Minnehaha County that he cannot file criminal charges against a corporation. Oh really, so if a CEO intentionally kills an employee because of a corporate motive then are you telling me that there cannot be any murder charges, because you cannot charge a corporation or rather its agent, a CEO in this case, for such a heinous act? Even with such a motive, did not one under the above scenario kill another and is not that the real issue?
I am not suggesting murder happen last week, but there is reason to believe that criminal negligence might have and even if it was the result of a corporate interest, it appears the decision was made by an agent of the corporation who had interest and much to gain by his initial greedy decision which led to the death of one of his co-workers… And to suggest that there is some corporate wall which prevents one who willfully commits criminal negligence as an agent of a corporation is to empower corporate America and its leaders with a status of corporate citizenship which is unapproachable and undemocratic in its status relative to the real citizens within our society as a whole.
I know that it is impossible for corporate citizens to die for America, but then why do some of our actual American citizens from time to time have to die for corporations, however?
Although, an OSHA and local and state investigations may appear to be duplicity. It is not uncommon at times for federal, state, and local agencies to have parallel and even competing interests in a case, which over time are worked out with one of them demurring to the other. But if many amongst of us have such great faith in states’ rights and local control then they should be advocates of a state and local investigation into this most recent tragedy in Sioux Falls more then anyone else – else, they should quiet about their phony cries for states’ rights, local control, and the 10th Amendment.
Potential criminal negligence charges concerning last week’s tragic event must be investigated by our local and state authorities to prove that our system truly works and that local control and states’ rights are really relevant and not merely a political crying call for some who hate on federalism, while they obviously offer no honest or true alternative…
CORRECTION:
“which prevents one who willfully commits criminal negligence as an agent of a corporation from being charged, is to empower corporate America..”
http://www.argusleader.com/story/news/business-journal/2016/04/19/legacy-developments-stake-grows/83252002/
These two sentences say a lot, don’t they?
‘Drake became an investor in the company and ended up buying it in 2008 from Kinstad, who now works for the city’s community development department.
The developers work with between 50 and 75 investors, Drake said.’
There will always be workplace accidents. What’s important is to be sure it’s not employer negligence and steps are taken to improve safety. I blame the city for improper review and inspection. In one sense, the man who died is a hero. His death will impose restrictions and safety for like projects. I’m also hoping that Legacy gets taken apart exposing how corrupt local business and government has become.
There should be a Grand Jury called to investigate building practices, government processes and the linkage of all parties. As usual in Sioux Falls and South Dakota we have the coverups we all know are there blocking the free flow of information to the real answers.
Sioux Falls’ very own Devlin-McGregor.
i was told by a friend of the family, that when osha becomes involved in something like this, the DCI is notified and also brought in to investigate.
Owned by Boomerang Investments LLC…for what it’s worth.
https://sosenterprise.sd.gov/BusinessServices/Business/ImageDownload.aspx?id=137108166243003223202075013057088172002122001230
Boomerang Investments, yes, but until recently, it was owned by CLP Investments:
http://kwsn.com/news/articles/2016/dec/02/information-on-history-consturction-of-collapsed-building/
Accept, that the same individuals involved in Boomerang were also involved in CLP:
https://sosenterprise.sd.gov/BusinessServices/Business/FilingDetail.aspx?CN=069156129167177165072157218014083235070120226035
It’s time to “follow the money…..” Once again…..