The Thirty-Seventh Annual Iowa Middle School Mock Trial Tournament 2020

THE THIRTY-SEVENTH ANNUAL IOWA MIDDLE SCHOOL MOCK TRIAL TOURNAMENT 2020

ESTATE OF JACK WILSON

Vs.

BARRIE BUCK d/b/a THE LOVE SHACK NIGHTCLUB

A program of The Iowa State Bar Association Center for Law & Civic Education

In cooperation with the Young Lawyer’s Division Of The Iowa State Bar Association With generous financial support from The Iowa State Bar Foundation

IOWA MIDDLE SCHOOL MOCK TRIAL TOURNAMENT 2020

ESTATE OF JACK WILSON

Vs.

BARRIE BUCK d/b/a THE LOVE SHACK NIGHTCLUB

Adapted From Competition Materials Haddas v. Temony Prepared for the 2005 Delaware Mock Trial Competition by the Delaware Law Related Education Center, Inc. These materials, in turn, were adapted with permission from the Nebraska State Bar Foundation.

Many Thanks to the Delaware and Nebraska Mock Trial Programs for the use of their original problems.

Case Adapted For Iowa High School Competition in 2007 Use By: The Iowa State Bar Association Center for Law & Civic Education 625 East Court Avenue Des Moines, Iowa 50309

Further modifications made to the case materials in preparation for the 2020 Iowa Middle School program.

STIPULATIONS

1. All exhibits included in the problem are authentic and accurate in all respects, and no objections to the authenticity of the exhibits will be entertained.

2. The Witness Statements are assumed to have been signed and other documents are also assumed authentic.

3. This trial is bifurcated. The jury/court will not address damages in this phase of the trial.

4. The requirements for jurisdiction and venue have been met.

5. Whenever a rule of evidence requires that reasonable notice be given, it has been given.

6. If the medical examiner were to testify at this trial, he would testify that Jack Wilson died as a result of asphyxiation due to smoke inhalation; that the death has been ruled accidental not criminal; that the approximate time of death was 11:15 p.m. on March 15, 2018.

7. The Death Certificate and Abridged Coroner’s Report are public records and should be considered as business records within the meaning of the Business Records Act.

8. Exhibit 7 depicts 4 types of close proximity indoor pyrotechnic displays used during the concert on March 15, 2018. These are not photographs from the actual show. The top photo depicts a Sparkler display. The middle photo represents a series of Propane Flash Pots. The bottom photograph is a depiction of the Spinner and Saxton Effect (center stage) and two Flame Projectors (sides). The photos used in this exhibit may be separated and enlarged individually up to the maximum allowed dimensions if desired.

WITNESSES

The following witnesses are available and must be called by the parties:

For the Plaintiff- For the Defendant- Rickie Wilson Barrie Buck Mel Pierson Stacey Byrne Fredrik/a Schneider Rem Brandt

All witnesses may be female or male. The decedent, Jack Wilson, was male. This does not affect the gender of the witnesses involved nor does it have an impact on the relationships between the decedent and the witnesses.

EXHIBITS

The following exhibits may be used by teams in competition. They are pre-marked and are to be referred to by number, as follows:

Exhibit No. Exhibit Description

1 Floor Plan of The Love Shack Nightclub

2 Death Certificate and Abridged Coroner’s Report

3 Hand-held Tally Counter from Nightclub

4 Fire and Building Code Inspection Report – August 2017

5 Emergency Training Certificate

6 Entry from Blog: Jack & Mel’s Big Film Show

7 Photos of Representative Pyrotechnic Special Effects

8 Proximate Pyrotechnics Checklists

9 Photo of Rem Brandt’s Guitar

Case Note: This problem is designed as a jury trial. However, your arguments will be presented to a panel of judges. You should evaluate and review all appropriate jury instructions provided in preparing your case.

IN THE IOWA DISTRICT COURT FOR GOLDFINCH COUNTY ______

RICKIE WILSON ) LAW NO. 20072020 As Administrator for the Estate ) Of JACK WILSON ) ) Plaintiff, ) ) v. ) ) PETITION AT LAW BARRIE BUCK, individually, ) d/b/a THE LOVE SHACK NIGHTCLUB, ) ) Defendant. ) ______

COMES NOW Rickie Wilson, as the Administrator for the Estate of Jack Wilson, her/his biological son, and for their claim against Defendant, Barrie Buck d/b/a The Love Shack

Nightclub, respectfully state to the Court as follows:

FACTS COMMON TO ALL CLAIMS

1. That the Plaintiff, Rickie Wilson, is the duly qualified, appointed and acting personal representative of the Estate of Jack Wilson, (hereinafter “Decedent”) as would appear from the records of the office of the Iowa District Court for Goldfinch County.

2. That Decedent Jack Wilson was a resident of and died intestate in the County of

Goldfinch in the State of Iowa.

3. That upon information and belief the Defendant, Barrie Buck, sole owner of and doing business as The Love Shack Nightclub is a resident of Goldfinch County in the State of

Iowa, and that The Love Shack is a business licensed and operated under the laws of the State of

Iowa.

4. That the Defendant solely owned and operated a nightclub, licensed to serve alcohol and as a venue for live shows, known as The Love Shack which opened in 1917.

5. That Defendant was fully aware of the specific statutes and regulations governing occupancy limits, safety concerns, fire hazards and other matters which were part of his/her licensure including his/her license to serve alcohol and provide live entertainment.

6. That on numerous occasions Defendant had knowledge of violations of such rules, statutes and regulations and took no ameliorative acts.

7. That Defendant was aware of the planned pyrotechnic show which is at issue in this claim and had direct knowledge of the nature and type of show which was to be provided in this venue.

8. That the Decedent was present on the night of March 15, 2018 for The Dutch

Masters show, sustaining injuries from the conduct of said show which resulted in his death. Said injuries being the direct and proximate result of negligence on the part of Defendant.

COUNT I NEGLIGENCE

9. Plaintiff re-alleges and incorporates herein each and every allegation contained in paragraphs 1 through 8.

10. The Defendant was negligent, grossly negligent and careless at the time and place above mentioned in at least one or more of the following particulars:

a) In failing to properly monitor occupancy of the entertainment venue;

b) In failing to maintain and properly train a sufficient staff to provide for security and safety of those participating in or viewing the entertainment;

c) In failing to supervise the entertainment which involved pyrotechnics involving known danger; and

d) In failing to fully and completely comply with all fire codes and other regulations regarding the safety of patrons in an entertainment venue.

11. Such negligence and carelessness on the part of Defendant was the sole, direct, actual and proximate cause of the Decedent’s death.

COUNT II WRONGFUL DEATH

12. Plaintiff specifically re-alleges and incorporates herein each and every allegation contained in paragraphs 1 through 8.

13. By reason of Decedent’s untimely death the Plaintiff, his biological parent, Rickie

Wilson has been deprived of all benefits, society and companionship and has been caused great mental shock and suffering.

14. The Plaintiff in the past has and will forever be caused grief and sorrow by the loss of Decedent’s love, society and companionship.

15. The Plaintiff has also been deprived of the Decedent’s future services, experience and judgment.

16. The Plaintiff has also incurred substantial expenses in relationship to Decedent’s funeral.

17. That as a result of the negligence of the Defendant, the statutory beneficiaries of the Decedent have suffered the following injuries:

a) Medical expenses;

b) Grief;

c) Shock;

d) Sorrow;

e) Depression, Post Traumatic Stress Disorder and other psychological injuries;

f) Funeral and Estate expenses;

g) Wounded feelings; and

h) Loss of companionship, society and advice.

18. Because of Defendant’s grossly negligent and willful conduct, Plaintiff is also entitled to a judgment for punitive damages in an amount to be determined by a jury in accordance with the law and evidence in this case.

COUNT III SURVIVAL ACTION

19. Plaintiff re-alleges and incorporates herein each and every allegation contained in paragraphs 1 through 8.

20. As a result of the negligence of Defendant, the Decedent while he lived suffered the following injuries and damages:

a) Pain;

b) Suffering;

c) Loss of enjoyment of life;

d) Terror and trauma;

e) Mental anguish and emotional distress;

f) Impairment of health; and

g) Anguish of the knowledge of impending death.

21. Plaintiff is informed and believes s/he is entitled to a judgment against the

Defendant adequate to compensate Decedent’s estate for actual losses and for such punitive damages a jury may deem appropriate, for the costs of this action, and for such other and further relief as the Court deems just and equitable.

COUNT IV PREMISES LIABILITY

22. Plaintiff re-alleges paragraphs 1 through 8 as if each were fully set forth herein.

23. Defendant knew or in the exercise of reasonable care should have known of the condition of the premises s/he owned and that this condition involved an unreasonable risk of injury to Plaintiff.

24. Defendant knew or in the exercise of reasonable care should have known that

Decedent and others present at the entertainment venue would not realize that the conditions of the entertainment venue posed an unreasonable risk of injury and that Decedent would be unable to protect himself from this condition due in part to the encouragement of Defendant in creation of the conditions.

25. Defendant was negligent in failing to prevent the creation of such condition, in failing to warn Decedent of the creation of the condition, and in failing to enforce its own rules and policies regarding such condition.

26. Defendant’s negligence was the proximate cause of the injury and ultimate death of Decedent, Jack Wilson.

27. As a proximate result of the Defendant’s negligence, the Estate of Decedent Jack

Wilson suffered the following damages:

h) Pain;

i) Suffering;

j) Loss of enjoyment of life;

k) Terror and trauma;

l) Mental anguish and emotional distress;

m) Impairment of health; and

n) Anguish of the knowledge of impending death.

28. The conduct of Defendant constituted outrageous conduct which intentionally caused emotional distress to Decedent and Defendant acted with reckless disregard to the probability of causing Decedent’s emotional distress, damages and death.

29. Defendant’s outrageous conduct was the proximate cause of Decedent’s injury, death and emotional distress.

WHEREFORE, Plaintiff demands judgment in her/his favor against Defendant on Counts

I, II, III, and IV of her/his Petition and further demands that actual and punitive damages be awarded in favor of Plaintiff in an amount to be determined by the jury.

______

ATTORNEY FOR PLAINTIFF

IN THE IOWA DISTRICT COURT FOR GOLDFINCH COUNTY ______

RICKIE WILSON ) LAW NO. 20072020 As Administrator for the Estate ) Of JACK WILSON ) ) Plaintiff, ) ) v. ) ) ANSWER BARRIE BUCK, individually, ) d/b/a THE LOVE SHACK NIGHTCLUB, ) ) Defendant. ) ______

COMES NOW Defendant, Barrie Buck, d/b/a The Love Shack Nightclub, and in response to Plaintiff’s Petition at Law, respectfully states to the Court as follows:

FACTS COMMON TO ALL CLAIMS

1. Defendant admits the allegations contained in paragraph 1 of the Petition.

2. Defendant admits the allegations contained in paragraph 2 of the Petition.

3. Defendant admits the allegations contained in paragraph 3 of the Petition.

4. Defendant admits the allegations contained in paragraph 4 of the Petition.

5. Defendant denies paragraph 5 as it is a statement of a legal conclusion.

6. Defendant denies the allegations contained in paragraph 6 of the Petition.

7. Defendant denies the allegations contained in paragraph 7 of the Petition.

8. Defendant admits that Decedent was present at The Love Shack Nightclub on

March 15, 2018 and denies all other allegations contained in paragraph 8 of the Petition.

COUNT I NEGLIGENCE

9. Defendant reasserts its answer to paragraphs 1-8 as if each were fully set forth herein.

10. Defendant denies the allegations contained in paragraph 10 of the Petition including subparagraphs (a) through (d).

11. Defendant denies the allegations contained in paragraph 11 of the Petition.

COUNT II WRONGFUL DEATH

12. Defendant reasserts its answer to paragraphs 1-8 as if each were fully set forth herein.

13. Defendant denies the allegations contained in paragraph 13 of the Petition.

14. Defendant denies the allegations contained in paragraph 14 of the Petition.

15. Defendant denies the allegations contained in paragraph 15 of the Petition.

16. Defendant denies the allegations contained in paragraph 16 of the Petition.

17. Defendant denies the allegations contained in paragraph 17 of the Petition, including subparagraphs (a) through (h).

18. Defendant denies the allegations contained in paragraph 18 of the Petition.

COUNT III SURVIVAL ACTION

19. Defendant reasserts its answer to paragraphs 1-8 as if each were fully set forth herein.

20. Defendant denies the allegations contained in paragraph 20 of the Petition, including subparagraphs (a) through (g).

21. Defendant denies the allegations contained in paragraph 21 of the Petition.

COUNT IV PREMISES LIABILITY

22. Defendant reasserts its answer to paragraphs 1-8 as if each were fully set forth herein.

23. Defendant denies the allegations contained in paragraph 23 of the petition.

24. Defendant denies the allegations contained in paragraph 24 of the petition.

25. Defendant denies the allegations contained in paragraph 25 of the petition.

26. Defendant denies the allegations contained in paragraph 26 of the petition.

27. Defendant denies the allegations contained in paragraph 27 of the petition, including subparagraphs (a) through (n).

28. Defendant denies the allegations contained in paragraph 28 of the petition.

29. Defendant denies the allegations contained in paragraph 29 of the petition.

AFFIRMATIVE DEFENSES

1. Plaintiff has failed to state a claim upon which relief may be granted.

2. Plaintiff has failed to mitigate her/his damages.

3. Defendant asserts that any injuries or damages sustained by Plaintiff were due to and solely occasioned by the negligence of the Plaintiff’s Decedent and Defendant pleads the sole negligence and sole recklessness of the Plaintiff’s Decedent as a complete bar to this action.

4. Defendant asserts that any injury and damage sustained by Plaintiff were caused by the negligence or willfulness of the Plaintiff’s Decedent combining, concurring and contributing with the negligence or willfulness, if any, on the part of Defendant. Because the Plaintiff’s

Decedent negligence or willfulness is greater than the alleged negligence or willfulness of the

Defendant, Plaintiff is barred from recovery against the Defendant.

5. Defendant asserts any injuries and damages sustained by Plaintiff were caused by the negligence or willfulness of the Plaintiff’s Decedent combining, concurring and contributing with the negligence or willfulness, if any, on the part of the Defendant. Therefore, the Court should reduce any recovery awarded to the Plaintiff for the alleged injury and damaged based upon the percentage of negligence or willfulness attributed to the Plaintiff’s Decedent.

6. Defendant asserts that Decedent assumed the risk of his ultimate injury and death while moving towards the fire, attempting to recover personal property which had been dropped and attempting to steal from the stage a guitar owned by the band The Dutch Masters, when it was, or should have been, readily apparent to the Decedent that such activity would result in significant injury to him. The Defendant asserts that the risk of this injury should have been readily apparent to the Decedent and that despite the apparent risk, the Decedent voluntarily choose to place himself in a position of danger. Therefore, assuming the risk and such assumption of the risk, is a complete bar to Plaintiff’s recovery.

7. Defendant asserts that Decedent’s intoxication and attempted theft of property were an intervening and superseding cause of the alleged damages and as such are a complete bar to

Plaintiff’s recovery.

8. Defendant asserts that whatever injuries or damages may have been sustained by

Plaintiff while denying the same were due solely to, caused wholly by and were a direct proximate result of the negligence of the third party not under this Defendant’s control. Therefore, Plaintiff are barred from recovery against this Defendant. Defendant gives notice that s/he will further assert any other defenses that arise during the course of this trial.

9. Decedent Jack Wilson unreasonably failed to avoid injury by failing to exercise ordinary care under the circumstances.

10. Defendant’s actions were not a proximate cause of the injuries and/or death suffered by Decedent Jack Wilson.

______

ATTORNEY FOR DEFENDANT

LEGAL AUTHORITIES

From the Iowa Code

Section 611.20 Actions survive. (Wrongful Death)

All causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the same.

Section 633.336 Damages for wrongful death.

When a wrongful act produces death, damages recovered as a result of the wrongful act shall be disposed of as personal property belonging to the estate of the deceased; however, if the damages include damages for loss of services and support of a deceased spouse and parent, the damages shall be apportioned by the court among the surviving spouse and children of the decedent in a manner as the court may deem equitable consistent with the loss of services and support sustained by the surviving spouse and children respectively. If the decedent leaves a spouse, child, or parent, damages for wrongful death shall not be subject to debts and charges of the decedent's estate, except for amounts to be paid to the department of human services for payments made for medical assistance pursuant to chapter 249A, paid on behalf of the decedent from the time of the injury which gives rise to the decedent's death up until the date of the decedent's death.

Iowa Civil Jury Instructions

Below are some potentially relevant jury instruction. For the purposes of this mock trial, only those listed here may be used.

GENERAL

100.3 Burden Of Proof, Preponderance Of Evidence. Whenever a party must prove something they must do so by the preponderance of the evidence.

Preponderance of the evidence is evidence that is more convincing than opposing evidence. Preponderance of the evidence does not depend upon the number of witnesses testifying on one side or the other.

100.4 Evidence. You shall base your verdict only upon the evidence and these instructions.

Evidence is: 1. Testimony in person or by deposition.

2. Exhibits received by the court.

3. Stipulations which are agreements between the attorneys.

4. Any other matter admitted (e.g. answers to interrogatories, matters which judicial notice was taken, and etc.).

Evidence may be direct or circumstantial. The weight to be given any evidence is for you to decide.

Sometimes, during a trial, references are made to pre-trial statements and reports, witnesses' depositions, or other miscellaneous items. Only those things formally offered and received by the court are available to you during your deliberations. Documents or items read from or referred to which were not offered and received into evidence, are not available to you.

The following are not evidence: 1. Statements, arguments, questions and comments by the lawyers.

2. Objections and rulings on objections.

3. Any testimony I told you to disregard.

4. Anything you saw or heard about this case outside the courtroom.

100.9 Credibility Of Witnesses. You will decide the facts from the evidence. Consider the evidence using your observations, common sense and experience. You must try to reconcile any conflicts in the evidence; but, if you cannot, you will accept the evidence you find more believable.

In determining the facts, you may have to decide what testimony you believe. You may believe all, part or none of any witnesses' testimony.

There are many factors which you may consider in deciding what testimony to believe, for example:

1. Whether the testimony is reasonable and consistent with other evidence you believe;

2. The witnesses' appearance, conduct, age, intelligence, memory and knowledge of the facts; and,

3. The witnesses' interest in the trial, their motive, candor, bias and prejudice.

100.20 Corporate Party. The fact that a plaintiff or defendant is a corporation should not affect your decision. All person are equal before the law, and corporations, whether large or small, are entitled to the same fair and conscientious consideration by you as any other person.

COMPARATIVE FAULT

400.1 Fault - Defined. In these instructions I will be using the term "fault". Fault means one or more acts or omissions towards [the person] [the property] of the actor or of another which constitutes [negligence] [recklessness] [subjects a person to strict tort liability] [breach of warranty] [unreasonable assumption of risk not constituting an enforceable express consent] [misuse of a product for which the defendant otherwise would be liable] [unreasonable failure to avoid an injury] [unreasonable failure to mitigate damages].

400.2 Comparative Fault. Damages may be the fault of more than one person. In comparing fault, you should consider all of the surrounding circumstances as shown by the evidence, together with the conduct of the [plaintiff] [defendant(s)] [third party defendant(s)] [persons who have been released] and the extent of the causal relation between their conduct and the damages claimed. You should then determine what percentage, if any, each person's fault contributed to the damages. Defendants (name) and (name) are to be treated as a single party for the purpose of determining their percentage of fault.

400.3 Comparative Fault - Effects Of Verdict. After you have compared the conduct of all parties, if you find the plaintiff was at fault and the plaintiff's fault was more than 50% of the total fault, the plaintiff cannot recover damages.

However, if you find the plaintiff's fault was 50% or less of the total fault, then I will reduce the total damages by the percentage of plaintiff's fault.

400.5 Comparative Fault - Single Plaintiff - Essentials For Recovery. The Plaintiff claims the defendant was at fault in [one or more of] the following particular(s):

[Insert the grounds of fault pleaded and supported by the evidence.]

These grounds of fault have been explained to you in other instructions.

The plaintiff must prove all of the following propositions:

1. The defendant was at fault. In order to prove fault, the plaintiff must prove [use the appropriate elements from the marshalling instructions in relevant chapters].

2. The defendant's fault was a proximate cause of the plaintiff's damage.

3. The amount of damage.

If the plaintiff has failed to prove any of these propositions, the plaintiff is not entitled to damages. If the plaintiff has proved all of these propositions, you will consider the defense of comparative fault.

400.6 Comparative Fault - Single Defendant - Essentials For Defense. The defendant claims the plaintiff was at fault in one or more of the following particular(s):

(Insert the grounds of fault pleaded and supported by the evidence.)

These grounds of fault have been explained to you in other instructions.

The defendant must prove both of the following propositions:

1. The plaintiff was at fault. In order to prove fault, the defendant must prove (use the appropriate elements from the marshalling instruction in relevant chapters).

2. The plaintiff's fault was a proximate cause of the plaintiff's damage.

If the defendant has failed to prove either of these propositions, the defendant has not proved [his] [her] defense. If the defendant has proved both of these propositions, then you will assign a percentage of fault against the plaintiff and include the plaintiff's fault in the total percentage of fault found by you answering the special verdicts.

400.8 Unreasonable Failure To Avoid An Injury - Defined. A party is required to exercise reasonable care for their own safety. This means that, if, in the exercise of ordinary care under the circumstances, a party could have taken some particular action after an act of fault of another party, in order to avoid an injury, then they are under a duty to take such action.

In this case defendant claims that plaintiff unreasonably failed to take action to avoid an injury because:

(Set out the specifications.)

400.9 Unreasonable Assumption Of Risk - Defined. The defendant claims that plaintiff unreasonably assumed the risk by:

(Set out the particulars.)

To prove this defense, the defendant must prove all of the following propositions:

1. The plaintiff knew the risk was present.

2. The plaintiff understood the nature of the risk to [himself] [herself].

3. Nevertheless, the plaintiff unreasonably, freely and voluntarily took the risk.

4. The plaintiff's assumption of the risk was a proximate cause of plaintiff's damage.

If the defendant has failed to prove any of these propositions, the defendant has not proved this defense. If the defendant has proved all of these propositions, then you will assign a percentage of fault against the plaintiff and include it in the total percentage of fault, if any, found by you in your answers to the special verdicts.

NEGLIGENCE – PROXIMATE CAUSE

700.1 Essentials For Recovery. The plaintiff must prove all of the following propositions:

1. The defendant was negligent in one or more of the following ways: a. b. c.

2. The negligence was a proximate cause of damage to the plaintiff.

3. The amount of damage.

700.2 Ordinary Care - Common Law Negligence - Defined. "Negligence" means failure to use ordinary care. Ordinary care is the care which a reasonably careful person would use under similar circumstances. "Negligence" is doing something a reasonably careful person would not do under similar circumstances, or failing to do something a reasonably careful person would do under similar circumstances.

700.3 Proximate Cause - Defined. The conduct of a party is a proximate cause of damage when it is a substantial factor in producing damage and when the damage would not have happened except for the conduct.

"Substantial" means the party's conduct has such an effect in producing damage as to lead a reasonable person to regard it as a cause.

700.4 Concurrent Cause - Defined. There can be more than one proximate cause of an injury or damage. When the fault of two or more separate parties is so related to an event that their combined fault, when viewed as a whole, is the cause of the event without which the event would not occur, then the fault of each party may be a proximate cause, provided the fault of each substantially contributes to plaintiff's injuries.

"Substantial" means the party's fault has such an effect in producing damage as to lead a reasonable person to regard it as a cause.

700.5 Sole Proximate Cause. The defendant claims the sole proximate cause of the plaintiff's damages was [an act of God] [the conduct of another party] [a condition not under the control of any party]. Sole proximate cause means the only proximate cause. The defendant must prove both of the following propositions:

1. The [Act of God] [conduct of another person] [condition not under the control of any party] occurred.

2. The [Act of God] [conduct of another person] [condition not under the control of any party] was the only proximate cause of plaintiff's damage.

If the defendant has failed to prove either of these propositions, the defendant has failed to prove the defense of sole proximate cause. If the defendant has proved both of these propositions, the defendant has proved the defense of sole proximate cause and you must find the fault of the defendant, if any, was not a proximate cause of plaintiff's damages when you answer the special verdicts.

PREMISES LIABILITY

900.1 Essentials For Recovery - Condition Of Premises - Duty To Invitees. The plaintiff must prove all of the following propositions:

1. The defendant knew or in the exercise of reasonable care should have known of a condition on the premises and that it involved an unreasonable risk of injury to a person in the plaintiff's position.

2. The defendant knew or in the exercise of reasonable care should have known: a. the plaintiff would not discover the condition, or b. the plaintiff would not realize the condition presented an unreasonable risk of injury, or c. the plaintiff would not protect [himself] [herself] from the condition.

3. The defendant was negligent in (set forth the particulars of the claim of negligence in failing to protect the plaintiff).

4. The negligence was a proximate cause of the plaintiff's damage.

5. The nature and extent of damage.

If the plaintiff has failed to prove any of these propositions, the plaintiff is not entitled to damages. If the plaintiff has proved all of these propositions, then you will consider the affirmative defense set forth in defendant’s answer.

900.2 Essentials for Recovery - Condition Of Premises - Duty to Licensees. The Plaintiff must prove all of the following propositions:

2. The condition was one that a person in the defendant's position should have expected would not have been discovered or realized by the plaintiff.

3. The plaintiff did not know or have reason to know of the condition and the risk involved.

4. The defendant was negligent in [set forth the particulars of the claim of negligence in failing to protect the plaintiff).

5. The negligence was a proximate cause of the plaintiff's damage.

6. The amount of damage.

CONTROLLING CONDUCT OF THIRD PARTIES

3600.1 Essentials For Recovery - Controlling The Conduct Of Third Parties - Duty To Licensees. The plaintiff must prove all of the following propositions:

1. The defendant was in possession of the premises.

2. The defendant permitted (name persons involved) to use the premises.

3. The defendant was present on the premises at the time the wrongful actions occurred.

4. The defendant knew or should have known that [he] [she] had the ability to control (name persons involved).

5. The defendant knew or should have known of the necessity and opportunity for exercising such control.

6. The defendant was negligent in one or more of the following ways (set forth the particulars of the claim of negligence in failing to protect the plaintiff).

7. The defendant's negligence was a proximate cause of the plaintiff's damage.

8. The nature and extent of damage.

WITNESS STATEMENTS

Statement of Rickie Wilson

1 My name is Rickie Wilson. I lost my son Jack in the fire at the Love Shack

2 Nightclub on the night of March 15, 2018. I can’t begin to describe the devastation

3 that I feel. I’ve gone through so many stages of grief. I’ve sought counseling. I

4 attend programs for parents who’ve lost their kids. It all helps a little, but not a lot.

5 I blame Barrie Buck. Jack’s death was easily avoidable. Barrie Buck was just out

6 after a quick dollar. S/he has no interest in the safety of the patrons. S/he has no

7 qualifications for operating this kind of club. Usually cluelessness is harmless. In

8 this instance, cluelessness resulted in my son’s death. I want to make sure that this

9 never happens again. Barrie Buck must be stopped.

10 Jack was more than any parent could ask for in a son, particularly given that

11 his mother/father passed away when he was only six years old. He weathered that

12 emotional storm and, I think, became a stronger person because of it. He was going

13 to graduate near the top of his class from Benjamin Harrison High School in June,

14 2018. Perhaps because of the loss of his mother/father at an early age, Jack and I

15 were probably closer than a lot of parents are with their kids. We had so many

16 wonderful times together with his younger sister, Mary, who’s now 16. Jack was

17 such an outstanding influence on her. In many ways, Mary has not just lost an

18 older brother, she’s lost another parent.

19 Jack was a skilled musician. He was interested in music at an early age. He

20 went to band camp during the Summer while in grade school and in middle school.

21 He was a really good saxophone player, but his real passion was the electric guitar.

22 He and his friends would spend hours out in their clubhouse – the loft area of the

23 garage – writing songs, practicing and just jamming. One of the high school bands

24 that he and his friends started, Oedipus Wrecks, won a local “battle of the bands”

25 contest against competition from the local colleges. If that was the career path he

26 wanted to pursue, the sky was the limit for him.

27 Jack’s other real passion was film. He and his friends would watch all kinds

28 of old movies in the clubhouse and then go out and film their own “updated”

29 versions. He bought some rather high-end digital video cameras and had his

30 computer loaded with the latest video editing software. He was all the time posting

31 stuff to YouTube and to various independent film contests. Again, if this was going

32 to be his career, he had a very bright future. On Snap Chat and Instagram he had

33 more than 50 thousand followers – well on his way to being an influencer. He had

34 been admitted to the film school at the University of Southern California and was a

35 finalist for one of their Spielberg scholarships.

36 Jack was also a tremendous student and well liked by his classmates. While

37 he was looking forward to graduation and going to college, he was also going to be

38 missing the friends he had hung out with for the better part of 18 years.

39 That’s one of the reasons why the concert at the Love Shack on March 15

40 was so important to him. Not only was he a big fan of The Dutch Masters, he saw

41 it as one of the events that would mark the beginning of the end of high school. A

42 lot of his friends were also planning on going to the show. Even though it was on a

43 Thursday, I guess a lot of other parents felt the same way as I did – Spring Break

44 was just around the corner and they deserved a treat.

45 It ended up being anything but a treat. After school on March 15, Jack and

46 one of his friends, Mel Pierson, hung out in the clubhouse. I got home at 4:45 p.m.

47 and I heard music coming from the garage for the rest of the afternoon. Mel was in

48 the same class as Jack at Benjamin Harrison High School. Mel wasn’t nearly as

49 good a student as Jack, but shared Jack’s enthusiasm for music and for film. Mel

50 has been in trouble with the law a couple of times – possession of alcohol and a

51 DUI. So even though Mel has a car, s/he won’t be driving it for a while. We only

52 have one vehicle and couldn’t be without it in case of an emergency, so I offered to

53 drive them to the concert in my old Chrysler that’s as big as a whale. Jack said that

54 he would call me from his cell phone right after the concert to tell me if they

55 needed a ride or if they had found another way to get home. I said that I would be

56 happy to pick them up if needed.

57 Jack told me that the warm-up band would start at around 7:30 p.m. We left

58 the house right at 6:30 p.m. I noticed a vague smell of alcohol in the car. I never

59 thought that Jack would have been drinking. He was not that type of kid. Instead, I

60 assumed that Mel may have had a few drinks prior to the show. Mel is basically a

61 good kid, but I know that Mel had (and I assume still has) a problem with alcohol.

62 Jack was being a real friend and helping Mel through this rough patch. I didn’t

63 want to make waves, so I ignored the smell and just drove in silence. The kids

64 were talking animatedly about the band, the concert and the fireworks that they

65 would see. I assumed that Jack and Mel were referring to the small-scale effects, it

66 never occurred to me that full scale fireworks would be used in a place that small.

67 That’s just asking for someone to get hurt.

68 When I got close to the Love Shack, I noticed cars parked randomly by the

69 side of the road and dozens of people on foot headed toward the door. The venue

70 itself is set way back in the middle of a field. Since Jack had bought his tickets

71 about 6 weeks before the show, I knew that there wouldn’t be a problem getting in.

72 I felt badly for the crowd outside. It was a rather chilly night, but more

73 importantly, I knew how many people the club could hold. Not all of the people in

74 line were going to get into the concert. That was pretty clear from the size of the

75 line. I dropped Jack and Mel off at the nearest intersection before the club. There

76 was no reason to even try to get closer for a drop off. There was no way I would be

77 able to maneuver the car through the crowd. I drove directly home after dropping

78 them off.

79 I reached home a little before 8 p.m. Our garbage pick-up day is Friday. It’s

80 usually Jack’s job to take out the trash and the recycling. I figured I would do him

81 a favor since he would most likely be pretty tired in the morning. I gathered the

82 rest of the house trash and opened the lid to the dumpster. As I placed the bag on

83 top, I heard a couple of glass bottles rattle around. Jack’s usually real good about

84 sorting the recycling, so I was a little curious. I removed the bag and lifted the bag

85 below it to one side. I found two empty bottles of vodka. There were also a couple

86 of crushed cans which had contained one of those instant energy drinks. I’m no

87 dummy. I knew right away that Mel had stashed the empties in our garbage to hide

88 the evidence of her/his drinking. That certainly explained the alcohol smell in the

89 car. I had a fleeting thought to drive back to the Love Shack and haul the kids

90 home. But I figured that there would be no way for me to get close to the place and

91 then to get inside to retrieve them. I knew that they could not get any more alcohol

92 at the club. Since it was an “all ages” show, I hoped there would be a pretty careful

93 check of IDs to determine who got which color wrist band. I figured that Mel

94 would probably sober up at the show. I was going to have a real heart to heart with

95 Jack later that night about his friend and how we could get Mel the help s/he

96 needed.

97 I figured if the main act took the stage at 9 or even 9:30 p.m., the show

98 would probably be over at 11 or 11:15 p.m. When I hadn’t received a call from

99 Jack by 11:30, I began to worry. Jack was usually very good about calling to tell

100 me where he was, who he was with, and what time he’d be home. At 11:45 p.m., I

101 decided to get in the car and drive to the club. Since it is about 20 to 25 minutes

102 away, I thought that this would at least put me in the vicinity when Jack called.

103 I saw the flashing lights from a couple of blocks away. There were tons of

104 people standing around. At least 3 fire engines were on the scene and 2 ambulances

105 were there as well. The police had strung that yellow tape through the parking lot

106 and all around the building. I did not like the look of things at all and had a sudden

107 sense of dread. I pulled my car over and ran over to the first police officer I could

108 find. I think you could say that I was in a panic mode at that moment. I think I

109 started screaming and yelling for Jack. None of the officers would let me through. I

110 then saw Barrie Buck, the owner of the club, standing off to one side, more or less

111 by him/herself. I knew Barrie from my days working at the club. After all, Barrie

112 was the person who gave me my walking papers once s/he took over complete

113 control of the business.

114 I grabbed Barrie by the arm and yelled “Where’s my son? Where’s Jack?”

115 Barrie gave me a strange, distant look and muttered to no one in particular, “I had

116 no idea they would be so big. There were just too many.” I think I may have started

117 hitting Barrie, because two officers came over to pull us apart. One officer asked

118 for my name. When I replied with my name and that I was looking for my son, the

119 officer, Deputy Brooks, I believe, escorted me through the tape to the makeshift

120 command center. I tried to get a look inside the club. There were officers guarding

121 both of the main entrances. But the doors were open and very bright lights had

122 been set up inside the building. As I glanced in, I saw a group of people standing

123 and kneeling next to something on the floor closer to the stage than the door. I

124 knew right away that nothing good would come of this. I put all the pieces together

125 in my addled mind and knew for certain that the body on the floor was my Jack.

126

127 (Statement Continued After a Short Break)

128

129 All that talent, all that potential, a great big chunk of my heart was

130 extinguished that day. All because Barrie Buck failed to take some pretty simple

131 precautions.

132 I think I mentioned that I worked as the assistant manager at the Love Shack

133 up until about two years before the fire that killed Jack. I have experience in

134 managing restaurants and nightclubs. I knew Barrie Buck, one of the partners in

135 the Love Shack up until the time of the buy-out in 2016. I was hired in 2011 to

136 assist in running the food and beverage side of the business. At that time, the club

137 primarily was used as a reception hall for weddings, graduation parties, family

138 reunions, corporate get togethers, that sort of thing. There would be a few concerts

139 on weekends, but those were the exception, not the rule.

140 During my time there, the Love Shack was set up like a juke joint or night

141 club of old. There were round tables and a dance floor. The stage had an old

142 curtain behind it and was usually set up in tiered levels for big band style acts.

143 Every once in a while, for birthday celebrations and the like, we would get a

144 request to set off some indoor fireworks. I was always a little hesitant, but that

145 aspect of the business was not my responsibility. I do know, however, that the fire

146 marshal and county inspector would come to the place regularly. We were rated for

147 small stuff like flash pots and sparklers. I was sure that those requests for fireworks

148 were passed along and approved by the county authorities. As I said, they were

149 never very big and there was usually a large area roped off to prevent people from

150 getting too close to the displays. The place would get very smoky afterwards, and

151 we would have to open all the doors just to vent the place out.

152 In 2016, Barrie Buck bought the business outright from her/his partner, this

153 shady Chicago investor named Beatty Wiese. Barrie seemed to have grand plans

154 for the place. I think s/he saw it as THE small concert venue in the Midwest. The

155 plan, I think, was to attract big names as they traveled from Minneapolis, Chicago

156 or Kansas City. The legend of the Love Shack was a great lure for any band with a

157 sense of music history.

158 Originally, I figured that I would be kept on to manage the food and

159 beverage side of the business. Barrie indicated that there would be some significant

160 changes, but that for the time being, the Love Shack would still operate as club

161 offering food and drink. I had no problem with that part of the plan. I did have

162 some serious concerns about some of the structural or logistical ideas. When Barrie

163 first took over, I met with him/her to discuss a few things. I indicated that if the

164 place were to be used primarily for concerts, that the wise thing to do would be to

165 increase the main door to at least a double door. I suggest that s/he even consider

166 building some sort of larger entryway to help with traffic flow in and out of the

167 main room. I also suggested that the curtains behind the stage be removed or at

168 least replaced by newer, safer versions. Finally, I suggested that Barrie invest in a

169 back-up generator. Since the club is a little off the beaten track in rural Goldfinch

170 County, in bad Winter weather or during Summer storms, we tended to lose power.

171 Also, since the club relied on rural water, the generators could increase the water

172 pressure both for the kitchens and for the old sprinkler system.

173 Barrie listened politely to my suggestions. But the next week I received

174 notice that my services were no longer needed at the club. I left with no real hard

175 feelings towards Barrie Buck. After all, as the new owner and manager, s/he

176 should be able to make her/his own staffing decisions. I was able to land a job as

177 Catering Director at the new Mapes Conference Center in West Des Moines, which

178 is much closer to home.

179 I had been back to the Love Shack on two occasions since my employment

180 was terminated there. Once was for a corporate outing I helped to organize for Fry

181 Corp. The other time was for a concert featuring some of the “old timers” from the

182 80’s and 90’s who frequented the place way back when. For the Fry Corp event, I

183 noted that very little remodeling if any had been done – no new paint, no new

184 plaster, no new curtains. But I really didn’t think anything of it. On the second

185 occasion, I was a little more concerned. The way that they had set up entry to the

186 club seemed congested. There were a series of tables set up to essentially block

187 entrance to the main room. The ticket takers, ID checkers and bouncers sat behind

188 them and ushered people through. The show itself was great. And in fact, they used

189 some indoor fireworks. One blast went almost to the ceiling and then cascaded

190 down. I thought it was a bit dangerous but kept it to myself for the time being. I

191 later called the County and asked if there had been a permit issued. The answer

192 was yes to a very limited line of fireworks. I assumed that everything was in order.

193 I did notice, though, that there had been no upgrade to the venting system. After

194 the final round of fireworks, the whole place was cast in a fog. It was hard to see

195 anything and also very hard to breathe fresh air. I was really glad to get outside

196 after the show.

197 I did not hesitate when Jack said that he wanted to go to the concert at the

198 Love Shack on March 15. He had been to a few smaller shows there before. There

199 had not been any problems. Central Iowa has become a thriving music scene with a

200 lot of small, eclectic venues. But none matched the history and ambience of the

201 Love Shack. I really wish now that I had voiced my concerns about the place more

202 strongly. Especially when I heard the kids talking about fireworks. I had a bad

203 feeling then. I should have acted on it.

204 Plain and simple, Barrie Buck killed my son. For that there is no

205 forgiveness. There is no amount of money that can bring Jack back. I just want to

206 make sure that this animal cannot harm anyone else’s child.

Statement of Mel Pierson

1 My name is Mel Pierson. I am 19 years old. I was 17 at the time of the fire at

2 the Love Shack and Jack’s death. I graduated from Benjamin Harrison High

3 School in June 2018, just 3 months after Jack passed away. I’m still really shaken

4 up over the whole thing. I’m not sure that I can ever recover.

5 Jack was my best friend. We had known each other since grade school. We

6 went to Camp Morning Star and band camp together during the Summer when we

7 were little and then just hung out together pretty much all the time once we were in

8 high school. We shared many interests. We both loved music – making our own,

9 listening to a wide range of styles, and going to concerts. We also both loved film.

10 Again, making our own films and watching a lot of different types of movies. The

11 Summer we both turned 16, we got jobs at a record shop in town, Planet Claire. It

12 features local and obscure acts and stocks vinyl in addition to CD’s and tapes. The

13 store owner, Christina Thompson, hired us both because we were responsible and

14 because we both knew our music – especially cutting-edge bands. I think if it

15 weren’t for us, Christina wouldn’t even know who The Dutch Masters are or even

16 who Jerry Schnurr, aka Duke Silver, is. I think Jack and I kept it real for Christina.

17 Jack had this great clubhouse above his garage that we used to hang out in. It

18 was kind of sound proofed so we could jam on instruments, watch films, edit our

19 own films, really do anything we wanted there. Jack’s mother/father, Rickie,

20 respected our privacy and pretty much left us alone. During the 2017-2018 school

21 year, Jack and I really found our stride in filmmaking. We would go out in town

22 and tape anything that struck as unusual, weird, bizarre, or just plain dumb. We

23 both took along small digital video cameras everywhere we went so that we

24 wouldn’t miss anything strange. We would go back to Jack’s clubhouse and use his

25 editing program to make some really surreal tapes. This was definitely not

26 “America’s Funniest Home Videos”! Rather it was our twisted perspective on life

27 in these United States. We posted a number of the videos on YouTube and had

28 own space on Channel Z. We developed quite the cult following. We started our

29 own blog, Jack & Mel’s Big Film Show. We even received some inquiries from

30 Hollywood producers looking to borrow our ideas. I think the YouTube projects

31 and our success at local film festivals is what got Jack the scholarship to USC. I

32 had been planning on moving out to LA as well to continue our creative

33 partnership. Jack’s death not only ended his career, obviously, but put an end to

34 mine as well. Without Jack, I have no interest in doing my own videos. Nothing

35 seems very funny anymore.

36 Jack and I were really psyched when we heard that The Dutch Masters were

37 going to play at the Love Shack in March 2018. The show was scheduled for a

38 Thursday, but he was able to convince his mom/dad that the show was worth it.

39 My parents are a soft touch when it comes to those sorts of things. As long as Jack

40 got the go ahead, I was free to go as well. Jack had this great idea to do a short film

41 about our concert going experience. Rather than a straight documentary, though,

42 Jack wanted to push the envelope. He came up with this idea of making the film

43 about an obsessed fan (played by himself) who was going nuts at the concert. I

44 think more than anything, Jack was interested in seeing the reaction that he would

45 get from other concert goers, from the club management, and from the band. Jack

46 posted a teaser on our blog about the project and got a great response.

47 We spent the afternoon of March 15 getting ready for the show. Jack was not

48 normally an out of control freak. So, he spent part of the afternoon working up the

49 courage for his role – “liquid courage” that is. Jack and I had been out drinking

50 before in the past. He could really hold his own. But the alcohol did make him

51 lower his inhibitions. He didn’t really become wild, but definitely “looser.” He was

52 knocking back a really sick concoction of vodka and one of those energy drinks. I

53 had a couple of drinks too, but Jack really put a hurting on a couple of bottles. He

54 was pretty well amped when it was time to leave for the show.

55 We knew that we would have to smuggle the video camera into the show.

56 Most concerts have a strict prohibition against both video and still cameras. But,

57 since most everyone now has a cell phone that takes photos and vids, it’s a lot

58 tougher to enforce. High quality video is another thing all together though. We

59 really did not want to lose an expensive camera, so we came up with a plan to

60 smuggle the thing into the show. The last show that we went to at the Love Shack,

61 there was a security checkpoint where the bouncers not only checked ID, but also

62 rifled through bags, backpacks, etc. looking for contraband. So, we knew what we

63 were faced with.

64 Jack’s mother/father, Rickie, drove us to the show that night. I’ve had my

65 license suspended for an OWI – it was a bogus charge – and Jack didn’t have his

66 own wheels. We had arranged to call Rickie once the concert was over to come

67 and pick us up. Jack was so hyped on his video project that I knew after the show

68 we’d be up all night doing the first cut editing. Rickie dropped us off by the club

69 parking lot. The place looked absolutely packed! There were cars everywhere and

70 a line waiting to get in that stretched around for what would have been blocks.

71 There were folks lined up just to get down. We did a lot of filming while waiting in

72 line – interviews with other fans, Jack acting all goofy. We even got Rem Brandt

73 and a couple of the band members on tape checking out the crowd. They actually

74 thought we wouldn’t know who they were!

75 We finally made it to the front of the line. We stowed the camera away and

76 ferbled through the line. The bouncers looked really worn out. There were not

77 nearly enough of them to get everyone in efficiently. They were doing a quick

78 check of IDs and really just glancing in bags and backpacks. I think they were

79 getting to the point of just waving people through. There were tables set up so that

80 no one could go straight in, but a few people were pushing and shoving. I guess

81 they did not want to miss the warm-up band, Rock Lobstah – a tribute band to

82 some old New Wave dance music act from the 70’s and 80’s. Either that or they

83 really had to go to the bathroom. One of the guys at the door had a clicker, I guess

84 to keep track of how many people went in. He wasn’t doing a very good job

85 counting though. He was talking with one of his friends and every once in a while

86 would click 4 or 5 times to make up for anyone he may have missed. I showed my

87 ID and got my neon green wristband – under 21, no alcohol served – had my bag

88 checked (they did not find the camera!) and went on in. Jack was laughing

89 uproariously as he joined me. He held up his wrist and pointed – neon orange, over

90 21. Either Jack had scored a fake ID or the weary bouncer read the date wrong. In

91 any case, Jack made a bee line to the bar and got us a couple of beers. Life was so

92 good!

93 Jack probably had a few more beers during the warm-up. But once the real

94 gig started, he was all business. We got down right in front of the stage. I got out

95 my camera, and Jack started going off. It was jammed in front, but that didn’t stop

96 Jack. A couple of times – maybe 3 or 4 times – he was able to climb up on the

97 stage, do a little dance and then jump back into the mosh pit. I got some really

98 great footage. The last time, he was going to try to make an end run toward the

99 band and try to plant a kiss on the bass player. One of the bouncers got to him first

100 and threw him off the stage. He hit the floor pretty hard and got up a little dazed,

101 but he kept at his act.

102 The Dutch Masters had some fireworks during their show. For the most part

103 it wasn’t anything spectacular. I’ve seen much better at other shows. The freaky

104 part was that the flames shooting up from the stage went almost to the ceiling.

105 Everything was real close too. There was no barrier between where the

106 pyrotechnics were being set off and the crowd. There really was a sense of danger.

107 With the first notes of the encore, all heck broke loose! The Dutch Masters

108 lit into their signature tune. The crowd went wild and pushed even closer to the

109 stage. The whole shack shimmies as the crowd danced this mess around. A

110 massive pyrotechnic display erupted. The place was smoky, hot as an oven and real

111 close. I never really saw anything actually on fire, but the smoke was getting

112 thicker. All of a sudden, people went from movin’ and a-groovin’ to yelling and

113 screaming; pushing and shoving, trying to get away from the stage. I was knocked

114 down and trampled. Jack pulled me up and started to carry me to the entrance. We

115 got to the tables where we came in and there was a real log jam. People were trying

116 to push out. A few people tried to pick up the tables to either throw them out of the

117 way or to use them as battering rams, but they were stuck to the floor. At that

118 moment, I realized that I no longer had the video camera. I must have lost it when I

119 went down in the melee in front of the stage. I shouted to Jack. I really thought he

120 would just get us out of there. Instead, he told me to get out while I could. He said

121 it would be easier for him to go back rather than to go forward. He would try to

122 find the camera. He was that committed to the film project.

123 Before I could stop him, he took off. I was carried by the momentum of the

124 crowd finally out the door. Everyone was gasping for fresh air. I saw a number of

125 people bleeding. I know that I was really banged up – both because of the fall I

126 took, but also just from the pushing and shoving trying to get out. I really thought I

127 had broken a couple of ribs at least.

128 Once I got outside, I kept watching the door to see when Jack would make it

129 out. I never knew there was a back exit by the stage. I sure didn’t see the glowing

130 red light of an exit sign when we were in the club. In retrospect, it would have been

131 a lot easier for us to escape that way than to try to bull through the crowd in front. I

132 figured that Jack must have found his way out. But as the crowd started to disperse

133 and the fire engines and the ambulances arrived, I really started to worry. I never

134 saw Jack alive again.

135 I’ve since heard stories about how a guy in a neon green t-shirt (Jack was

136 wearing his favorite Mouse Rat shirt) helped dozens of people out the door safely.

137 One woman told me that she surely would have been trampled had not the guy in

138 the green shirt pulled her up and carried her partway to safety. I know Jack

139 prevented me from getting seriously hurt. If I were making a movie about this,

140 Jack definitely would be the hero. Barrie Buck is absolutely the villain. I don’t

141 know how s/he could have done more wrong. The Love Shack was literally a death

142 trap that night.

143 I don’t think that the police or the fire investigator ever found the camera

144 that I lost. I heard that they did find an electric guitar next to Jack’s body. I have no

145 idea how that could have happened. I assume that it’s just part of the legend that’s

146 grown up alongside this tragedy.

Statement of Fredrik/a Schneider

1 My name is Fred Schneider. I am currently employed as a fire investigator

2 for the State of Iowa Department of Criminal Investigation. I am called to the

3 scene to investigate building fires to determine cause, probability of suspicious

4 origin, and to assist in the determination as to whether criminal activity has taken

5 place. In addition to my duties with the state, I also work as a consultant for

6 Goldfinch County doing building code inspections for fire safety for commercial

7 properties within the county. Since I am a resident of Goldfinch County myself and

8 since my sibling is one of the County Supervisors, I make myself available to do

9 these inspections during my off hours with the State.

10 I have significant background in both building code and fire inspection. I

11 graduated from the University of Delaware, where I played basketball, with a

12 degree in criminal science. I then attended Southern Iowa University where I

13 received a Master’s degree in criminalistics. All through High School and during

14 Summers while in college and graduate school, I worked for a general building

15 contractor, Aaron Jones & Company. Given my course of study, I was the de facto

16 “code person” for the company. I reviewed all plans and did on-site visits to ensure

17 that all aspects of a building project were up to code. I am familiar with building

18 code provisions, particularly with regard to fire safety. I attended the Police

19 Academy where I received basic fire and emergency management training. I have

20 subsequently received more than 500 hours of fire inspection, fire investigation

21 and fire safety training through organizations ranging from the FBI to the National

22 Fire Safety Association to the Bureau of Alcohol Tobacco and Firearms. I keep up

23 to date on all professional literature in these fields. I don’t mean to brag, but when

24 a fire breaks out in central Iowa, I am usually one of the first people called to the

25 scene. I have a great track record of determining origin of fire. In my field of work,

26 it is important to investigate the scene as soon as possible; preferably while the fire

27 department and local police are still at the site.

28 I know all about GBCB’s and Barrie Buck. Remember, I grew up in

29 Goldfinch County. I’ve attended my fair share of concerts and events at the Love

30 Shack over the years. While we don’t run in the same social circles, I know Barrie

31 and the Buck family by reputation and through their community involvement. I

32 honestly believe that Barrie has the best interests of Goldfinch County and central

33 Iowa at heart when s/he tried to restore the Love Shack to be a destination

34 nightclub for major musical acts. I just wish that s/he had been able to put some

35 money behind her/his grandiose plans.

36 I did the most recent code and fire inspection of the Love Shack in August

37 2017. At that time, the County had received a request from Buck for a premises

38 fireworks permit. A local company, Fry Corp was having an event there and

39 wanted to fire off some explosives at their gathering, the annual Fry Fry. Since the

40 last complete inspection of the building had apparently taken place in May 2015

41 (which I did not do), it was well past time for a complete review of the facility.

42 As I recall, I met with Barrie Buck at the Love Shack on the morning of

43 August 5, 2017. It is my practice to have the owner or manager of an establishment

44 present while I conduct the review. That way I can point out areas of concern.

45 There are a number of things that may be “up to code” but that may still need

46 improvement. Usually business owners appreciate this type of heads-up. I liken

47 this to the garage or service station that tells you that your tires or fluid levels are

48 fine, but that they may need some attention soon. It allows for some advance

49 planning and budgeting. I know most of the business owners in Goldfinch County

50 and know that they really try to do right by codes, occupancy restrictions, etc.

51 There’s no need to be hardcore with them. A few well-placed suggestions get them

52 hopping to do needed repairs or improvements.

53 Anyway, I toured the Love Shack with Barrie and did a full-scale inspection.

54 I think you’ve got a copy of my official report. The inspection revealed that the

55 number of doorways was barely adequate for the listed occupancy rate. I suggested

56 that Barrie might want to either add another exit or expand the front exit to double-

57 doors to improve traffic flow. I also pointed out that if s/he did both, s/he would be

58 able to increase capacity at the club. I also noticed that several tables were grouped

59 by the front entry. I picked one up to make sure that they were not secured to the

60 floor – that would be a violation. As it was, I told Barrie that the tables really were

61 too close to the entrance and could cause a real problem if people needed to get in

62 or to get out in a hurry. Barrie indicated that the tables served as an ID and bag

63 inspection check point. S/he led me to believe that once an event had started that

64 the tables were removed to allow for better access to the exit door. I certainly can

65 feel for the predicament that club and bar owners are put in. They need to make

66 absolutely sure that no under-aged patrons either bring in alcohol or purchase

67 alcohol while on the premises. The moveable tables were not a fire code violation

68 per se, but I cautioned Barrie nonetheless.

69 My report notes that there was no certificate showing when the emergency

70 lighting system had replacement batteries installed. The emergency system

71 includes both the red, illuminated exit signs as well as track lights that would come

72 on in the building in case of a power outage or other emergency. Barrie also could

73 neither recall when the batteries had last been changed, nor when the system had

74 last been checked. S/he assured me that it would be taken care of right away. I also

75 pointed out that the fire code specified that there should be no obstacles or

76 impediments to the red exit lights above the doors. Patrons should be able to see all

77 exit signs clearly so that in the case of an emergency, they could locate the closest

78 point of egress. There was no problem with the front or main door. However, the

79 rear or stage door exit sign was somewhat obstructed by stage curtains. Barrie

80 indicated that during performances, the curtains were tied back in such a way as to

81 allow for full view of the exit sign. I did make a note of this in my report, but that

82 by itself was not sufficient to cause a failing inspection grade.

83 I’ve lived in Goldfinch County almost my entire life and know that

84 sometimes the water pressure from the rural water system is not the greatest. I

85 advised Barrie that s/he might want to invest in some sort of back-up generator and

86 water pump to ensure that in case of a fire, the sprinkler system (which while an

87 older model, was still in decent shape) would be able to put out the flames. My

88 suggestion did not get a verbal response, just kind of a smirk and shrug from

89 Barrie. I’m really not sure what that was about. I was just trying to be helpful.

90 Based on that review, I concluded that the building was up to code. I did not

91 increase the occupancy limit of the premises. The occupancy limit is a reflection of

92 how many people can be safely inside a building at any one time. There is a

93 formula that takes into account the number of exits, the size and structure of the

94 exits, the fire suppression and ventilation systems, the number of restrooms, the

95 proposed use of space and overall available space. Based on the math, the

96 maximum occupancy rate for the Love Shack remained at 300.

97 After my initial inspection, I then addressed the specific request for a permit

98 for “small scale” pyrotechnics. Barrie indicated that Fry Corp was insistent about

99 renting a facility that would allow for outdoor firework displays (this was

100 absolutely no problem at the Love Shack – there was lots of space) and for indoor

101 special effects. Barrie also told me that if the club could get rated for small

102 displays, it would help to attract some additional bands that rely on such “extras”

103 as part of their shows.

104 I am familiar with the basics of the indoor pyrotechnic effects. In many

105 instances, there is no actual flame. As long as there is sufficient clearance – both

106 between the effect and the audience and between the floor and ceiling – there are

107 very few problems. Some other effects consist of very short flame blasts

108 approximately 6 to 7 feet high. Again, as long as there are sufficient clearances,

109 there are few problems. Given the size of the Love Shack, the height of the ceiling,

110 the location and height of the stage, and the other factors from my complete

111 inspection, I saw no reason to deny a small-scale indoor pyrotechnics permit. The

112 permit was not event specific. It was valid for one year from the date of issuance. I

113 told Barrie that there would no doubt be another inspection before the end of the 12

114 months and at that time, we would review the pyro permit as well. If improvements

115 were made to the club as I had outlined, we may be able to upgrade the permit to

116 allow for “medium sized” indoor effects. The larger ones – spinners, cannons, full

117 scale indoor fireworks, etc. – would never pass muster at the club given the size,

118 age, and configuration of the building.

119 I received a call on the evening of March 15, 2018 that there was a fire in

120 progress at the Love Shack in Goldfinch County. I was directed to report to the site

121 and to conduct a suspicious fire investigation just as soon as the building was

122 secure. I headed right over to the club. I arrived at approximately 11:45 p.m. Since

123 the fire had been suppressed, I was allowed into the building to start my

124 investigation. The initial call that I received had not indicated that there were any

125 casualties. I was not prepared for what I saw. Police detectives were huddled

126 around the body of what appeared to be a young man. He was lying face down

127 with his head in the direction of the main entrance. He was dressed in a bright

128 green t-shirt, jeans and red high-top sneakers. It did not appear that he had

129 anything in his hands, but he was wearing a bright orange wristband. There was an

130 electric guitar positioned close to the body. A police detective indicated that the

131 deceased was one Jack Wilson, age 18, resident of rural Goldfinch County. This

132 information was garnered from his driver’s license and other identification. Of

133 course, I know Rickie Wilson, Jack’s parent. While I did not know Jack, I do

134 remember reading about his scholarship to a film school in California in the

135 Goldfinch Gazette.

136 My job does not consist of homicide investigation, so I left the detectives to

137 their work. I began to look around the premises in an attempt to reconstruct the fire

138 and its origins. I focused first on the stage curtains. It was clear to me that these

139 were the culprits. The left curtain as you face the stage was significantly scorched.

140 The fire pattern ran from an area approximately midway up the curtain to the

141 ceiling. The acoustical tiles directly above the curtains and stage also showed signs

142 of scorching. Fortunately, it did not appear that the flames got very far. The floor

143 was damp, though there was no evidence of puddles. I would have expected that

144 the force of the sprinkler system would have left puddling on the floor. The room

145 was still extremely smoky. Clearly the ventilation system was not sufficient to

146 clear the smoke and noxious fumes. Both exit signs were still illuminated. The rear

147 or stage exit sign was partially obscured by the curtain. There were clear signs of a

148 mass exodus from the main entrance. I found the remains of 2 or 3 tables close to

149 the front door. There was evidence that this furniture had been bolted or secured to

150 the floor in some way. One of the twisted metal table legs still protruded from the

151 flooring. During my investigation, I found a handheld counting device on the floor

152 near the remains of the front tables. I photographed it, placed it in an evidence bag,

153 and gave it to one of the detectives. The number displayed on the counter was 375.

154 Based upon my many years of experience and training, I concluded that the

155 fire was ignited on stage, that it traveled up the curtains and into the ceiling tiles.

156 The fire itself was of short duration but produced a great deal of smoke and fumes.

157 While the sprinkler system operated to suppress the flames, it did not completely

158 extinguish the fire. The ventilation system was not adequate to remove smoke and

159 fumes from the building. The position of the tables by the main exit and the fact

160 that they were secured to the floor served to channel or herd people in a manner

161 that was patently dangerous. There was no evidence of arson or of the fire having

162 been intentionally set.

163 I read the coroner’s summary and know that Jack Wilson died from

164 asphyxiation. He had a significant amount of smoke in his lungs. The report further

165 notes substantial bruising over the body and makes particular reference to serious

166 head trauma caused within an hour of death. He also had a blood alcohol content

167 level of .07.

168 I understand that the County Attorney has reviewed my findings as well as

169 those of the homicide investigators and that she has chosen not to file criminal

170 charges against either the Love Shack or its owner, Barrie Buck.

171 I can’t comment on the legal issues, but to my mind what Barrie did in that

172 club was criminal. S/he deserves to be held accountable for the death of that boy.

Statement of Barrie Buck

1 My name is Barrie Buck. I am the owner and manager of the historic club

2 the Love Shack outside of Des Moines, Iowa in rural Goldfinch County. My great

3 grandfather was one of the original founders of the club. He and his business

4 associates built the Love Shack from a small, out of the way venue, to a world

5 class nightclub. My goal in purchasing the establishment outright a couple of years

6 ago was to restore the building to its former grandeur and to restore the reputation

7 to a must-play destination for musical acts as they tour the Midwest.

8 Through its history, the Love Shack has been known as a number of

9 different things. The only constant has been the connection to my family. When it

10 first began in 1917 during Prohibition, the place didn’t have a real name, but was

11 known as simply the Ballroom. It was home to community musical gatherings,

12 lectures, and all manner of performances.

13 With the advent of Prohibition, it became known as the Love Shack. I’ll be

14 frank, the place was a speakeasy. While it still hosted many community gatherings

15 on the up and up, it also was a feel-good destination for anyone wanting to wet

16 their whistle.

17 Despite the repeal of Prohibition in 1933, the place struggled through the

18 Depression. My great grandfather vowed to keep the place open as an escape from

19 everyday life. They were able to attract a number of the traveling musical acts and

20 operated as a bar and grill just to make ends meet.

21 With the coming of World War II, the Shack really hit its stride. It became

22 THE place for USO tours, concerts, celebrity appearances, etc. From 1940 into the

23 early 1950’s, it was a major force in Big Band, Swing, and Jazz. Every notable

24 group stopped in Des Moines to play there. It was a happening place.

25 The reputation as a juke joint led it to be on the cutting edge of rock and roll

26 in the 1950’s. The name changed with the times and became the Hawaiian Ha-Le,

27 complete with Tiki influences. But the general funky vibe remained. Along with

28 the Surf Ballroom in northern Iowa, the Ha-Le was a major destination for rock

29 and roll acts in the Midwest. This continued well into the 1960’s.

30 The late 60’s and early 70’s saw another tough stretch for the hall. It still

31 hosted the occasional Big Band revival or 50’s style rock and roll act, but the trend

32 toward psychedelic rock and toward large-scale music festivals meant that the Ha-

33 Le no longer was relevant to current musical trends.

34 That all changed in the mid 1970’s. Perhaps as a backlash against both big

35 arena rock acts and the popularity of disco, the club, rechristened the Love Shack,

36 became a major force in alternative, experimental, and punk music. Once again,

37 the Shack was a big-time player. My father was the primary owner and manager

38 during this musical renaissance. He worked long hours to make the Love Shack the

39 premier venue for up and coming, cutting edge bands. Everyone felt welcome at

40 the Love Shack and everyone left happy.

41 My father became ill in the mid 1990’s and could no longer run the place

42 alone. My siblings and I were in no position at the time to take up the reigns either.

43 Dad sold the place to a Chicago investment group headed by the wealthy land

44 developer Beatty Wiese. He thought that they were going to preserve the history of

45 the place and make it a tourist destination/hall of fame for alternative music. That

46 may have been what the new owners promised, but it certainly was not what they

47 did. Though they kept the Love Shack name, they turned the place into a mockery

48 of itself. They “countrified” the structure, painted it red, and erected a faux silo for

49 the full “barn” effect. They dubbed the new place the Celebration Barn of Love. It

50 was available for weddings, family reunions, corporate picnics and the like. While

51 there was the odd concert, it really was a sad, sad sight to behold.

52 My plan all along was to buy the place and to restore it to its former glory as

53 soon as I had enough cash. In 2007, I became an investor with the Chicago outfit

54 that still owned the club and bought a partial interest. I did all I could to try to

55 attract musical groups on the weekends or as they traveled from Chicago or

56 Minneapolis to the next concert. I also urged the majority owners to invest in a

57 better food and beverage service, in effect creating a restaurant to keep the place

58 relevant. We hired professional staff to run the bar and grill and I served as the

59 entertainment coordinator. I had done quite a bit of concert promotion while in

60 college and right after, so I knew the ropes pretty well.

61 In 2016, I finally raised enough money to buy out Beatty Wiese’s company.

62 They demanded a pretty steep price, but I really wanted the place back in the

63 family. I had heard that they were in negotiation with Gryzzl Corp to sell the land,

64 tear down the structure and develop the property as a Summer camp and Extreme

65 Sports destination park. I scraped together as much money as I could. With the

66 left-over cash on hand (not much), I took down that stupid silo, repainted the

67 club’s exterior and bought retro neon Love Shack signage. I kept the rusted tin roof

68 to preserve some of the ambience. I thought the new exterior look might be a draw.

69 I was right. The place was a big hit right away. I worked tirelessly to get the bands

70 and the acts that were hot, unique, or even bizarre. Finally, the Love Shack was

71 returned to its former glory!

72 I knew that there were still some substantial renovations needed in the

73 interior. I had to work around both the price tag for such an overhaul and

74 scheduling. I could not afford to shut the place down for 3 to 5 months while the

75 entire interior was redone. I was trying to do the repairs that were absolutely

76 needed as well as a few cosmetic changes as time and money permitted.

77 In 2017 and early 2018, right up until the time of the fire, the Love Shack

78 was booked pretty much solid. There were concerts and shows scheduled most

79 every weekend. I was able to continue to serve the corporate community for

80 retreats, picnics, dinners and the like. We even hosted a few school dramatic

81 productions during those months. The Benjamin Harrison High School production

82 of Rosencrantz and Gildenstern Are Dead really packed the place. There must have

83 been 400 to 500 people at each show. I know that exceeds the occupancy limit, but

84 every business does it from time to time. The school Principal made a special

85 request and the county just kind of winked and nodded at it.

86 My first exposure to pyrotechnics at the club was in the Summer of 2017. A

87 local company, Fry Corp, had organized a major community fundraiser. They

88 intended to shoot off fireworks after dark. Because of some really bad weather, the

89 event had to be moved indoors. The pyrotechnic company they had contracted with

90 was able to reconfigure the display – downsize it quite a bit – and fire it off

91 indoors. Believe me, I was a nervous wreck when I heard that plan. But the county

92 fire inspector met with me and cleared it. In fact, the inspector didn’t issue a one-

93 time use exception, but rather a one-year permit for small scale pyrotechnics use

94 indoors. That allayed some of my fears. I figured that the county fire inspector

95 knew his/her job. Any lingering concerns were dispelled when I witnessed the

96 corporate display. It was absolutely stunning! And completely safe! I had been

97 worried about fire and smoke obviously. The fire never even came close to

98 anything that could be ignited. The ceiling of the place is 22 feet high. There was

99 at least 5 to 7 feet of clearance. The smoke dissipated really quickly. The venting

100 system worked well and cleared the haze away in a matter of minutes. I was

101 impressed.

102 Since that event, I have routinely approved the use of supervised, small scale

103 pyrotechnics by bands and acts at the Love Shack. Supervised means that the

104 effects have to be done by a licensed and certified professional – not just any

105 roadie. Small scale means that nothing larger than that original display would be

106 allowed. Flash pots – good; rockets – not good. I think it’s pretty generally

107 understood what constitutes a small-scale effects display.

108 During my 10+ years in managing and owning the club, county building and

109 fire inspectors came by approximately every 10 to 12 months. The last full-scale

110 inspection that we had at the Love Shack prior to the fire in March 2018 was the

111 one that cleared the use for pyrotechnics in August 2017 – 7 months prior to the

112 fire. There was nothing out of line with that. I was present for the entirety of the

113 inspection and had an extensive discussion with the inspector, Fred Schneider,

114 upon completion. I didn’t want the Love Shack to just be “up to code,” I wanted to

115 go beyond the code. I asked a number of pointed questions to Fred about fire safety

116 (since it is an older building), room capacity, exit sufficiency, rest room numbers

117 and locations, ventilation, sprinkler capacity, and everything imaginable. I knew

118 that I would not be able to make all of the improvements right away, but I made a

119 long list of things to get to soon. Even with that long list, though, the Love Shack

120 did pass inspection and was up to code.

121 Given the size of the building and the number and location of the exits, we

122 were given a maximum occupancy rating of 300. The inspector asked about our

123 entrance procedure – specifically the location of the tables we have located by the

124 main door. I told Fred about the careful attention we give to checking IDs. S/he

125 seemed satisfied with the set-up.

126 Since August 2017, I routinely ask performers to give me an idea of what

127 special effects, if any, they plan to use during their performances. I recall a brief

128 conversation that I had with Rem Brandt, the lead singer and representative for The

129 Dutch Masters, about the routine. Brandt told me that they would use “the usual

130 stuff.” I’ve never seen The Dutch Masters live, so I asked what exactly that meant.

131 Brandt said that they used small scale pyros during the main show and “just a little

132 extra” during the encore. I told Brandt that we were approved for small scale

133 effects only and reminded her/him that the band had to provide all of the tech crew.

134 Brandt said not to worry. I assumed that meant that even the “extra” effects fell

135 into the “small scale” category. I certainly never anticipated a “Spinner” or a large

136 “Fire Cannon” effect.

137 I remember The Dutch Masters setting up during the afternoon of March 15.

138 I was at the club for only a short time. While I try to oversee all concert operations

139 personally, I do have other matters to attend to during the week. Had this show

140 been on a weekend, I would have been there all day. On a Thursday, though, I left

141 the club and the set-up in the capable hands of my assistant, Lauren. While I was

142 there, I did not see any fireworks being set up. However, I did not go up on the

143 stage to look around either. It looked like the roadies and techs were busy hooking

144 everything up. I don’t like to micro-manage and I certainly don’t want to get in the

145 way of busy tech crews. Even had I seen the fireworks mechanisms, I would not

146 have been able to tell the scope or the intensity of the display from the canisters.

147 Normally the stage curtains are pulled back away from the stage.

148 Occasionally an act will reposition the curtains for acoustical reasons. I did not

149 notice anything out of the ordinary. Therefore, I believe that the curtains were in

150 their standard and safe position. The curtains were fairly old. They probably dated

151 from the mid 1970’s. At the time of their installation, I’m confident that they

152 passed all fire and safety regulations. The sad irony of the fire is that I had recently

153 ordered new, state of the art, flame retardant curtains of the same style to replace

154 the old ones. They arrived from the manufacturer 10 days after the fire.

155 As I mentioned, the Love Shack was up to code in all respects as of the last

156 inspection in August 2017. While I did plan to make some interior improvements,

157 including curtain replacement, paint, flooring, lighting, etc. the lack of renovation

158 did not contribute in any way to the fire. It was nothing more than a tragic

159 accident.

160 I had an architectural firm, Cameron & Associates, draw up plans for a new

161 wider entrance with an anteroom and awning in 2016. I’ve met with them on a few

162 occasions since then to refine the plan and to maintain the traditional look of the

163 club. Such a major improvement was going to require some serious cash. The plan

164 was on hold at the time of the fire. Again, the doors available were sufficient to get

165 everyone out of the club safely and were up to code. It appears that if that young

166 man had not gone back to try to steal the guitar, he would have gotten out safely as

167 well.

168 I believe that I have a well-trained, conscientious staff. My security

169 personnel are very good about doing ID checks and bag searches of everyone

170 entering the club for a concert. I know that a number of other establishments have

171 been cited for serving alcohol to underage patrons. We have never had that

172 problem. Our wristband system makes it very easy for our bartenders to serve the

173 appropriate libation to our patrons. The system in place allows those wearing neon

174 orange wristbands to buy and consume alcohol. Anyone with a neon green

175 wristband will only be served soft drinks. Anyone without a wristband is referred

176 to security to be escorted out of the establishment.

177 My security personnel use hand-held “clicker” style counters to monitor

178 room capacity. Our occupancy limit is 300. Once we reach that level, additional

179 patrons must wait for someone to leave before they are allowed in. For a ticketed

180 show like The Dutch Masters, only 300 tickets were sold. There was a stand-by

181 line in case at the time of the show, there was extra space available. I know that

182 The Dutch Masters was a sold-out show. I have been told that the clicker device

183 found by the entrance of the Love Shack after the fire indicated that more than 300

184 people were in the club. The only explanations that make sense are either that the

185 security personnel were keeping a running total – including those who may have

186 left early and were replaced by stand-bys – or that the clicker device was advanced

187 during the rush to exit the building. Either is certainly more likely than thinking

188 that we knowingly violated our occupancy limit. We would never do that.

189 All of the staff at the Love Shack are required to attend Emergency

190 Preparedness Training classes every six months. These sessions review procedures

191 and protocol for a variety of emergency situations, everything from tornado and

192 power outages to CPR and First Aid. The staff at the Love Shack is prepared to

193 handle any type of emergency.

194 I feel very badly about the young man who died in the fire. I received a call

195 from my assistant shortly after the fire broke out. I rushed to the scene. I spoke

196 with police and the fire inspectors. I remember seeing Rickie Wilson, there as well.

197 I know Rickie because s/he is a former employee. I did not know that the victim

198 was her/his son. I really don’t remember what I said to Rickie, if anything. It was a

199 traumatic experience for everyone there.

200 I’m sickened by what happened at the Love Shack. I can repair the damage

201 to the club. I can’t give back life. I’m defending this lawsuit to try to defend my

202 reputation and my good name.

Statement of Stacey Byrne

1 My name is Stacey Byrne. I am the senior partner at the pyrotechnic, special

2 effects company, Strobe Light. I have been involved with pyrotechnic displays for

3 more than 30 years. I have been retained by the defense in this matter, which is

4 paying my normal consulting fee of $350/hour.

5 I am a native of Oklahoma, from the small town of Mesopotamia – deep in

6 the heart of oil country. I grew up watching my daddy extinguish oil rig fires.

7 Those things could just burn for weeks and even months. They were tricky to

8 control, but Daddy was an expert.

9 I have a bachelor’s degree from Oklahoma Central University in

10 pyrotechnics and a masters degree from Oklahoma A & M in explosives. My

11 friends and business partners like to call me “Doctor Bomber.” I have to remind

12 them that I’m not a real doctor but play one with TNT!

13 I have been called in on a number of high-profile explosives and fire cases to

14 consult with local, state and federal experts. I was offered a high-level job with the

15 Bureau of Alcohol, Tobacco & Firearms, but turned it down. I can make a lot more

16 money in private business, and after all, isn’t that why you work?

17 I’m about as certified as a person can get in this field. I have more than 30

18 years of experience, more than 1,500 hours of training – in fact, I now conduct the

19 trainings! – and have up to date credentials from the BATF (Bureau of Alcohol,

20 Tobacco & Firearms), NFPA (National Fire Protection Association), the

21 Pyrotechnics Guild International and the Southwest Pyrotechnics Association. I

22 have trained bomb squads, fire departments, and city, county and state fire

23 marshals all over the United States. I am the author of the standard training manual

24 used by pyrotechnicians throughout North America and Europe, Pyro 101.

25 I am on-call with the North American Pyrotechnic Association (NAPA) to

26 do on-site investigations of fires and explosions related to pyrotechnic displays.

27 Anytime there is a fire, explosion or an accident involving professional fireworks

28 or pyrotechnics, I’m called in to conduct an unbiased investigation. The

29 Association is very concerned about its public image and the bad rap that

30 pyrotechnics get as being dangerous. They work hard to dispel this public image. It

31 is far from the truth. In fact, a pyrotechnic display conducted by a trained and

32 certified professional is a safe and enjoyable form of entertainment. We bring joy

33 to millions of people each year through our craft. We don’t want to see our

34 reputation tarnished by misconceptions and faulty investigations. It is convenient

35 for investigators to fall back on blaming “fireworks” for things that go wrong. If

36 they don’t know what actually caused a fire, why “fireworks” is the convenient

37 excuse. In the pyrotechnic community, we like to say, “Fireworks don’t injure

38 people; people injure people.”

39 I received a call from NAPA on March 16, 2018 and was informed there had

40 been a fire at a nightclub in central Iowa the previous evening. The media was

41 quick to blame “fireworks” for the death of a young person at the club. I

42 immediately cleared my schedule for the next two days and made myself available

43 to do an impartial investigation of the situation. NAPA sent its private jet to pick

44 me up and fly into the Des Moines area. I arrived late in the day on March 16 and

45 made arrangements to conduct my own investigation on the morning of March 17,

46 2018. I also reviewed Iowa laws and codes relating to firework and pyrotechnic

47 displays. Permits in Iowa are issued by county or municipal authorities who may

48 set their own standards. There is no statewide certification requirement for

49 operators, simply that fireworks and pyrotechnic displays be handled by a

50 “competent authority.”

51 I toured the facility, conducted a number of tests, interviewed the owner of

52 the club, Barrie Buck, and spoke with the chief fire investigator, Fredrik/a

53 Schneider, about the events of March 15. The following are my opinions and

54 conclusions related to my investigation:

55 1. Floor Plan of the Love Shack: I have examined the floor plan of the

56 club. Working exits are marked. Comparing the number of exits to the code

57 requirements shows that the owner is in compliance, provided that the occupancy

58 capacity of 300 persons was not exceeded. Further, an investigation of each exit

59 door reveals that all doors, and the exit lights above the doors, were properly

60 functioning on the date of the incident, March 15, 2018. The sprinkler system

61 appeared to operate within listed, acceptable parameters.

62 2. Pyrotechnic Devices (PTDs): Most people think of pyrotechnic devices

63 as merely “fireworks.” These are the people who usually have the most problems

64 with the devices. Analysis of the PTDs used by The Dutch Masters at the Love

65 Shack on March 15, 2018 shows the following: The display was installed and

66 operated by a competent, certified professional. The mechanisms were all in

67 working order and show no sign of malfunction. From the evidence I obtained both

68 on site and through my interviews, I ascertained that The Dutch Master

69 pyrotechnic display consisted of rather standard theatrical grade pyrotechnics: a

70 series of Flash Bangs (operated through propane flash pots located to the side and

71 front of the stage), a smoke and fog machine (situated back stage and to the right of

72 center stage), two Flame Projectors (operated electronically and issuing 10 to 16

73 foot pillars of flame for 2.5 seconds each use), a Strobe Salute (a brilliant flash or

74 strobe of light followed by a thunderous clap of noise), and a motorized Spinner

75 and Saxton (essentially a spinning pinwheel of flame with a diameter of 30 feet).

76 The last effect was used only during the encore and only for a short period of time.

77 Each of the PTDs referenced above are designed and manufactured specifically for

78 use in close proximity shows with materials that produce little or no smoke or

79 exhaust.

80 The problems at the Love Shack on March 15 reportedly occurred during the

81 encore at the end of the show when the Spinner and Saxton allegedly ignited the

82 stage curtain. During my interview with Barrie Buck s/he indicated that the

83 curtains were always kept tied back during performances and were definitely in

84 that state at the start of the show. Once the performance began, the responsibility to

85 maintain the stage and equipment (including the curtains) fell to the band’s own

86 stagehands and technical crew.

87 I conducted chemical analysis on the remnants of the PTDs. I conclude to a

88 reasonable degree of scientific certainty that all of the previously mentioned

89 devices operated within manufacturer’s standards for permissible fireworks in a

90 “small scale” production. The chemical analysis coincides with published

91 manufacturer’s information and standards. The inclusion of the Spinner and Saxton

92 pushes the entirety of the display to the top range of what might be considered a

93 “small scale” show. Without a doubt, the total display can be either characterized

94 as a “large, small scale show” or a “small, medium scale show.”

95 An area of concern for me is the Spinner and Saxton effect. Given the

96 overall size of the venue, the size of the stage and the proximity of the crowd to the

97 stage area, I would not have recommended that this effect be included in the show.

98 While the dimensions of the effect fall in line with minimum requirements, in my

99 opinion, they are a little too close for comfort. Industry standards advise that an

100 area of 15 feet be allowed between this effect and spectators. Given the location of

101 the display on stage, the size of the stage, and the location of the crowd to the

102 stage, this standard may not have been met.

103 An additional area of concern is more cosmetic than anything else. Industry

104 standards advise, and many jurisdictions require, that portable fire extinguishers be

105 provided in the discharge area. While it appears that Goldfinch County has no such

106 requirement, I would have advised a minimum of three extinguishers be present for

107 this type of overall special effects display.

108 My thorough investigation and analysis of the evidence gathered following

109 the concert at the Love Shack by The Dutch Masters indicates that the most readily

110 apparent cause of the fire was the stage curtain being pulled or loosened from its

111 tied-down location and being ignited by the Spinner and Saxton effect during the

112 encore. There was absolutely no malfunction on the part of any of the pyrotechnic

113 effects. I make the above conclusions to a reasonable degree of scientific certainty.

Statement of Rem Brandt

1 My name is Rem Brandt. Yeah, that’s my real name. I had it legally changed

2 while I was in college. I’m the founder and lead singer for “The Dutch Masters” –

3 an indie-alt-thrash metal-punk band. We were the lead act the night of the fire at

4 the Love Shack. What a tragedy! For that kid who died. For that venerable hall.

5 For our band. Talk about no winners!

6 I’m a native Iowan, as are all of the band members. I grew up outside of

7 Mason City. I used to go to a lot of the retro acts playing at the Surf Ballroom. I

8 really found my love for music at an early age. I vaguely remember drumming on

9 the couch as a toddler. I learned to play the guitar and piano by age 4. I was in a

10 few bands in high school – mostly cover bands that played at parties, weddings and

11 family reunions. I tell ya, we used to get some strange requests for songs. (Kung

12 Fu Fighting? Karma Chameleon? Rock the Casbah?) It definitely broadened my

13 repertoire! I didn’t really come to alternative/punk/thrash metal music until

14 college.

15 I attended Tabard University and graduated in 2011 with a degree in Art

16 History and Literature. I was transfixed by the glory of the great Dutch painters. It

17 was during my senior year that I made a commitment to art (through music). I

18 vowed that my music would enlighten the world in the same way as the great

19 Renaissance painters. As a token of my sincerity, I changed my name to Rem

20 Brandt.

21 It was also during college that I met all but one of my current band mates.

22 We’re a diverse bunch, but we all love music, and all want to change the world

23 through our artistry. Anjie Shutts (Van Go) is on the keyboards. At Tabard, she

24 was really into math. Anjie saw the connection between music and math and to our

25 great benefit chose music. Jimi Dykstra (Van Dyck) plays the drums. He was pre-

26 law at Tabard but chose to follow his true passion. The bass guitarist is Torey C –

27 No one can pronounce her last name. She goes by “Rubens” in the band. She

28 joined up with us right before graduation in May 2011. As a theater major, it was

29 either traveling with the band or acting in some 2-bit community theater. I think

30 she made the right choice. She keeps mentioning that she’s working on a play –

31 something about the day the music died. She’s even been in touch with

32 Pibb/Pepper Productions to stage the thing. Sounds promising – I think she’s got a

33 shot! The last band member did not attend Tabard. In fact, I don’t know if or where

34 he went to college at all. It’s one of those “need to know” things. It has no bearing

35 on the music and that’s all that counts. “VerMeer” is a real mystery. Really the

36 only thing I know about him is that he’s originally from Hamilton County, Iowa,

37 that he plays a mean guitar and that he always wears a pearl earring. I think his real

38 name might be Henry.

39 Right out of college, we signed a contract with an indie label in Des Moines

40 – Colonel Dinkla’s Army (founded by the former lead singer of Possum Roadkill).

41 It was a bit surreal. We got a lot of gigs playing children’s music festivals,

42 carnivals, etc. during the day (think jam band versions of Wheels on the Bus and

43 Twinkle, Twinkle Little Star and hopped up versions of classic Raffi and Justin

44 Roberts tunes) and played at alt rock venues at night. We hit it big when a song I

45 wrote, and we recorded (Erudite Aphrodite – I Love A Girl’s Who’s Smart) got

46 picked up as a background tune on the show Community in the Fall of 2013. Those

47 freaky TV fans are loyal! They snapped up the song, our CDs, our t-shirts and

48 more. That’s also when we were contacted by the big time LA recording label,

49 Private Idaho.

50 We went national. Although we still played mostly in the Midwest, we were

51 booked for MTV’s Spring Break Jam in Florida, South Padre and Cabo. We also

52 opened for some major acts as they toured the Midwest. I think we’re most proud

53 of our time with Slipknot. Who would ever have thought that two Iowa bands on

54 the same stage could make such a big impact! It was during this time in our band’s

55 metamorphosis that we started using pyrotechnics – big firework displays at

56 outdoor festivals and devastating flash and burn effects indoors.

57 For the next year, we toured and recorded non-stop. Another of my songs hit

58 it big on college radio stations and on I-tunes. “Hellfire and Amsterdamnation”

59 became our anthem. The pyro dudes worked up a great set of effects for this song

60 and our public relations guru, Kristen Shaffer, encouraged us to do it only during

61 an encore to really end the show with a bang.

62 One of the first places that The Dutch Masters ever played was the Love

63 Shack outside of Des Moines. Talk about a place with history! It’s a funky old

64 shack with a tin roof rusted and just oozes ambience. Since the promoter gave us a

65 chance when no one else would give us the time of day, I wanted to give

66 something back. We jumped at the chance to play a special gig there in March

67 2018. It coincided with the release of our new CD “The Dutch Masters Paint By

68 Numbers.” Since we were so booked, we had to fit it in on a Thursday, March 15.

69 The owner of the place loved the idea, didn’t see a problem with a weeknight show

70 (Spring Break was just around the corner), and knew that on a Thursday we’d be

71 the only gig in town.

72 We negotiated our contract demands and I know we discussed our

73 pyrotechnic needs. We’d been doing the same type of show for almost a year, so it

74 was all pretty standard. Given the age of the club, I know that I must have made

75 mention of the special effects and the need for a permit. I don’t remember

76 specifically what we talked about – I was probably half asleep in the bus at the

77 time – but it’s always the same conversation; what they need, what we need, times

78 for set-up and sound checks. That kind of stuff.

79 We pulled into Des Moines early on March 15 after a show at the Deadbeat

80 Club in Minneapolis the night before. It was afternoon before we got to the Love

81 Shack for our run through. The roadies had already set up most of the equipment,

82 including the flash pots and other effects. We were just plugging in and checking

83 sound levels when the club owner showed up. This must have been around 3 p.m.

84 or so. We talked for a little while. The rest of the band was going through the

85 normal sound and light check paces – including a few of the sonic bangs (the

86 special effects that make a loud BANG, BANG, BANG but no fire or smoke). I

87 remember this distinctly since we had to yell at times. I had to yell, “I can’t hear

88 you!” a couple of times after the bangs. At other times it became completely dark

89 while the techies messed with the lights and strobes. Our conversation took place

90 maybe 20 feet from the stage.

91 At that time, I’m sure the pyrotechnics were already set up on stage. The

92 routine is the same at every gig – 1) rig stage; 2) set up off-stage sound equipment;

93 3) set up pyrotechnics; 4) set up lights; 5) set up instruments, microphones and

94 amps; 6) connect all wires to master control board; and finally 7) do the sound and

95 light check. The techs always set up the pyrotechnics and special effects in areas

96 that are completely safe. The stage at the Love Shack looked a lot like the set-up at

97 other venues, maybe just a little more cramped for space. I remember seeing those

98 curtains near some of the flash pots on the side, but the curtains were tied back out

99 of the way and the flash pots only need minimal clearance. It didn’t look like a

100 problem to me. The owner had to have seen the equipment. S/he sure didn’t

101 mention anything about the curtains or the pyrotechnics at the time.

102 I asked Barrie Buck if s/he wanted to do a final walk through with me and

103 meet the band. Some of the promoters and club owners really like meeting the

104 bands, having their pictures taken, exchanging gifts … that sort of thing. Barrie

105 seemed a bit distracted and said that “everything looked fine.” I guess I can’t say

106 for sure that s/he saw the fireworks, but they were all in plain sight, and everything

107 seemed cool. Barrie apologized for the rundown condition of the club and said

108 something about fixing it up soon. It did look a little “rode hard and put up wet”

109 compared to other venues (peeling paint, dingy walls, stained floors, etc.), but then

110 this place was historic! Regardless of the actual condition of the place, it was the

111 Love Shack.

112 The show that night went really well. The first act – Rock Lobstah – was

113 great! They really got the crowd worked up into a lather. Their lead singer, Quiche

114 Lorraine, has an awesome voice and incredible range!

115 When we took the stage, everything was jumping! Literally! There were 5 or

116 6 kids who climbed up on the stage and jumped into the maelstrom in front of the

117 stage. For the most part the crowd surfing went pretty well. There was this one guy

118 though - I remember him distinctly because he was wearing a neon green Mouse

119 Rat concert t-shirt – who kept climbing and jumping over and over. The mosh pit

120 was cool with it the first few times, but it got to the point where they were just

121 letting him fall to the floor. It had to have been pretty painful. The goofball also

122 tried to climb the curtains to the right of the stage – I guess to get more altitude for

123 his jump or to do a Tarzan swing into the crowd – but one of the bouncers grabbed

124 him halfway up the curtain and flung him back into the crowd. Come to think of it

125 now, that could have screwed up the curtain moorings, how it was hanging, and

126 ultimately how close the flash pots and other effects were to the curtains. I guess

127 it’s ironic that that’s the kid who died in the fire.

128 We try to keep track of how many people come to our shows. We usually

129 talk to the club owners or management to get a count. Since Barrie was not there, I

130 had planned to check with him/her the next day while we were heading to the next

131 gig. I knew that the bouncers at the door were keeping a count with those clicky

132 things, but we obviously never got an official report. Van Go, Van Dyck and I like

133 to roam outside the venue before shows to get in the right groove. It’s amazing

134 how rarely you’re spotted by the concert goers! Anyway, we were just roaming

135 around the world outside before the show that night. The parking lot was

136 absolutely jammed. People were parking all over the place. The line to get in

137 stretched for blocks. I know I’m not an expert or anything, but I’d say that there

138 had to have been at least 400 to 500 people in line. I think they were all there for

139 the new CD release and for our “special guest.” We had not announced it, but word

140 got out that the world-renowned jazz sax player, Jerry Schnurr, would be jamming

141 with us that night. That name might not ring a bell, but he goes by “Duke Silver” –

142 and I mean Everyone knows that cat! He has a huge following in the greater Des

143 Moines area.

144 The pyrotechnics went off during the show as usual. There were no

145 problems until the very end. During the encore, the big effects are ignited. They

146 went off, the crowd went wild and I did not notice anything unusual at first. Then

147 there was the smell of a different kind of smoke – like something was on fire, not

148 the lingering smell of fireworks. I saw the right curtain smoking pretty heavily. I

149 didn’t actually see flames, but it was pretty obvious to me that the thing had caught

150 fire. It looked like the curtain had shut part way. The tech guy had been over there

151 during part of the show setting off the flash pots and checking on some of the other

152 effects. He told me later that he never messed with the curtains in any way.

153 The stage filled with real smoke pretty fast. After I heard about that Great

154 White incident a number of years ago, I was not going to play around with fire.

155 Even though I had my favorite guitar with me, I just dropped everything and ran

156 for the exit. The other members of the band were ahead of me. I remember Jimi

157 (Van Dyck) just grabbed me and shouted, “leave it” and “we need to get out of

158 here now.” I looked back at the crowd on the floor. There was a crowded mass

159 pushing, pulling and climbing towards the main entrance. People were falling

160 down – and I’m sure getting stomped. The closer they got to the main door, the

161 more congested everything was. Those tables that had been set up to control entry

162 were now getting in the way of people getting out. It was a real mob scene: people

163 yelling, screaming, screeching – everyone was just freaking out. The smoke was

164 getting thicker. I could barely make out the red glow of the exit sign behind the

165 stage. A few of the concert goers had figured out that there was an exit back there

166 also and were streaming past us. The house lights never came on. The sprinkler

167 system must have been working at least a little bit since by the time I got outside,

168 my clothes were damp.

169 As we headed back to the stage door, I remember taking one last look at the

170 stage. I couldn’t believe it. That same kid in the neon green t-shirt was rifling

171 through our stuff! He had picked up Torey C’s bass but dropped it when he saw

172 my axe laying there. He grabbed it and took a flying leap off the stage. That was

173 the last I saw of him. Jimi pushed me along the back wall to the stage door and

174 outside.

175 We heard the sirens for the fire engines and ambulances. I didn’t know what

176 happened until later when the other band members and I were trying to figure out if

177 we could go back in and try to salvage any of our equipment. We lost thousands of

178 dollars worth of equipment and staging. I lost that guitar – my favorite, the one that

179 I bought with my first check as a professional musician. What an absolute tragedy.

180 That guitar was like my baby.

181 The whole fire thing delayed our tour and recording schedule. We had a

182 bunch of cancellations and bad press. We may have missed our shot at the really

183 big time. We still tour and still record, but the bookings have gone way down. The

184 next thing you know we’ll be playing ballparks.

185 I feel real bad about what happened to that kid. In fact, I’ve written a song

186 about him and dedicated it to all of our fans – The Ballad of Jumpin’ Jack.

EXHIBITS

Exhibit 1

Main Floor Plan of The Love Shack Nightclub

(Kitchen situated in area immediately behind bar on both the main level shown on the map as well as a partial basement, not shown.)

Exhibit 2

STATE OF IOWA Certificate of Death

Decedent Name: Last/First/Middle Sex DOB

WILSON Jack Ramone M 09 17 1999

Decedent Address: Street/City/State/Zip

197852 B Avenue South Goldfinch Iowa 59643

Decedent Occupation & Business Address

Student Benjamin Harrison High School

Next of Kin – Name/Address/ Telephone

Rickie Wilson 197852 B Avenue South Goldfinch Iowa 59643 515.799.2555

Notification of Next of Kin: Time/Date/Method/Person

0045 March 16, 2018 In Person Deputy Olivia Brooks, GCSD

Location/Date/Time of Incident Location Type

The Love Shack Nightclub Commercial Property: March 15, 2018 Nightclub 2330

Description of Incident

Fire at above referenced nightclub

Cause of Death: Primary/Secondary (if indicated)

Asphyxiation due to Smoke Inhalation Blunt Force Trauma Cranial Hemorrhaging

Certification of Death: Date/Time

March 16, 2018 0430

Certification of Death: Location/Physician

Goldfinch County Hospital Gianni Fever, M.D.

Police Report: Date/Case Number/Officer/Badge/Agency

March 16, 2018 05031601 O. Brooks 2007 Goldfinch County Sheriff

Exhibit 2

STATE OF IOWA Certificate of Death

Coroner’s Notes:

Decedent is an 18 year old male in good physical shape.

Dressed in Bright Green T-shirt, Blue Jeans, Red Converse All-Star Sneakers, White Socks, Blue Boxer Shorts.

Bright Orange Band on Left Wrist. All other Personal Effects Collected and Cataloged by Sheriff.

Decedent shows signs of multiple blunt force trauma of recent origin. Bruising on arms, legs, torso and head. Head trauma (forehead) appears to be severe.

Tox screen – Negative

Blood Alcohol Content Level = .07

Cause of Death – Asphyxiation due to Smoke Inhalation

Exhibit 3

Exhibit 4

INSPECTION CHECKLIST & REPORT August 5, 2017

AREA LEVEL NOTES

Access/Egress LP Question positioning of moveable tables in front of main access/egress point. Floor Plan/Layout P Sufficient for public performances Emergency Lighting LP Needs replacement batteries for back-up system. EXIT lights must be visible to all patrons during public event. Sprinkler System P Older model, but still in decent condition HVAC (Ventilation) P Older model, but remains in decent overall condition Separate Ventilation - P Kitchen Emergency Breakers – P Kitchen Restrooms P Adequate Alarm System P Battery back-up needs replacement on regular basis Evacuation Plan Posted P Commercial Grade Portable P 3 in Kitchen area, 1 behind Bar Fire Extinguishers Maintenance Check on Fire LP Safety tag not updated regularly Extinguishers Separate/Secure Storage for HP Excellent, secure facility for flammables Flammable Materials ADA Compliance P

HP = High Pass P = Pass LP = Low Pass F = Fail

OCCUPANCY LIMIT 300

OTHER NOTES, CERTIFICATES OR PERMITS:

Approved for Small Scale Close Proximity Indoor Pyrotechnic Displays Permit Valid for One (1) Year from time of Issuance

Exhibit 5

CERTIFICATE OF TRAINING

EMERGENCY MANAGEMENT, INC.

This is to Certify that the Management and Staff of

THE LOVE SHACK

Have Successfully Completed Training in the Following Course

EMERGENCY PREPAREDNESS 101

This TRAINING consists of 5 HOURS of work in:

General First Aid CPR Tornado Drills Fire Suppression/Fire Drills Fire Arms/Weapons Control Crowd Control and Management Emergency Access/Egress Homeland Security OSHA Overview

Training Conducted By

Matthew Jessen

This 19th Day of JANUARY 2018

Exhibit 6

Jack & Mel’s Big Film Show Blog

March 12, 2018

What Up Dawgs?! Mel & I have something SUPER SWELL planned for our next film project! Want to get inside the mind of an OBSESSED ROCK FAN?? We’re takin it on the road to catch THE DUTCH MASTERS LIVE. How will the band, the club, the bouncers and the other fans react to an OUT OF CONTROL GROUPIE??!!?? Look for our first cut on YouTube and Channel Z early Friday Morning! You Won’t Be Disappointed!

Comments:

YOU ROCK JACK!!! (dmrockstar) dont forget crowd surfing dude! (alohadude)

Rock On Jack and Mel! (littlebadwolf)

r u @ Love Shack Thursday? (kingofswing)

I hear the Masters really light the place up! (sheldonthegrumpysquirrel)

Bring Back A Souvenir Dude! (prudencethemusicgenie)

Give Jimi D a BIG Smooch for me! He’s HOT! (danceynancy)

Exhibit 7

Exhibit 9