THE THIRTY-SEVENTH ANNUAL IOWA MIDDLE SCHOOL ......d/b/a THE LOVE SHACK NIGHTCLUB, ) ) Defendant. ) _____ COMES NOW Rickie Wilson, as the Administrator for the Estate of Nightclub,

1

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

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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.

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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.

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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.

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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.

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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.

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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;

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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.

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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

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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

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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.




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.


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.

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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).


COUNT II

WRONGFUL DEATH


herein.





17. Defendant denies the allegations contained in paragraph 17 of the Petition,

including subparagraphs (a) through (h).


COUNT III

SURVIVAL ACTION


herein.

20. Defendant denies the allegations contained in paragraph 20 of the Petition,

including subparagraphs (a) through (g).


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COUNT IV

PREMISES LIABILITY


herein.

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




27. Defendant denies the allegations contained in paragraph 27 of the petition,

including subparagraphs (a) through (n).



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.

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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.

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

by Decedent Jack Wilson.

_________________________

ATTORNEY FOR DEFENDANT

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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

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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):

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[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.)

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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.



damages. If the plaintiff has proved all of these propositions, you will consider the affirmative

defense as set forth in defendant’s answer.

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.

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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.

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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.


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:

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 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.




affirmative defense as set forth in defendant’s answer.

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.

23

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.



affirmative defense set forth in defendant’s answer.

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WITNESS

STATEMENTS

25

Statement of Rickie Wilson

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

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

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

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

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

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

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

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

never happens again. Barrie Buck must be stopped. 9

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

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

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

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

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

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

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

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

older brother, she’s lost another parent. 18

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

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

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

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

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

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

26

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

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

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

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

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

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

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

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

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

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

finalist for one of their Spielberg scholarships. 35

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

27

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

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

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

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

happy to pick them up if needed. 56

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

them off. 78

28

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

needed. 96

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

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

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

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

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

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

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

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

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

29

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

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

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

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

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

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

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

control of the business. 113

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

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

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

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

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

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

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

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

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

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

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

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

126

(Statement Continued After a Short Break) 127

128

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

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

precautions. 131

30

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

sense of music history. 157

31

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

is much closer to home. 178

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

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

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

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

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

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

32

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

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

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

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

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

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

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

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

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

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

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

after the show. 196

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

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

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

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

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

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

feeling then. I should have acted on it. 203

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

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

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

33

Statement of Mel Pierson

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

34

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

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

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

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

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

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

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

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

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

seems very funny anymore. 35

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

35

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

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

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

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

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

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

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

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

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

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

were faced with. 63

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

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

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

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

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

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

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

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

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

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

thought we wouldn’t know who they were! 74

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

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

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

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

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

36

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

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

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

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

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

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

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

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

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

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

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

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

good! 92

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

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

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

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

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

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

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

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

but he kept at his act. 101

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

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

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

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

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

37

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

had broken a couple of ribs at least. 127

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

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

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

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

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

38

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

saw Jack alive again. 134

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

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

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

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

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

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

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

trap that night. 142

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

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

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

grown up alongside this tragedy.146

39

Statement of Fredrik/a Schneider

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

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

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

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

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

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

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

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

these inspections during my off hours with the State. 9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40

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

department and local police are still at the site. 27

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

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

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

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

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

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

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

money behind her/his grandiose plans. 35

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

hopping to do needed repairs or improvements. 52

41

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

per se, but I cautioned Barrie nonetheless. 68

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

lighting system had replacement batteries installed. The emergency system 70

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

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

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

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

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

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

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

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

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

42

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

as part of their shows. 103

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

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

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

43

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

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

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

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

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

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

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

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

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

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

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

age, and configuration of the building. 118

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

44

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

Goldfinch Gazette. 135

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

45

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

been intentionally set. 162

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

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

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

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

level of .07. 167

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

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

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

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

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

46

Statement of Barrie Buck

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

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

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

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

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

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

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

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

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

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

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

lectures, and all manner of performances. 12

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

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

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

their whistle. 16

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

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

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

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

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

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

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

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

47

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

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

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

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

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

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

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

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

Le no longer was relevant to current musical trends. 33

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

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

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

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

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

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

the Love Shack and everyone left happy. 40

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

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

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

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

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

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

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

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

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

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

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

48

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

returned to its former glory! 71

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

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

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

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

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

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

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

49

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

impressed. 101

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

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

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

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

50

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

understood what constitutes a small-scale effects display. 107

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

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

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

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

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

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

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

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

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

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

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

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

did pass inspection and was up to code. 120

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

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

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

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

seemed satisfied with the set-up. 125

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

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

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

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

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

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

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

51

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

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

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

“Fire Cannon” effect. 136

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

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

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

been on a weekend, I would have been there all day. On a Thursday, though, I left 140

the club and the set-up in the capable hands of my assistant, Lauren. While I was 141

there, I did not see any fireworks being set up. However, I did not go up on the 142

stage to look around either. It looked like the roadies and techs were busy hooking 143

everything up. I don’t like to micro-manage and I certainly don’t want to get in the 144

way of busy tech crews. Even had I seen the fireworks mechanisms, I would not 145

have been able to tell the scope or the intensity of the display from the canisters. 146

Normally the stage curtains are pulled back away from the stage. 147

Occasionally an act will reposition the curtains for acoustical reasons. I did not 148

notice anything out of the ordinary. Therefore, I believe that the curtains were in 149

their standard and safe position. The curtains were fairly old. They probably dated 150

from the mid 1970’s. At the time of their installation, I’m confident that they 151

passed all fire and safety regulations. The sad irony of the fire is that I had recently 152

ordered new, state of the art, flame retardant curtains of the same style to replace 153

the old ones. They arrived from the manufacturer 10 days after the fire. 154

As I mentioned, the Love Shack was up to code in all respects as of the last 155

inspection in August 2017. While I did plan to make some interior improvements, 156

including curtain replacement, paint, flooring, lighting, etc. the lack of renovation 157

did not contribute in any way to the fire. It was nothing more than a tragic 158

accident. 159

52

I had an architectural firm, Cameron & Associates, draw up plans for a new 160

wider entrance with an anteroom and awning in 2016. I’ve met with them on a few 161

occasions since then to refine the plan and to maintain the traditional look of the 162

club. Such a major improvement was going to require some serious cash. The plan 163

was on hold at the time of the fire. Again, the doors available were sufficient to get 164

everyone out of the club safely and were up to code. It appears that if that young 165

man had not gone back to try to steal the guitar, he would have gotten out safely as 166

well. 167

I believe that I have a well-trained, conscientious staff. My security 168

personnel are very good about doing ID checks and bag searches of everyone 169

entering the club for a concert. I know that a number of other establishments have 170

been cited for serving alcohol to underage patrons. We have never had that 171

problem. Our wristband system makes it very easy for our bartenders to serve the 172

appropriate libation to our patrons. The system in place allows those wearing neon 173

orange wristbands to buy and consume alcohol. Anyone with a neon green 174

wristband will only be served soft drinks. Anyone without a wristband is referred 175

to security to be escorted out of the establishment. 176

My security personnel use hand-held “clicker” style counters to monitor 177

room capacity. Our occupancy limit is 300. Once we reach that level, additional 178

patrons must wait for someone to leave before they are allowed in. For a ticketed 179

show like The Dutch Masters, only 300 tickets were sold. There was a stand-by 180

line in case at the time of the show, there was extra space available. I know that 181

The Dutch Masters was a sold-out show. I have been told that the clicker device 182

found by the entrance of the Love Shack after the fire indicated that more than 300 183

people were in the club. The only explanations that make sense are either that the 184

security personnel were keeping a running total – including those who may have 185

left early and were replaced by stand-bys – or that the clicker device was advanced 186

53

during the rush to exit the building. Either is certainly more likely than thinking 187

that we knowingly violated our occupancy limit. We would never do that. 188

All of the staff at the Love Shack are required to attend Emergency 189

Preparedness Training classes every six months. These sessions review procedures 190

and protocol for a variety of emergency situations, everything from tornado and 191

power outages to CPR and First Aid. The staff at the Love Shack is prepared to 192

handle any type of emergency. 193

I feel very badly about the young man who died in the fire. I received a call 194

from my assistant shortly after the fire broke out. I rushed to the scene. I spoke 195

with police and the fire inspectors. I remember seeing Rickie Wilson, there as well. 196

I know Rickie because s/he is a former employee. I did not know that the victim 197

was her/his son. I really don’t remember what I said to Rickie, if anything. It was a 198

traumatic experience for everyone there. 199

I’m sickened by what happened at the Love Shack. I can repair the damage 200

to the club. I can’t give back life. I’m defending this lawsuit to try to defend my 201

reputation and my good name.202

54

Statement of Stacey Byrne

My name is Stacey Byrne. I am the senior partner at the pyrotechnic, special 1

effects company, Strobe Light. I have been involved with pyrotechnic displays for 2

more than 30 years. I have been retained by the defense in this matter, which is 3

paying my normal consulting fee of $350/hour. 4

I am a native of Oklahoma, from the small town of Mesopotamia – deep in 5

the heart of oil country. I grew up watching my daddy extinguish oil rig fires. 6

Those things could just burn for weeks and even months. They were tricky to 7

control, but Daddy was an expert. 8

I have a bachelor’s degree from Oklahoma Central University in 9

pyrotechnics and a masters degree from Oklahoma A & M in explosives. My 10

friends and business partners like to call me “Doctor Bomber.” I have to remind 11

them that I’m not a real doctor but play one with TNT! 12

I have been called in on a number of high-profile explosives and fire cases to 13

consult with local, state and federal experts. I was offered a high-level job with the 14

Bureau of Alcohol, Tobacco & Firearms, but turned it down. I can make a lot more 15

money in private business, and after all, isn’t that why you work? 16

I’m about as certified as a person can get in this field. I have more than 30 17

years of experience, more than 1,500 hours of training – in fact, I now conduct the 18

trainings! – and have up to date credentials from the BATF (Bureau of Alcohol, 19

Tobacco & Firearms), NFPA (National Fire Protection Association), the 20

Pyrotechnics Guild International and the Southwest Pyrotechnics Association. I 21

have trained bomb squads, fire departments, and city, county and state fire 22

marshals all over the United States. I am the author of the standard training manual 23

used by pyrotechnicians throughout North America and Europe, Pyro 101. 24

55

I am on-call with the North American Pyrotechnic Association (NAPA) to 25

do on-site investigations of fires and explosions related to pyrotechnic displays. 26

Anytime there is a fire, explosion or an accident involving professional fireworks 27

or pyrotechnics, I’m called in to conduct an unbiased investigation. The 28

Association is very concerned about its public image and the bad rap that 29

pyrotechnics get as being dangerous. They work hard to dispel this public image. It 30

is far from the truth. In fact, a pyrotechnic display conducted by a trained and 31

certified professional is a safe and enjoyable form of entertainment. We bring joy 32

to millions of people each year through our craft. We don’t want to see our 33

reputation tarnished by misconceptions and faulty investigations. It is convenient 34

for investigators to fall back on blaming “fireworks” for things that go wrong. If 35

they don’t know what actually caused a fire, why “fireworks” is the convenient 36

excuse. In the pyrotechnic community, we like to say, “Fireworks don’t injure 37

people; people injure people.” 38

I received a call from NAPA on March 16, 2018 and was informed there had 39

been a fire at a nightclub in central Iowa the previous evening. The media was 40

quick to blame “fireworks” for the death of a young person at the club. I 41

immediately cleared my schedule for the next two days and made myself available 42

to do an impartial investigation of the situation. NAPA sent its private jet to pick 43

me up and fly into the Des Moines area. I arrived late in the day on March 16 and 44

made arrangements to conduct my own investigation on the morning of March 17, 45

2018. I also reviewed Iowa laws and codes relating to firework and pyrotechnic 46

displays. Permits in Iowa are issued by county or municipal authorities who may 47

set their own standards. There is no statewide certification requirement for 48

operators, simply that fireworks and pyrotechnic displays be handled by a 49

“competent authority.” 50

56

I toured the facility, conducted a number of tests, interviewed the owner of 51

the club, Barrie Buck, and spoke with the chief fire investigator, Fredrik/a 52

Schneider, about the events of March 15. The following are my opinions and 53

conclusions related to my investigation: 54

1. Floor Plan of the Love Shack: I have examined the floor plan of the 55

club. Working exits are marked. Comparing the number of exits to the code 56

requirements shows that the owner is in compliance, provided that the occupancy 57

capacity of 300 persons was not exceeded. Further, an investigation of each exit 58

door reveals that all doors, and the exit lights above the doors, were properly 59

functioning on the date of the incident, March 15, 2018. The sprinkler system 60

appeared to operate within listed, acceptable parameters. 61

2. Pyrotechnic Devices (PTDs): Most people think of pyrotechnic devices 62

as merely “fireworks.” These are the people who usually have the most problems 63

with the devices. Analysis of the PTDs used by The Dutch Masters at the Love 64

Shack on March 15, 2018 shows the following: The display was installed and 65

operated by a competent, certified professional. The mechanisms were all in 66

working order and show no sign of malfunction. From the evidence I obtained both 67

on site and through my interviews, I ascertained that The Dutch Master 68

pyrotechnic display consisted of rather standard theatrical grade pyrotechnics: a 69

series of Flash Bangs (operated through propane flash pots located to the side and 70

front of the stage), a smoke and fog machine (situated back stage and to the right of 71

center stage), two Flame Projectors (operated electronically and issuing 10 to 16 72

foot pillars of flame for 2.5 seconds each use), a Strobe Salute (a brilliant flash or 73

strobe of light followed by a thunderous clap of noise), and a motorized Spinner 74

and Saxton (essentially a spinning pinwheel of flame with a diameter of 30 feet). 75

The last effect was used only during the encore and only for a short period of time. 76

Each of the PTDs referenced above are designed and manufactured specifically for 77

57

use in close proximity shows with materials that produce little or no smoke or 78

exhaust. 79

The problems at the Love Shack on March 15 reportedly occurred during the 80

encore at the end of the show when the Spinner and Saxton allegedly ignited the 81

stage curtain. During my interview with Barrie Buck s/he indicated that the 82

curtains were always kept tied back during performances and were definitely in 83

that state at the start of the show. Once the performance began, the responsibility to 84

maintain the stage and equipment (including the curtains) fell to the band’s own 85

stagehands and technical crew. 86

I conducted chemical analysis on the remnants of the PTDs. I conclude to a 87

reasonable degree of scientific certainty that all of the previously mentioned 88

devices operated within manufacturer’s standards for permissible fireworks in a 89

“small scale” production. The chemical analysis coincides with published 90

manufacturer’s information and standards. The inclusion of the Spinner and Saxton 91

pushes the entirety of the display to the top range of what might be considered a 92

“small scale” show. Without a doubt, the total display can be either characterized 93

as a “large, small scale show” or a “small, medium scale show.” 94

An area of concern for me is the Spinner and Saxton effect. Given the 95

overall size of the venue, the size of the stage and the proximity of the crowd to the 96

stage area, I would not have recommended that this effect be included in the show. 97

While the dimensions of the effect fall in line with minimum requirements, in my 98

opinion, they are a little too close for comfort. Industry standards advise that an 99

area of 15 feet be allowed between this effect and spectators. Given the location of 100

the display on stage, the size of the stage, and the location of the crowd to the 101

stage, this standard may not have been met. 102

An additional area of concern is more cosmetic than anything else. Industry 103

standards advise, and many jurisdictions require, that portable fire extinguishers be 104

58

provided in the discharge area. While it appears that Goldfinch County has no such 105

requirement, I would have advised a minimum of three extinguishers be present for 106

this type of overall special effects display. 107

My thorough investigation and analysis of the evidence gathered following 108

the concert at the Love Shack by The Dutch Masters indicates that the most readily 109

apparent cause of the fire was the stage curtain being pulled or loosened from its 110

tied-down location and being ignited by the Spinner and Saxton effect during the 111

encore. There was absolutely no malfunction on the part of any of the pyrotechnic 112

effects. I make the above conclusions to a reasonable degree of scientific certainty.113

59

Statement of Rem Brandt

My name is Rem Brandt. Yeah, that’s my real name. I had it legally changed 1

while I was in college. I’m the founder and lead singer for “The Dutch Masters” – 2

an indie-alt-thrash metal-punk band. We were the lead act the night of the fire at 3

the Love Shack. What a tragedy! For that kid who died. For that venerable hall. 4

For our band. Talk about no winners! 5

I’m a native Iowan, as are all of the band members. I grew up outside of 6

Mason City. I used to go to a lot of the retro acts playing at the Surf Ballroom. I 7

really found my love for music at an early age. I vaguely remember drumming on 8

the couch as a toddler. I learned to play the guitar and piano by age 4. I was in a 9

few bands in high school – mostly cover bands that played at parties, weddings and 10

family reunions. I tell ya, we used to get some strange requests for songs. (Kung 11

Fu Fighting? Karma Chameleon? Rock the Casbah?) It definitely broadened my 12

repertoire! I didn’t really come to alternative/punk/thrash metal music until 13

college. 14

I attended Tabard University and graduated in 2011 with a degree in Art 15

History and Literature. I was transfixed by the glory of the great Dutch painters. It 16

was during my senior year that I made a commitment to art (through music). I 17

vowed that my music would enlighten the world in the same way as the great 18

Renaissance painters. As a token of my sincerity, I changed my name to Rem 19

Brandt. 20

It was also during college that I met all but one of my current band mates. 21

We’re a diverse bunch, but we all love music, and all want to change the world 22

through our artistry. Anjie Shutts (Van Go) is on the keyboards. At Tabard, she 23

was really into math. Anjie saw the connection between music and math and to our 24

great benefit chose music. Jimi Dykstra (Van Dyck) plays the drums. He was pre-25

60

law at Tabard but chose to follow his true passion. The bass guitarist is Torey C – 26

No one can pronounce her last name. She goes by “Rubens” in the band. She 27

joined up with us right before graduation in May 2011. As a theater major, it was 28

either traveling with the band or acting in some 2-bit community theater. I think 29

she made the right choice. She keeps mentioning that she’s working on a play – 30

something about the day the music died. She’s even been in touch with 31

Pibb/Pepper Productions to stage the thing. Sounds promising – I think she’s got a 32

shot! The last band member did not attend Tabard. In fact, I don’t know if or where 33

he went to college at all. It’s one of those “need to know” things. It has no bearing 34

on the music and that’s all that counts. “VerMeer” is a real mystery. Really the 35

only thing I know about him is that he’s originally from Hamilton County, Iowa, 36

that he plays a mean guitar and that he always wears a pearl earring. I think his real 37

name might be Henry. 38

Right out of college, we signed a contract with an indie label in Des Moines 39

– Colonel Dinkla’s Army (founded by the former lead singer of Possum Roadkill). 40

It was a bit surreal. We got a lot of gigs playing children’s music festivals, 41

carnivals, etc. during the day (think jam band versions of Wheels on the Bus and 42

Twinkle, Twinkle Little Star and hopped up versions of classic Raffi and Justin 43

Roberts tunes) and played at alt rock venues at night. We hit it big when a song I 44

wrote, and we recorded (Erudite Aphrodite – I Love A Girl’s Who’s Smart) got 45

picked up as a background tune on the show Community in the Fall of 2013. Those 46

freaky TV fans are loyal! They snapped up the song, our CDs, our t-shirts and 47

more. That’s also when we were contacted by the big time LA recording label, 48

Private Idaho. 49

We went national. Although we still played mostly in the Midwest, we were 50

booked for MTV’s Spring Break Jam in Florida, South Padre and Cabo. We also 51

opened for some major acts as they toured the Midwest. I think we’re most proud 52

61

of our time with Slipknot. Who would ever have thought that two Iowa bands on 53

the same stage could make such a big impact! It was during this time in our band’s 54

metamorphosis that we started using pyrotechnics – big firework displays at 55

outdoor festivals and devastating flash and burn effects indoors. 56

For the next year, we toured and recorded non-stop. Another of my songs hit 57

it big on college radio stations and on I-tunes. “Hellfire and Amsterdamnation” 58

became our anthem. The pyro dudes worked up a great set of effects for this song 59

and our public relations guru, Kristen Shaffer, encouraged us to do it only during 60

an encore to really end the show with a bang. 61

One of the first places that The Dutch Masters ever played was the Love 62

Shack outside of Des Moines. Talk about a place with history! It’s a funky old 63

shack with a tin roof rusted and just oozes ambience. Since the promoter gave us a 64

chance when no one else would give us the time of day, I wanted to give 65

something back. We jumped at the chance to play a special gig there in March 66

2018. It coincided with the release of our new CD “The Dutch Masters Paint By 67

Numbers.” Since we were so booked, we had to fit it in on a Thursday, March 15. 68

The owner of the place loved the idea, didn’t see a problem with a weeknight show 69

(Spring Break was just around the corner), and knew that on a Thursday we’d be 70

the only gig in town. 71

We negotiated our contract demands and I know we discussed our 72

pyrotechnic needs. We’d been doing the same type of show for almost a year, so it 73

was all pretty standard. Given the age of the club, I know that I must have made 74

mention of the special effects and the need for a permit. I don’t remember 75

specifically what we talked about – I was probably half asleep in the bus at the 76

time – but it’s always the same conversation; what they need, what we need, times 77

for set-up and sound checks. That kind of stuff. 78

62

We pulled into Des Moines early on March 15 after a show at the Deadbeat 79

Club in Minneapolis the night before. It was afternoon before we got to the Love 80

Shack for our run through. The roadies had already set up most of the equipment, 81

including the flash pots and other effects. We were just plugging in and checking 82

sound levels when the club owner showed up. This must have been around 3 p.m. 83

or so. We talked for a little while. The rest of the band was going through the 84

normal sound and light check paces – including a few of the sonic bangs (the 85

special effects that make a loud BANG, BANG, BANG but no fire or smoke). I 86

remember this distinctly since we had to yell at times. I had to yell, “I can’t hear 87

you!” a couple of times after the bangs. At other times it became completely dark 88

while the techies messed with the lights and strobes. Our conversation took place 89

maybe 20 feet from the stage. 90

At that time, I’m sure the pyrotechnics were already set up on stage. The 91

routine is the same at every gig – 1) rig stage; 2) set up off-stage sound equipment; 92

3) set up pyrotechnics; 4) set up lights; 5) set up instruments, microphones and 93

amps; 6) connect all wires to master control board; and finally 7) do the sound and 94

light check. The techs always set up the pyrotechnics and special effects in areas 95

that are completely safe. The stage at the Love Shack looked a lot like the set-up at 96

other venues, maybe just a little more cramped for space. I remember seeing those 97

curtains near some of the flash pots on the side, but the curtains were tied back out 98

of the way and the flash pots only need minimal clearance. It didn’t look like a 99

problem to me. The owner had to have seen the equipment. S/he sure didn’t 100

mention anything about the curtains or the pyrotechnics at the time. 101

I asked Barrie Buck if s/he wanted to do a final walk through with me and 102

meet the band. Some of the promoters and club owners really like meeting the 103

bands, having their pictures taken, exchanging gifts … that sort of thing. Barrie 104

seemed a bit distracted and said that “everything looked fine.” I guess I can’t say 105

63

for sure that s/he saw the fireworks, but they were all in plain sight, and everything 106

seemed cool. Barrie apologized for the rundown condition of the club and said 107

something about fixing it up soon. It did look a little “rode hard and put up wet” 108

compared to other venues (peeling paint, dingy walls, stained floors, etc.), but then 109

this place was historic! Regardless of the actual condition of the place, it was the 110

Love Shack. 111

The show that night went really well. The first act – Rock Lobstah – was 112

great! They really got the crowd worked up into a lather. Their lead singer, Quiche 113

Lorraine, has an awesome voice and incredible range! 114

When we took the stage, everything was jumping! Literally! There were 5 or 115

6 kids who climbed up on the stage and jumped into the maelstrom in front of the 116

stage. For the most part the crowd surfing went pretty well. There was this one guy 117

though - I remember him distinctly because he was wearing a neon green Mouse 118

Rat concert t-shirt – who kept climbing and jumping over and over. The mosh pit 119

was cool with it the first few times, but it got to the point where they were just 120

letting him fall to the floor. It had to have been pretty painful. The goofball also 121

tried to climb the curtains to the right of the stage – I guess to get more altitude for 122

his jump or to do a Tarzan swing into the crowd – but one of the bouncers grabbed 123

him halfway up the curtain and flung him back into the crowd. Come to think of it 124

now, that could have screwed up the curtain moorings, how it was hanging, and 125

ultimately how close the flash pots and other effects were to the curtains. I guess 126

it’s ironic that that’s the kid who died in the fire. 127

We try to keep track of how many people come to our shows. We usually 128

talk to the club owners or management to get a count. Since Barrie was not there, I 129

had planned to check with him/her the next day while we were heading to the next 130

gig. I knew that the bouncers at the door were keeping a count with those clicky 131

things, but we obviously never got an official report. Van Go, Van Dyck and I like 132

64

to roam outside the venue before shows to get in the right groove. It’s amazing 133

how rarely you’re spotted by the concert goers! Anyway, we were just roaming 134

around the world outside before the show that night. The parking lot was 135

absolutely jammed. People were parking all over the place. The line to get in 136

stretched for blocks. I know I’m not an expert or anything, but I’d say that there 137

had to have been at least 400 to 500 people in line. I think they were all there for 138

the new CD release and for our “special guest.” We had not announced it, but word 139

got out that the world-renowned jazz sax player, Jerry Schnurr, would be jamming 140

with us that night. That name might not ring a bell, but he goes by “Duke Silver” – 141

and I mean Everyone knows that cat! He has a huge following in the greater Des 142

Moines area. 143

The pyrotechnics went off during the show as usual. There were no 144

problems until the very end. During the encore, the big effects are ignited. They 145

went off, the crowd went wild and I did not notice anything unusual at first. Then 146

there was the smell of a different kind of smoke – like something was on fire, not 147

the lingering smell of fireworks. I saw the right curtain smoking pretty heavily. I 148

didn’t actually see flames, but it was pretty obvious to me that the thing had caught 149

fire. It looked like the curtain had shut part way. The tech guy had been over there 150

during part of the show setting off the flash pots and checking on some of the other 151

effects. He told me later that he never messed with the curtains in any way. 152

The stage filled with real smoke pretty fast. After I heard about that Great 153

White incident a number of years ago, I was not going to play around with fire. 154

Even though I had my favorite guitar with me, I just dropped everything and ran 155

for the exit. The other members of the band were ahead of me. I remember Jimi 156

(Van Dyck) just grabbed me and shouted, “leave it” and “we need to get out of 157

here now.” I looked back at the crowd on the floor. There was a crowded mass 158

pushing, pulling and climbing towards the main entrance. People were falling 159

65

down – and I’m sure getting stomped. The closer they got to the main door, the 160

more congested everything was. Those tables that had been set up to control entry 161

were now getting in the way of people getting out. It was a real mob scene: people 162

yelling, screaming, screeching – everyone was just freaking out. The smoke was 163

getting thicker. I could barely make out the red glow of the exit sign behind the 164

stage. A few of the concert goers had figured out that there was an exit back there 165

also and were streaming past us. The house lights never came on. The sprinkler 166

system must have been working at least a little bit since by the time I got outside, 167

my clothes were damp. 168

As we headed back to the stage door, I remember taking one last look at the 169

stage. I couldn’t believe it. That same kid in the neon green t-shirt was rifling 170

through our stuff! He had picked up Torey C’s bass but dropped it when he saw 171

my axe laying there. He grabbed it and took a flying leap off the stage. That was 172

the last I saw of him. Jimi pushed me along the back wall to the stage door and 173

outside. 174

We heard the sirens for the fire engines and ambulances. I didn’t know what 175

happened until later when the other band members and I were trying to figure out if 176

we could go back in and try to salvage any of our equipment. We lost thousands of 177

dollars worth of equipment and staging. I lost that guitar – my favorite, the one that 178

I bought with my first check as a professional musician. What an absolute tragedy. 179

That guitar was like my baby. 180

The whole fire thing delayed our tour and recording schedule. We had a 181

bunch of cancellations and bad press. We may have missed our shot at the really 182

big time. We still tour and still record, but the bookings have gone way down. The 183

next thing you know we’ll be playing ballparks. 184

I feel real bad about what happened to that kid. In fact, I’ve written a song 185

about him and dedicated it to all of our fans – The Ballad of Jumpin’ Jack.186

66

EXHIBITS

67

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.)

68

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

69

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

70

Exhibit 3

71

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 -

Kitchen

P

Emergency Breakers –

Kitchen

P

Restrooms P Adequate

Alarm System P Battery back-up needs replacement on

regular basis

Evacuation Plan Posted P

Commercial Grade Portable

Fire Extinguishers

P 3 in Kitchen area, 1 behind Bar

Maintenance Check on Fire

Extinguishers

LP Safety tag not updated regularly

Separate/Secure Storage for

Flammable Materials

HP Excellent, secure facility for flammables

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

72

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

73

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)

74

Exhibit 7

75

76

77

78

79

Exhibit 9