The families of the six students killed in the Berkeley balcony collapse have voiced their disappointment at the news that no criminal charges will be brought.
Nine others were severely injured in the incident when, just before 1am on June 16, a fifth-floor apartment balcony filled with birthday party guests gave way, plunging to the ground below.
Irish J-1 students Olivia Burke, Eoghan Culligan, Niccolai Schuster, Lorcán Miller and Eimear Walsh, all aged 21, lost their lives in the tragedy. Burke’s cousin, San Francisco native Ashley Donohoe was also killed.
In a statement on the decision, Alameda County District Attorney Nancy O’Malley said a nine-month investigation failed to prove there had been any “gross or reckless conduct” in the construction of the building.
“This is not a decision that I came to lightly,” said O’Malley. “It is the culmination of months of consultation with my team of attorneys. It follows extensive review of reports, both legal and factual, and numerous meetings with investigators and experts.”
She added: “I am keenly aware of the devastation and injuries each victim and each family suffered and continues to confront. Friends, families and entire communities both in California and in Ireland have been affected by the horror of that day.”
In a statement, the Donohoe family expressed their dismay:
“The Donohoes continue to grieve their loss and were hopeful that the DA would pursue criminal charges against those who were responsible for this tragedy. The Donohoe family’s disappointment stems from their belief that the criminal justice system would act as a deterrent for other corporations and builders to engage in similar grossly negligent behavior. There is a deep desire for this case to act as a lesson for other builders and avoid a tragedy like this from happening again.”
Acting Minister for Foreign Affairs Charlie Flanagan said his thoughts were “first and foremost with the families of the six young people who lost their lives in Berkeley last June but said his department will “carefully consider” the District Attorney’s findings.
The families of the victims are expected to continue to pursue lawsuits.
