UPDATE II: This gets more interesting by the minute;
In one of the provisions, Hultgren agrees to “. . . make restitution to the victims for Defendant’s conduct set forth in the Information, this Plea Agreement (click here) (including the Factual Basis Statement) (clickhere), and the presentence investigation report. . .”
How much this is is not included in the above documents. The court also sealed another document, Sealed Plea Agreement Supplement, which may or may not include such information.
UPDATE: As I expected, a deal was cut;
Hultgren Construction has reached a plea agreement with the federal government to plead guilty to a misdemeanor for its role in the December 2, 2016 Copper Lounge building collapse in Sioux Falls.
I find it interesting that individuals are NOT being charged. Makes you wonder if a deal is being cut;
The U.S. Attorney’s Office in South Dakota formally charged Hultgren Construction for its role in the Dec. 2, 2016 tragedy that took the life of Ethan McMahon, an employee of the company and U.S. Marine Corps veteran who had served in Afghanistan. McMahon died in the collapse, which occurred while Hultgren Construction was removing a 38-inch thick load-bearing wall. The wall separated the old Copper Lounge and the former Skelly’s Pub, two former bars that were being merged into one building.
The company faces the charge of willful violation of the Occupational, Safety and Health Act, a misdemeanor charge. The owners of the company, Aaron Hultgren, Larry Canfield, Norm Drake and Paul Cink, will face no criminal charges.
The charge carries a maximum penalty of five years probation and a $500,000 fine.
If found guilty though, it could lead to some pretty big civil cases.
Again, I ask, why did some city officials think it was a good idea to invest with these clowns? Baffling.
This happened in 2016! Why did it take this long to bring legal action?
Notice how you do not know who signed as the legal representative of Hultgren Construction?
47-34A-805. Articles of termination. (a) At any time after dissolution and winding up, a limited liability company may terminate its existence by filing with the secretary of state articles of termination stating:
(1) The name of the company;
(2) The date of the dissolution; and
(3) That the company’s business has been wound up and the legal existence of the company has been terminated.
(b) The existence of a limited liability company is terminated upon the filing of the articles of termination, or upon a later effective date, if specified in the articles of termination.
(c) Delivery may be made by electronic transmission if and to the extent permitted by the Office of the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Office of the Secretary of State may require one exact or conformed copy to be delivered with the document.
Source: SL 1998, ch 272, § 805; SL 2012, ch 222, § 12.
So a company that doesn’t exist anymore was charged with a crime with no actual people being held liable. Reminds of when the Supreme Court said companies have 1st Amendment rights. My other question is, ‘How does a company that does not exist anymore pay a fine?’ This whole deal just gets sadder by the day with the taxpayers holding the bag (of polished turds). Thanks!
i wonder if heuther talks about this in his book.
So I was told a few weeks ago that Aaron Hultgren is Norm Drake’s nephew. Is this common knowledge?
We researched it. As I understand it Aaron was best friends with Norm’s son who died, but not relation. So Norm was Aaron’s mentor after that happened.
So who told the brothers to take down the brick wall in the basement? Does that guy still have a job in a construction company somewhere?
I heard it was the same guy who investigated the collapse locally – The Tuthill Ghost.