Berkeley Balcony Collapse: No Criminal Charges Will Be Filed Against Pleasanton Builder

BERKELEY, CA - Alameda County District Attorney Nancy O’Malley announced Tuesday that there is insufficint evidence to file criminal charges in the Berkeley balcony collapse case, in which six people lost their lives. Another seven suffered serious injuries.

The apartment building where the collapse happened was built by Segue Construction of Pleasanton.

The case has been under investigation since the collapse nine months ago.

The DA's Office informed the families first before announcing the decision to the public in a press release.

“Not a day has passed since the tragedy of June 16 that I have not thought of the victims and their families,” says DA O’Malley. “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.”

The DA's Office delved into the cause of the collapse and whether it was foreseeable. The probe included prosecutors and investigators, aided by multiple state agencies including the California Contractors State License Board, the California Board of Professional Engineers, Land Surveyors, and Geologists, and the California Board of Architects.

According to the DA's release--

A central component of the investigation involved the “destructive testing” of the balconies and the building itself. The Office retained an outside construction company to carefully transport the balconies to a warehouse specially set up so the testing and analysis could be conducted. To ensure transparency and avoid prejudice, this testing was observed by representatives of the victims and their families, as well as representatives of the many different companies involved in the construction, maintenance, and ownership of this apartment complex.

After studying the balcony remnants and reviewing forensic lab reports, experts working with this Office believe that the primary reason the balcony collapsed was because water had been trapped (or “encapsulated”) in the balcony deck during construction, leading to eventual and extensive dry rot damage. There appear to be many contributory causes of this encapsulation, including the types of material that were used (none of which are prohibited by building code) and the very wet weather Berkeley experienced during the months of construction. The responsibility for this failure likely extends to many of the parties involved in the construction or maintenance of the building.



After completing the investigation, the DA's Office determined that it couldn't build a case for criminal negligence.

“This is not a decision that I came to lightly,” explains DA 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.”

Berkeley Mayor Tom Bates says he's not surprised by the DA's decision, but hopes that other action is taken against Segue Construction, “I share the District Attorney’s support of the California Contractors State License Board’s examination of possible administrative action against the construction companies that were involved, and I continue to hope that we will soon have amendments to the California building code and inspection standards that can prevent such horrible accidents statewide."

The balcony collapse occurred at the Library Gardens apartment on June 16, 2015, when the students from Ireland gathered to celebrate the 21st birthday of one of the revelers. Killed in the tragedy were Olivia Burke, Eoghan Culligan, Lorcán Miller, Niccolai (Nick) Schuster and Eimear Walsh, all 21 years old and from Ireland, and Burke’s cousin Ashley Donohoe, 22, of Rohnert Park.

Some of the survivors endured months of hospitalization.

Full coverage of balcony collapse:

• Friends Say Irish Student Who Survived Berkeley Balcony Collapse Out of Coma, Communicating
• Judge Denies Berkeley Balcony Builder’s Request for Temporary Restraining Order
• DA Says Manslaughter Charges May Result From Berkeley Balcony Probe
• DA O’Malley Will Conduct Criminal Probe of Berkeley Balcony Collapse
• Funerals Held in Ireland as Donations Mount for Families
• City Officials Release Likely Cause of Berkeley Balcony Collapse
• Pleasanton Company Built Balcony That Collapsed in Berkeley
• Memorial Honors Victims of Berkeley Balcony Collapse
• NYT Article on Balcony Collapse Sparks Outrage in Ireland
• Companies That Own, Manage Site of Berkeley Balcony Collapse Offer Condolences
• Balcony Collapse: One American Among the Dead
• Ireland Shocked By ‘Appalling Tragedy’ in Berkeley

--Image by Jeff Shuttleworth, BCN