No criminal charges to be brought in Berkeley collapse case

District Attorney Nancy E. O’Malley will not bring criminal charges in connection with the Berkeley balcony collapse.

The District Attorney for Alameda County in California said there is “insufficient evidence” to bring manslaughter charges against any individual or company following a nine-month investigation into the tragedy that killed six people, including five Irish students, and seriously injured seven others.

Analysis shows 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.

The types of material that were used (none of which are prohibited by building code) and the very wet weather Berkeley experienced during construction are believed to have contributed to this.

The District Attorney’s office said responsibility for this failure likely extends to many of the parties involved in the construction or maintenance of the building.

However, it also said there was insufficient evidence to file a manslaughter case, which would require the District Attorney to be satisfied that any defendant or defendants acted with gross or reckless conduct akin to a disregard for human life, and that the deadly consequences of those actions were reasonably foreseeable.

Ms O’Malley said: “This is not a decision that I came to lightly. 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.”