astroworld tragedy
Nine of the 10 wrongful death lawsuits filed after a deadly crowd surge at the 2021 Astroworld music festival have been settled, including one that was set to go to trial this week, an attorney said Wednesday.
Jury selection had been set to begin Tuesday in the wrongful death suit filed by the family of Madison Dubiski, a 23-year-old Houston resident who was one of 10 people killed during the crowd crush at the Nov. 5, 2021, concert by rap superstar Travis Scott.
But Neal Manne, an attorney for Live Nation, the festival’s promoter and one of those being sued along with Scott, said during a court hearing Wednesday that only one wrongful death lawsuit remained pending and the other nine have been settled, including the one filed by Dubiski’s family.
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Terms of the settlements were confidential and attorneys declined to comment after the court hearing because of a gag order in the case.
The one wrongful death lawsuit that remains pending was filed by the family of 9-year-old Ezra Blount, the youngest person killed during the concert. Attorneys in the litigation were set to meet next week to discuss when the lawsuit filed by Blount’s family could be set for trial.
“This case is ready for trial,” Scott West, an attorney for Blount’s family, said in court.
But Manne said he and the lawyers for other defendants being sued were not ready.
State District judge Kristen Hawkins said she planned to discuss the Blount case at next week’s hearing along with potential trials related to the injury cases filed after the deadly concert.
Hawkins said that if the Blount family’s lawsuit is not settled, she is inclined to schedule that as the next trial instead of an injury case.
More than 4,000 plaintiffs filed hundreds of lawsuits after the concert. Manne said about 2,400 injury cases remain pending.
The announcement that nearly all of the wrongful death lawsuits have been settled came after the trial in Dubiski’s case was put on hold last week. Apple Inc., which livestreamed Scott’s concert and was one of the more than 20 defendants being sued by Dubiski’s family, had appealed a court ruling that denied its request to be dismissed from the case. An appeals court granted Apple a stay in the case.
In the days after the trial stay, attorneys for Dubiski’s family settled their lawsuit with all the defendants in the case, including Apple, Scott and Live Nation, the world’s largest live entertainment company.
At least four wrongful death lawsuits had previously been settled and announced in court records. But Wednesday was the first time that lawyers in the litigation had given an update that nine of the 10 wrongful death lawsuits had been resolved.
Lawyers for Dubiski’s family as well as attorneys representing the various other plaintiffs have alleged in court filings that the deaths and hundreds of injuries at the concert were caused by negligent planning and a lack of concern over capacity and safety at the event.
Those killed, who ranged in age from 9 to 27, died from compression asphyxia, which an expert likened to being crushed by a car.
Scott, Live Nation and the others who’ve been sued have denied these claims, saying safety was their number one concern. They said what happened could not have been foreseen.
After a police investigation, a grand jury last year declined to indict Scott, along with five others connected to the festival.
Just moments before rap superstar Travis Scott took the stage at the deadly 2021 Astroworld festival, a contract worker had been so worried about what might happen after seeing people getting crushed that he texted an event organizer saying, “Someone’s going to end up dead,” according to a police report released Friday.
The texts by security contract worker Reece Wheeler were some of many examples in the nearly 1,300-page report in which festival workers highlighted problems and warned of possible deadly consequences. The report includes transcripts of concertgoers’ 911 calls and summaries of police interviews, including one with Scott conducted just days after the event.
The crowd surge at the Nov. 5, 2021, outdoor festival in Houston killed 10 attendees who ranged in age from 9 to 27. The official cause of death was compression asphyxia, which an expert likened to being crushed by a car. About 50,000 people attended the festival.
“Pull tons over the rail unconscious. There’s panic in people eyes. This could get worse quickly,” Reece Wheeler texted Shawna Boardman, one of the private security directors, at 9 p.m. Wheeler then texted, “I know they’ll try to fight through it but I would want it on the record that I didn’t advise this to continue. Someone’s going to end up dead.”
Scott’s concert began at 9:02 p.m. In their review of video from the concert’s livestream, police investigators said that at 9:13 p.m., they heard the faint sound of someone saying, “Stop the show.” The same request could also be heard at 9:16 p.m. and 9:22 p.m.
In an Aug. 19, 2022, police interview, Boardman’s attorneys told investigators that Boardman “saw things were not as bad as Reece Wheeler stated” and decided not to pass along Wheeler’s concerns to anyone else.
A grand jury declined to indict anyone who was investigated over the event, including Scott, Boardman and four other people.
During a police interview conducted two days after the concert, Scott told investigators that although he did see one person near the stage getting medical attention, overall the crowd seemed to be enjoying the show and he did not see any signs of serious problems.
“We asked if he at any point heard the crowd telling him to stop the show. He stated that if he had heard something like that he would have done something,” police said in their summary of Scott’s interview.
Hip-hop artist Drake, who performed with Scott at the concert, told police that it was difficult to see from the stage what was going on in the crowd and that he didn’t hear concertgoers’ pleas to stop the show.
Drake found out about the tragedy later that night from his manager, while learning more on social media, police said in their summary.
Marty Wallgren, who worked for a security consulting firm hired by the festival, told police that when he went backstage and tried to tell representatives for Scott and Drake that the concert needed to end because people had been hurt and might have died, he was told “Drake still has three more songs,” according to an interview summary.
Daniel Johary, a college student who got trapped in the crush of concertgoers and later used his skills working as an EMT in Israel to help an injured woman, told investigators hundreds of people had chanted for Scott to stop the music and that the chants could be heard “from everywhere.”
“He stated staff members in the area gave thumbs-up and did not care,” according to the police report.
Richard Rickeada, a retired Houston police officer who was working for a private security company at the festival, told investigators that from 8 a.m. the day of the concert, things were “pretty much in chaos,” according to a police summary of his interview. His concerns and questions about whether the concert should be held were “met with a lot of shrugged shoulders,” he said.
About 23 minutes into the concert, cameraman Gregory Hoffman radioed into the show’s production trailer to warn that “people were dying.” Hoffman was operating a large crane that held a television camera before it was overrun with concertgoers who needed medical help, police said.
The production team radioed Hoffman to ask when they could get the crane back in operation.
Salvatore Livia, who was hired to direct the live show, told police that following Hoffman’s dire warning, people in the production trailer understood that something was not right, but “they were disconnected to the reality of (what) was happening out there,” according to a police summary of Livia’s interview.
Concertgoer Christopher Gates, then 22, told police that by the second or third song in Scott’s performance, he came across about five people on the ground who he believed were already dead.
Their bodies were “lifeless, pale, and their lips were blue/purple,” according to the police report. Random people in the crowd — not medics — provided CPR.
The police report was released about a month after the grand jury in Houston declined to indict Scott on any criminal charges in connection with the deadly concert. Police Chief Troy Finner had said the report was being made public so that people could “read the entire investigation” and come to their own conclusions about the case. During a news conference after the grand jury’s decision, Finner declined to say what the overall conclusion of his agency’s investigation was or whether police should have stopped the concert sooner.
The report’s release also came the same day that Scott released his new album, “Utopia.”
More than 500 lawsuits were filed over the deaths and injuries at the concert, including many against concert promoter Live Nation and Scott. Some have since been settled.
The Houston Police Department released its final report on the 2021 crowd crush tragedy at Travis Scott‘s Astroworld festival on Friday (July 28). The more than 1,200-page document details the Houston PD’s investigation into the tragedy, which left 10 people dead and hundreds more physically injured. The report arrives just a month after a Houston […]
A task force formed in the aftermath of the Astroworld tragedy unveiled a new agreement on Tuesday (Nov. 29) designed to ensure event safety at NRG Park, the former home of the Travis Scott-helmed festival.
The interlocal agreement — put forth by the City of Houston-Harris County Special Events Task Force, formed in February — is meant to streamline safety protocols, permitting requirements and communication for large-scale events at NRG Park, the trade show, convention, sports and entertainment complex where a crowd crush during Scott’s headlining performance last November led to the deaths of 10 people and injured hundreds more. The document is an update to an existing interlocal agreement that was last amended in 2018.
Under the new agreement, any event hosting more than 6,000 people at the complex will require an on-site unified command center staffed by the Houston Fire Department (HFD), Houston Police Department (HPD), Mayor’s Office of Special Events (MOSE), Harris County Sheriff’s Office (HCSO), Harris County Fire Marshal’s Office (HCFMO), NRG Park and the event organizer. Going forward, review and approval of event capacity as well as site, security and medical plans will fall on the HFD chief or a designee. The HFD will also be tasked with clarifying requirements with event organizers to ensure they meet safety, medical and site planning requirements at the venue. Security plans will require additional sign-off by the HPD, while event plans will need sign-off from MOSE. Ideally, having a designated authority will lessen the likelihood of confusion and inaction during events. Permits for NRG Park will continue to be issued by the City of Houston.
The interlocal agreement “defines rules of responsibility and communication and makes us a better county to deal with whatever comes up,” said Houston police chief Troy Finner at a hearing Tuesday.
Mayor’s Office of Special Events director and task force co-chair Susan Christian tells Billboard that the new agreement is designed to ensure all parties are aligned when it comes to planning and executing large-scale events at NRG Park. “We’re much closer with this new [interlocal agreement] in achieving a more communicative process, as well as a process that involves peoples’ input,” she says.
In April, a report by the Texas Task Force on Concert Safety (TFCS) — created by Texas governor Gregg Abbott in the wake of the Astroworld tragedy — concluded that establishing standardized safety procedures could help prevent a similar mass casualty event from happening in the future. According to that report, the lack of communication around permitting, the failure to determine a chain of command and the absence of a capacity limit all contributed to the deadly crowd crush. It recommended the implementation of a universal permitting template that would help clarify the murky permitting process across the state. The Texas Music Office, which led the TFCS report, previously released an online Event Production Guide so as to centralize information around permitting guidelines and the penalties for not complying with them.
The new agreement is designed to help alleviate that confusion, but it’s only a first step in a long process to ensure safety for future events throughout Houston and Harris County, including the 2026 World Cup, which will be partially hosted in the city. “It is a thing of moving forward,” said Finner, “but also it is a work in progress. This is a great start.”
The City of Houston-Harris County Special Events Task Force will continue to meet quarterly to review and expand safety protocols. The agreement — which the Harris County Commissioners Court unanimously voted to approve — will now need signatures from Houston mayor Sylvester Turner, Harris County Judge Lina Hidalgo, the Mayor’s Office of Special Events, the Harris County Sheriff’s Office, the Houston Police Department and the Houston Fire Department, among others. All signatures are expected by next week, says Christian.
On Nov. 5, 2021, 10 people died from compression asphyxia due to a massive crowd surge during Scott’s headlining performance at the 2021 Astroworld festival. In the wake of the tragedy — which resulted in thousands of lawsuits being filed against Live Nation, Scott and other event organizers that were eventually consolidated into a single giant case — the City of Houston-Harris County Special Events Task Force and the TFCS were formed in order to prevent similar mass casualty events in the future.
In addition to the aforementioned task forces, in Dec. 2021 Scott’s charitable entity Cactus Jack Foundation joined forces with The United States Conference of Mayors (USCM) on an initiative designed to put new safety protocols in place in the festival industry. At the time, a draft USCM agreement stated that a comprehensive report based on discussions and research conducted by a working group comprised of individuals across multiple sectors along with outside experts would be compiled between January and June 2022. Billboard reached out to USCM and representatives for Scott but did not hear back on the task force’s progress.
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