NEW ORLEANS — A state grand jury voted against indicting anyone for causing the catastrophic Hard Rock Hotel collapse four years ago, essentially ending a two-year criminal investigation by Orleans Parish District Attorney Jason Williams with nothing to show for it.
Thursday’s grand jury meeting was held in secret, but Angela Magrette, whose brother Anthony was killed in the catastrophe, told WWL-TV she was informed of the decision not to press criminal charges. The grand jury meeting was the last one before a deadline to file criminal charges. Next Thursday, Oct. 12, is the fourth anniversary of the catastrophe and state law gives prosecutors four years to file gross negligence charges.
She said she felt like she’d been “punched in the gut” by the news.
“I trusted and believed in Jason Williams and the New Orleans justice system,” she said. “I believed and I hoped and I prayed. I should have known, though. I was told by many people nothing was going to happen. But I didn't want to believe that.”
Frank Wimberly Jr., whose brother Quinnyon died in the catastrophe, said Williams and his team of prosecutors warned the families the grand jury could vote to not indict anyone.
“I can't continue to move on in anger and things of that nature because it will affect us,” he said. “It's not going to get us anywhere. But yes, I am disappointed, and I need the world to know that.”
Williams chose to have a grand jury hear testimony on the matter and vote whether to bring charges, rather than simply filing them. The grand jury returned “not a true bill,” meaning at least nine grand jurors heard unrefuted testimony and didn’t think there was enough evidence to hold someone criminally liable for the collapse.
“We didn't put our thumb on the scale,” Williams said. “This is about what we can prove in court, which is why we went through the grand jury process and why we showed them everything that we would be able to show in court.”
The top three floors of the Hard Rock pancaked together along the Rampart Street side of the structure, crushing workers Anthony Magrette, Quinnyon Wimberly and Jose Ponce Arreola to death.
The top eight floors of the building were steel framed and caved in, injuring more than a dozen others, damaging surrounding properties and shutting down a major downtown intersection for more than a year.
In May 2020, the federal Occupational Safety and Health Administration concluded its investigation of the disaster and fined Heaslip’s Metairie-based firm, Heaslip Engineering, $154,000 for “willful” and “serious” safety violations for “inadequately designed … steel connections” and “design flaws” on the 16th, 17th and 18th floors, the top three stories of the high-rise.
OSHA also cited the steel contractor, Hub Steel, for “failing to maintain the structural stability of the building” and several other contractors for minor violations.
The Orleans DA's office said OSHA seemed to prioritize the civil proceedings over the criminal ones.
"They effectively obstructed our work by withholding a report containing information critical to our review. OSHA seemingly has prioritized the civil negotiations in this matter over the criminal investigation. OSHA’s refusal to turn over all evidence and reports in their control was extremely harmful to our presentation."
Heaslip has repeatedly denied any wrongdoing and has been contesting the OSHA violations for the last three and a half years.
In September 2021, Williams subpoenaed OSHA’s investigative file on the Hard Rock case, but the agency has refused to turn it over while Heaslip fights the civil fines against his firm.
Williams said that was a major factor that prevented an indictment.
“I think it could have helped answer some of the questions that the grand jury had,” Williams said. “And it is deeply problematic for me and frustrating for me.”
In October 2021, WWL-TV reviewed a copy of a secret OSHA engineer’s report that blamed Heaslip for what it called “grossly underdesigned” steel beams used to support the top three floors of the building. It said 81 of those beams were too small to support the load on the floors above, where heavy concrete had been poured and temporary supports were seen bending under the pressure just days before the disaster. The OSHA report said the collapse was “waiting to happen.”
Williams said our reporting has exposed more than the federal government was willing to share with his prosecutors.
“There have been moments in the course of the past three years where you provided more information than a taxpayer-funded agency, OSHA, provided for these families,” he said. “And I appreciate you keeping this fire on because I truly believe that there should have been criminal culpability.”
Last week, a final settlement conference between Heaslip and OSHA was held at the U.S. Customs House in New Orleans. Heaslip declined to comment to WWL-TV as he entered the building to start those negotiations last week, and his attorney did not respond last Friday when asked about the result of those talks.
Neither did OSHA. The agency’s website on Thursday afternoon still showed the violations against Heaslip as “contested,” with no final order issued.