LIVE UPDATES: Lawyers for estate of Branden Colvin Sr. sue partially collapsed building owner, Andrew Wold

Published: Jun. 1, 2023 at 11:58 AM CDT|Updated: Jun. 22, 2023 at 10:38 PM CDT
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DAVENPORT, Iowa (KWQC) - KWQC-TV6 continues to follow the partial collapse of “The Davenport” apartment building in downtown Davenport.

TV6 will provide updates on-air and online as the story unfolds.

2 p.m. June 21- Family of Branden Colvin Sr. sues building owner, Andrew Wold

A lawsuit filed Tuesday, June 21, by the family of a man killed in an apartment collapse claims he was alive for possibly days.

Lawyers for the estate of Branden Colvin are suing owner Andrew Wold, Davenport Hotel LLC, Andrew Wold Investments LLC, Select Structural Engineering, Bi-State Masonry and the City of Davenport -- accusing them of not preventing the tragedy despite information they had of the dangers.

10 a.m. June 21- Rubble being removed from “The Davenport

The Davenport has officially been demolished and the rubble is currently being removed and relocated to the Scott County Landfill.

Over 22 million pounds of rubble is expected from the then-partially collapsed building. Scott County Landfill is expecting four loads per hour and is expecting a total of about 700 trucks to be unloaded.

9 a.m. June 21 - Small Business Administration Outreach Center relocates to better serve residents, businesses affected by collapse

In an update from the SBA, officials stated that the center has relocated to TMBC at The Lincoln Center, 318 E. Seventh Street, open Monday through Friday from 9 a.m. to 6 p.m. to answer questions about SBA’s disaster loan program, explain the application process and help each individual complete their application. No appointment is necessary, officials added.

8 a.m. June 21 - Iowa Gov. Reynolds request Biden’s help with disaster second time

Gov. Kim Reynolds asked President Joe Biden a second time Tuesday for an emergency declaration for Scott County, following the collapse of the Davenport apartment building at 324 Main St., Davenport.

Gov. Reynolds made an initial request on June 6 for federal assistance for Scott County for debris removal and demolition, along with reimbursement for response activities. There has been no response to that request.

10 p.m. June 14- Davenport City Council approves financial relief for building collapse victims

The Davenport City Council approved financial relief for residents and businesses impacted by the partial collapse of a downtown apartment building, on Wednesday night.

3 p.m. June 14 - Dismantling of building progresses quickly, other nearby businesses are now allowed to return to their storefronts

9 a.m. June 14 - Judge denies Peach Berry’s motion to halt demolition

A judge has denied an emergency motion to halt the building’s demolition in Davenport.

Attorney’s for Peach Berry who lost a leg after being trapped in the debris after the collapse, asked to stop with the motion called ‘Destruction Of Evidence’, as to the cause of the collapse.

The judge chose to deny that motion.

8 a.m. June 14 - 2 companies brought in for cause and origin report

According to the City of Davenport Chief Strategy Officer, Sarah Ott, the City of Davenport has engaged the Chicago-based White Birch Group, LLC and SOCOTEC Engineering to conduct a cause and origin report on the partial collapse of the building at 324 Main Street.

Both firms are highly regarded and have considerable experience in this type of investigation, Ott said. The time the assessment will take is unknown, but the completed report will first be shared with relevant agencies and oversight authorities.

It will also be shared with the public, “when deemed appropriate,” according to Ott.

3:30 p.m., June 12- Fourth lawsuit filed in partial building collapse

The lawsuit was filed by the business owners of 4th Street Nutrition and four other tenants of the apartment building at 324 Main Street, The Davenport.

Noon, June 12- City of Davenport holds State of the City address

Davenport Mayor, Mike Matson gave the State of the City address, Monday, June 12 at Rhythm City Casino in Davenport hosted by the Rotary Club.

TV6 Hernan Gutierrez was at the State of the City address.

During the address, Mayor Matson started off by acknowledging the collapse and asking for a moment of silence for all of those affected by the collapse.

It has been two weeks since the building partially collapsed, killing three people.

2023 State of the City - Mike Matson 06.12.2023
2023 State of the City - Mike Matson 06.12.2023(City of Davenport)

Monday, 9:30 a.m., June 12- Andrew Wold, 324 Main Street, building owner pleads guilty to not maintaining safe conditions at “The Davenport”

Andrew Wold, through his attorney, pleaded guilty to a civil infraction for not maintaining safe conditions at The Davenport, the building that partially collapsed Memorial Day weekend.

Monday, 9 a.m., June 12- Dismantling of 324 Main Street begins

Dismantling of “The Davenport” began Monday, June 12. Crews can be seen working on site.

Crews began dismantling 324 Main Street today,
Crews began dismantling 324 Main Street today,(kwqc)

Sunday, 7 p.m., June 11- Update on dismantling process and plans of 324 Main Street, partially collapsed building

Davenport city officials have announced that the dismantling process of the partially collapsed apartment building “The Davenport” will begin on Monday, June 12th.

Thursday, 4:40 p.m., June 8- Local businesses to receive aid following immediate closure

The Downtown Davenport Partnership (DDP) announced it will allocate up to $100,000 to help businesses that were forced to close due to the building collapse at 324 Main St.

In order to qualify for these funds, a business must meet the following criteria:

  • Received official notice to vacate by the City of Davenport
  • Reopen their business within the downtown Davenport Self Supporting Municipal Improvement District

Thursday, 2:47 p.m., June 8- Nearby apartment building, “The Executive Square Building” adjacent to “The Davenport” that partially collapsed, evacuated today

The City of Davenport is continuing to assess damages at 324 Main Street, “The Davenport” and surrounding buildings, and as of Thursday, city officials said an adjacent building to “The Davenport”, “The Executive Square Building” at 400 and 410 North Main Street has been evacuated.

On Thursday, June 8, city staff in coordination with structural engineers, assessed the conditions of structures adjacent to 324 Main Street, Sara Ott Chief Strategy Officer for the City of Davenport said. This work is being done in advance of increased dismantling activity at the partially collapsed building.

Read the full statement, here.

Downtown Davenport apartment building, ‘The Executive Square Building’ evacuated due to...
Downtown Davenport apartment building, ‘The Executive Square Building’ evacuated due to structural concern, city officials say(kwqc)

Thursday, 9:43 a.m., June 8- MidAmerican Energy gives statement on response efforts night of collapse

As TV6 continues coverage on the partially collapsed apartment building, “The Davenport”, MidAmerican has released information regarding crews on-scene, responding the night of the collapse.

A spokesperson for MidAmerican says that both gas and electric crews have performed work at and near the location for a few different reasons, starting with their immediate response to the partial collapse, and since then, some additional work.

Read the full statement from MidAmerican, here.

Mid American truck on scene at downtown Davenport building collapse.
Mid American truck on scene at downtown Davenport building collapse.

Wednesday, 6:46 p.m., June 7 - Freight House Farmers Market, downtown Davenport evacuated due to buckle in exterior wall

Since the partial collapse of 324 Main Street, the City of Davenport has been taking an abundance of caution.

Wednesday night, a portion of the Freight House Farmers Market in downtown Davenport was evacuated due to a buckle in an exterior wall.

The building has since been deemed safe to re-enter. Read more here.

Freight House Evacuated, Wednesday night.
Freight House Evacuated, Wednesday night.(kwqc)
Freight House Evacuated, Wednesday night.
Freight House Evacuated, Wednesday night.(kwqc)
Freight House Evacuated, Wednesday night.
Freight House Evacuated, Wednesday night.(kwqc)

Wednesday, 5:30 p.m., June 7 - First city council meeting, committee of the whole, is held since before the collapse

The Davenport City Council held its Committee of the Whole Meeting Wednesday night as demonstrators with signs waited beforehand in the streets outside city hall to enter the council chambers and voice their frustrations over how they say the partial building collapse at 324 Main Street, “The Davenport” has been handled by the city.

Protestors outside Davenport City Hall before city council meeting, Wednesday night.
Protestors outside Davenport City Hall before city council meeting, Wednesday night.(kwqc)

Wednesday, 10:35 a.m., June 7 - Protocol for asbestos

TV6 asked Davenport city officials, if the DNR has determined there is no asbestos? What is the protocol to handle asbestos during this dismantling process? Is that another reason the public should avoid the area?

“Due to the age of the building, asbestos is something that is likely in the building. The City has been working with the appropriate regulatory authorities to ensure the proper removal of any asbestos materials during the dismantling of the building,” said City of Davenport Chief Strategy Officer, Sarah Ott.

Tuesday, 3:42 p.m., June 6 - Operations transition to dismantling partially collapsed building, Davenport city officials say

Operations have now transitioned to the dismantling of the partially collapsed building, Ott said. Crews have cleared the debris pile to the foundation floor and will continue removing debris from the site Tuesday.

“The safe dismantling of the partially collapsed building will be a multi-phase process. The public will notice work on-site throughout the rest of this week and it will continue to progress through next week. We ask that the public steers clear of the area when possible,” Ott said.

Tuesday, 1:38 p.m., June 6 - Iowa Task Force 1 Urban Search and Rescue demobilized, crews continue to remove debris

According to the City of Davenport Chief Strategy Officer, Sarah Ott, Iowa Task Force 1 Urban Search and Rescue demobilized their unit Monday evening, concluding the recovery phase.

Monday, 8:56 p.m., June 5 - Salvation Army releases meals served report

“With the finding of the two remaining apartment collapse victims, the EMA has shut down the operation as of 7 p.m. Monday night,” the Salvation Army’s report states. “The canteen, which has served over 200 meals per day, around the clock since last Thursday, served a full course Famous Dave’s meal at 6 p.m. Monday to recovery teams from Cedar Rapids, Sioux City, and as far away as Florida.”

The statement from the Salvation Army continued on to say “The assistance in finding housing and providing support continues as long as needed through our Family Services office.”

Monday, 5:29 p.m., June 5 - Resident sues property owner, city after fatal building collapse

A lawsuit filed on behalf of Dayna Feuerbach said red flag after red flag that a collapse or a catastrophe was coming was ignored.

Monday, 6:35 p.m., June 5 - Iowa Task Force 1 Urban Search and Rescue determine building is free of collapse victims

Later Monday evening, Iowa Task Force 1 Urban Search and Rescue (USAR) team demobilized their search, rescue and recovery efforts at 324 Main Street, the partially collapsed apartment building, otherwise known as “The Davenport”.

USAR said that they determined that the building is clear of collapse victims and that collapsed building material from the foundation of the building has been removed.

Monday, 12:27 p.m., June 5 - Iowa Gov. Kim Reynolds shares photos from visiting site

Earlier Monday, Iowa Gov. Kim Reynolds visited the site of the partially collapsed apartment building in downtown Davenport, sharing photos of the site.

Gov. Reynolds did not talk to any local media while visiting downtown Davenport.

Monday, 10 a.m., June 5 - Officials announce Ryan Hitchcock, Daniel Prien found

Davenport Police Chief Jeff Bladel announced at a media briefing that the bodies of Ryan Hitchcock, 51, and Daniel Prien were recovered on Sunday and Monday, respectively.

According to officials, Hitchcock was recovered and forensically identified on Sunday at approximately 12:25 p.m. and Prien was recovered and forensically identified on Monday at approximately 2:30 a.m.

Officials previously have said the body of Branden Colvin Sr., 42, was recovered on Saturday at approximately 11:59 a.m.

Autopsies have been scheduled for the three men, he said.

“This is an active investigation, so details will be released when we can actually provide additional information,” Bladel said.

“So far, our community has rallied around these families. Continue to honor those families, continue to respect the families and what we do and how we act accordingly, and keep them in your thoughts and prayers.”

During the briefing, Mayor Mike Matson said Gov. Kim Reynolds is in Davenport Monday to survey the damage.

“Gov. Reynolds has been in contact with Davenport city officials since the collapse of the building and will be on the ground today to get an update on the latest information,” Kollin Crompton, Reynolds’ deputy communications director, said.

Sunday, 8 p.m., June 4 - Family, friends of Branden Colvin Sr. hold a candlelight vigil

Family and friends of Branden Colvin Sr. held a candlelight vigil Sunday night at the site of the partially collapsed building.

Family and friends of Branden Colvin Sr. held a candlelight vigil Sunday night at the site of...
Family and friends of Branden Colvin Sr. held a candlelight vigil Sunday night at the site of a partially collapsed building in downtown Davenport.(KWQC)

Colvin’s body was found Saturday. Two other men, Ryan Hitchcock and Daniel Prien, are still unaccounted for.

Sunday, 9:30 a.m., June 4 - Officials confirm Branden Colvin Sr. was found

Sarah Ott, the city’s chief strategy officer, confirmed that the body of Branden Colvin Sr. was recovered Saturday. No other information was released.

Ott also said overnight crews continued operations at the building with a focus on the material pile and removing material from the scene.

“This work will continue throughout the day today with crews working 12-hour shifts around the clock,” she said in an email.

Saturday, 11:45 p.m., June 3- Family confirms one person was found deceased

The family of Branden Colvin Sr. confirms he was found deceased Saturday at the building that partially collapsed in downtown Davenport.

The Family told TV6 crews they were notified by the Police and Fire chiefs Saturday afternoon.

Colvin’s family says they will issue a statement but want to thank everyone for their support.

Saturday, 6:12 p.m., June 3 - City of Davenport says they requested help from the Northwest Illinois Incident Management Team

According to the Davenport City officials, the Northwest Illinois Incident Management Team was requested by the city to help with the recovery process of the partial building collapse.

The team can respond to a wide range of emergencies, including fires, floods, earthquakes, hurricanes, tornadoes, tsunami, riots, spilling of hazardous materials, and other natural or human-caused incidents. The Northwest Illinois Incident Management Team is comprised of members from the public and private sectors including law enforcement, fire service, emergency management and health care, city officials said. The IMT team has put out a video update regarding their work on scene: https://youtu.be/a_ay60MXLtc.

Saturday, 1:45 p.m., June 3 - other agencies respond to scene

Ogle County Sheriff’s incident report truck, Rochelle and Oregon, Illinois Fire Departments, and MidAmerican are on the scene.

Saturday, 12:05 p.m., June 3 - Updates from the City of Davenport

In order for recovery efforts to continue, the fence around the collapse site is subject to move based upon the equipment and movement of the equipment on the site.

If you do not have to drive downtown, the City of Davenport recommends you avoid it as traffic could be rerouted at any given moment.

There is now an FAA temporary flight restriction with a mile radius of 324 Main Street, so drone pilots are not allowed at this time.

The city confirms crews began removing pieces of the building to control additional falling hazards. (See 6 a.m. June 3 update below).

First responders are continuing their recovery efforts. Last night, crews on site at 324 Main Street began removing pieces of the building to control falling hazards. This is to support the recovery efforts of first responders on scene.

Saturday, 9:10 a.m., June 3 - TV6 continues to hear from former tenants

TV6 has heard from many people who lived in The Davenport apartments during the collapse or prior to the partial collapse, who continue to tell us about the poor condition the building was in.

TV6′s Evan Denton caught up with two former residents who recount their experience. Click here for the story.

Saturday, 8:20 a.m., June 3 - 911 call released from 1 day before partial building collapse

The 911 audio released Friday was from a worker who was in the building about 24 hours before the partial collapse, warning about the condition of the back of The Davenport.

“...He was cleaning up in the back parking lot and said that the wall is vaulting out.”

The man went on to say, “Someone is there working on it and told them to get out of the way because it’s not looking good.”

The search continues for the three missing men who are believed to have been in the building at the time of the collapse.

Saturday, 6 a.m., June 3 - Recover crews deconstruct part of the partially collapsed building.

Overnight Friday into Saturday morning recovery crews began removing pieces of “The Davenport” that collapsed, sending debris down to the ground, creating a plume of dust. This is in order to prevent additional falling hazards as crews continue their recovery efforts.

Below are photos taken by a TV6 camera that was on site on the time.

Recover crews working on deconstruction of the partially collapsed building
Recover crews working on deconstruction of the partially collapsed building(KWQC)
Recovery crews working on deconstruction of the partially collapsed building
Recovery crews working on deconstruction of the partially collapsed building(KWQC)

Firefighters with the Davenport Fire Department told bystanders that as crews took down some of the loose debris on the building, the debris may fall on them.

City officials are urging the public to stay away from the area as crews continue their recovery efforts.

Friday, 10 a.m., June 2 - Search crews on-site Friday at The Davenport

Iowa Task Force One crews are on-site Friday at the partially collapsed Davenport building searching through the rubble.

Davenport city officials held a briefing at 10 a.m. Friday to give updates for the partially collapsed building downtown.

Since Tuesday the Davenport fire crews have worked to secure specialized teams that can come and help with the recovery efforts, according to Mike Carlsten, Chief of the Davenport Fire Department.

A qualified team of specialized experts are in Davenport from Iowa Task Force One, Carlsten said.

Both Sioux City and Cedar Rapids divisions were mobilized Thursday as soon as possible to show up on-site, according to Rick Halleran, chief of the Cedar Rapids Division of Task Force One. Just under 50 people in total are in Davenport from the teams, with dogs on site giving alerts to their handlers to decipher what that alert means to their training and expertise.

Friday, 5:30 a.m., June 2 - Crews put tarp over fencing around partially collapsed building

Around 4:30 a.m. Friday, a TV6 crew on the scene of the partially collapsed “The Davenport” reported that crews were putting up a tarp around the fencing that is blocking off the scene.

TV6′s Jenna Jackson reported recovery crews were starting to go through the rubble. The tarp was put up to respect the families whose loved ones are presumed to be in the rubble.

Branden Colvin Sr., Ryan Hitchcock and Daniel Prien. have not been found. There’s a wooden structural beam to support the building.

Tarp put up on fencing around The Davenport partially collapsed building
Tarp put up on fencing around The Davenport partially collapsed building(KWQC)

Thursday, 7:28 p.m., June 1 - Task Force 1 USAR team arrives in Davenport, demolition company arrives too

At approximately 7:28 p.m., Davenport officials released a statement stating that on Wednesday, a formal request to the state-level Emergency Operations Center through Homeland Security was made for additional support and to engage state assets to assist with recovery operations at 324 Main St..

“On June 1, 2023, Task Force 1 USAR team arrived in Davenport and a joint meeting was held between the Davenport Fire Department, Task Force 1, City Administration and Development and Neighborhood Services Department,” city officials said. “After the joint meeting, the USAR team arrived on site with live and cadaver canines have entered the building per FEMA protocols. Task Force 1 personnel have re-entered the building to re-verify and mark all rooms with standard FEMA markings. "

In addition, officials said they enlisted D.W. Zinser Commercial Demolition company to assist with recovery and demolition work, city officials said. Shoring materials, equipment and heavy rescue and removal equipment will arrive on site later this evening. Zinser is assisting Task Force 1 with recovery efforts.

City officials say that the next news conference will be at 10 a.m. Friday.

Iowa Task Force, Davenport Apartment, Thursday, June1, 4:30 p.m.
Iowa Task Force, Davenport Apartment, Thursday, June1, 4:30 p.m.(kwqc)

Thursday, 2 p.m., June 1 - Second news conference of the day is held, Red Cross officials speak.

The Red Cross is working with local agencies and Davenport officials to help residents and businesses affected by the downtown building collapse.

Thursday, 10 a.m., June 1- Davenport officials hold news conference

Davenport officials hold a news conference in the community room of the Davenport Police Department to give the latest on the collapse.

During the news conference, Police Chief Jeff Bladel confirms that three people - Branden Colvin Sr., Ryan Hitchcock and Daniel Prien - are unaccounted for.

The chief said two others listed as unaccounted for have since been located in Texas and Davenport.

Davenport Police Chief Jeff Bladel speaks during a media briefing Thursday morning. Officials...
Davenport Police Chief Jeff Bladel speaks during a media briefing Thursday morning. Officials provided an update on a downtown building that partially collapsed Sunday.(KWQC)

City officials give update on citation issued against building owner.

According to statement from Davenport officials:

“On May 30, 2023, the City of Davenport issued a municipal infraction to the owner of 324 Main St., initiating a legal action. This legal action was taken to ensure the owner of the property cannot transfer the property to another owner in an effort to avoid a large lien that is expected when the response has been completed.”

Three believed to be in building at time of collapse, officials say.

In a statement from Davenport officials:

“Over the past 72 hours, in coordination with the Red Cross, building owner, building property managers, families and friends, DPD staff began an investigation with the goal of identifying and locating the tenants in the building. As of June 1, 2023, at 10 a.m., based on consolidated information, there are three unaccounted for individuals including: Brandon Colvin, Ryan Hitchcock and Daniel Prien.”

Officials continued on to say “It is believed these three individuals have high probability of being home at the time of the collapse and their apartments were located in the collapse zone.”

“Following Davenport Police Department protocol, Brandon, Ryan and Daniel will be placed in the National Database of Missing Persons. Missing Persons flyers are also being created and will be disseminated to the media shortly.”

324 Main St. has a history of transient population within this building, city officials said.

“City staff is aggressively collaborating with partners who serve this population to ensure all are accounted for.”

Clerical error addressed

After the news conference, officials released a statement saying “Over the past 36 hours, there have been many questions from both the media and community members regarding the status of a permit that was issued to 324 Main St. on May 25, 2023. City staff understands the confusion and concern of the public on this issue. Yesterday it was investigated on what happened and we would like to be fully transparent in what happened, as we know this is a sensitive subject.”

The statement went on to say “On May 25, 2023, a permit was created by a staff member in the City of Davenport permitting software system. While creating the permit record, a check box for passing the permit was inadvertently clicked due to clerical error. Later that day (May 25), city staff was on site conducting an inspection of the work progress being done. This work was not completed at the time of inspection.”

City officials continued to say “After the inspection on May 25, the staff member responsible for completing the documentation of the on-site inspection left town. When the staff member returned to the office on May 30, they entered their notes from the onsite inspection from May 25 into the system. At that time, the error of the permit being notes as ‘passed’ was changed to ‘incomplete’, which is what triggered the external facing system to present as ‘failed.’”

The city says they recognize the gravity of the error that was made and the resignation of the staff that was involved was given, yesterday.

The statement continued to say “The second part of this was the failed status of the permit. The permit was noted as ‘failed’ due to an IT glitch that caused the permit to be shown on the public facing system as failed after inspection, but rather was marked as incomplete. The IT Department is working to correct this issue.”

City officials say “The status of ‘incomplete’ is accurate. The work for this permit was not completed prior to the collapse of the building and this no assessment of pass or fail could be attributed to this permit.”

“Again the city would like to acknowledge the sensitivity of this issue and ensure our community we are handling this with the up most attention,” the statement from city officials concluded.

Thursday, 5:30 a.m., June 1