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After accident, live shows are canceled indefinitely

BayWalk's parent company wants to be sure of safety.

By ABHI RAGHUNATHAN
Published February 27, 2007

ADVERTISEMENT [Times photo: Dirk Shadd] Three-year-old Josh Wineberger, below, stood roughly under the "O" in "Muvico" when a speaker feel from the balcony at BayWalk onto him.

ST. PETERSBURG - The Sembler Co. is canceling all live entertainment at BayWalk while it investigates how a speaker fell on a 3-year-old boy, seriously injuring him.

Craig Sher, the president and chief executive of the Sembler Co., which owns and manages downtown's BayWalk, said live entertainment at the movie theater and outdoor shopping complex was canceled indefinitely after the Friday accident.

Musical performances have been a staple at BayWalk since it opened in 2000. Sher said it is unclear when the entertainment may resume or when the company will finish its investigation.

"We want to evaluate our methods and procedures and everything else to make sure everything is safe and secure and there's no possibility of something like this ever happening again," Sher said Monday.

Josiah Wineberger remained in critical condition after being injured Friday evening when a band's speaker stand and speaker fell 20 feet from a balcony onto his head. Josiah - who loves wrestling, Buzz Lightyear and the movie Cars - was walking through BayWalk's courtyard with his family, eating ice cream, when the stereo and stereo stand fell.

Speakers like the one that hit Josiah range in weight from 49 pounds to 78 pounds, according to the manufacturer, Electro-Voice. Josiah weighs 35 pounds.

John Wineberger, Josiah's father, said Monday that his son was still in critical but stable condition at All Children's Hospital. Josiah is on a ventilator, his father said. Also, Josiah's head is significantly swollen and it appears he has "significant head trauma."

"We're not sure about the extent of his injuries," Wineberger said. "He does move a little bit. ... He makes faces when he's in pain."

He said those concerned about Josiah could bring toys, balloons or other items to All Children's Hospital and leave it in Josiah's name.

Although new details emerged Monday about the final seconds just before the stereo fell, it was still unclear what may have caused it to topple. Police said they have finished their investigation into the matter, which they consider an accident.

Around 9 p.m., the band Hart, Jackson and Watson began packing up equipment after finishing a two-hour set, according to Sembler Co. spokeswoman Amber Overby. Band members were on the second floor, directly above the Muvico ticket counter, when the stereo and the stand it was on fell around 9:18 p.m.

A band member named John Jackson, 55, told police that he was facing away from the balcony and packing up instruments when he turned around, a police report says. Jackson saw the legs of the speaker stands falling over the slender glass balcony, which is about 4 feet high, the report says.

Jackson ran toward the balcony, but it was too late, according to the report. When he looked down, he saw a small boy lying on the ground.

Jackson declined to comment Monday.

Times staff writers Casey Cora and Brady Dennis contributed to this report. Abhi Raghunathan can be reached at 727 893-8472 or araghunathan@sptimes.com.

[Last modified February 27, 2007, 00:20:25]