A mountain guide has been found guilty of manslaughter for his role in the deaths of two 18-year-old students, Archie Harvey, a British boarding school pupil, and American student Emily Franciose, who were killed in an avalanche in the Swiss Alps in March 2023. The guide, whose name is not being released due to Swiss privacy laws, was convicted of negligent homicide, the Swiss equivalent of manslaughter, by the Oberland Court.
A tour leader tried alongside the guide was acquitted. Prosecutors argued that the guide breached his responsibility by taking the group down a route where the teenagers died, despite warnings about soft and old snow. The avalanche risk on the day was rated two out of five.
Archie and Emily were killed after snowboarding down a slope for a second time. They were swept over a rock face, falling several hundred meters. Prosecutors stated that the route chosen for the second descent was exceptionally dangerous, with parts of the slope exceeding 40 degrees, which violated the school's safety protocols. Both the guide and tour leader claimed they had followed guidelines.
Judge Jan Grunder stated that the mountain guide had exceeded the limits of permissible risk during the second descent. Video evidence showed that the initial route avoided the steep section, but the guide later led the group down it.
Archie Harvey was a student at the £57,000-a-year Ecole d'Humanite international school in Hasliberg, near the Wellhorn mountain where the incident occurred. His parents, Philip Harvey and Sarah Metcalfe, who have residences in London and Switzerland, were reportedly devastated by his death. His funeral was held in Switzerland.
Emily Franciose's body was recovered days after the avalanche. Her parents were present for the verdict. The convicted guide, who is now unemployed, was fined 13,500 Swiss Francs and ordered to pay 20,000 Swiss Francs to each of the victims' parents. He received a two-year suspended sentence.
Emily's mother, Susan Franciose, said after the hearing that the family intends to continue charitable projects that Emily had started. She described her daughter as having a positive influence on many people's lives.