Schlitterbahn co-owner arrested over waterslide death
A source tells FOX4 the indictment will remain sealed until Henry appears before a Wyandotte County judge. The attorney general's office says Schooley is not in custody.
But the Cameron County Sheriff's Department's website listed charges of murder, aggravated battery and aggravated endangerment of a child. He is being held in South Texas until his extradition back to Kansas.
Another co-owner, Jeffrey Henry, was arrested Monday and booked into a Texas jail on suspicion of murder, child endangerment and other charges.
They included a single count of involuntary manslaughter over the death of Caleb Schwab in 2016.
Authorities arrested the co-owner of a Kansas water park on Monday (26 March), over the case of a 10-year-old boy who was decapitated in 2016 while on a raft ride billed as the world's tallest waterslide. The charges stem from the 2016 death of Caleb Schwab who was decapitated in 2016 when his ride went airborne at the water park in Kansas City, Kansas. The Kansas indictment is sealed. The indictment document against Henry was made public on Tuesday.
At the time of Caleb's death, the slide was in compliance with Kansas' legal requirements for amusements rides, which mostly involve proper record-keeping.
In a quest to be the record holder for the world's tallest waterslide, investigators say Schlitterbahn WaterPark of Kansas City rushed to build a risky and structurally complicated ride, ignored glaring safety red flags and replaced mathematical calculations with "crude trial-and-error methods". Online jail records did not list an attorney for him.
He was being held without bond until a court appearance on Tuesday.
"Considering the allegations from Friday's indictment, we were not surprised at the actions taken by the Attorney General to charge Jeff", Winter Prosapio, a Schlitterbahn Waterpark spokesperson, said in a statement.
Last week, several criminal charges were filed against Tyler A. Miles, a former assistant park manager, and the company itself.
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"Our staff, since we opened Schlitterbahn Kansas City, has demonstrated the highest dedication to safety, from the training of our lifeguards and ride operators, to ensuring all rides have operated in accordance with our strict protocols", the company said in a statement.
Kansas Attorney General Derek Schmidt's office did not immediately respond to phone calls and emails seeking further comment about the status of the case. The Kansas City Star reported that Henry was taken into custody by US marshals out of Brownsville, Texas.
Investigators say the company knew the waterslide was unsafe and could result in injuries and deaths but still rushed to open the poorly designed ride to the public.
"Verrückt" is German for "crazy" or "insane", and the slide was built to thrill. The Schwabs will receive almost $20 million in the settlement. The two women who rode with Caleb suffered serious injuries and settled claims with Schlitterbahn for an undisclosed amount.
Veruckt's design "violated almost all aspects of the longstanding industry safety standards", the indictment says, adding "in fact, the design and operation of the Verruckt complied with few, if any, of the industry safety standards".
Schlitterbahn has also been indicted in the 10-year-old's death. Caleb's death, she said, was the result of an accident and not of a crime.
Miles' attorneys said in their own statement that they welcome the opportunity to prove his innocence in court. "Not only had Tyler ridden the slide numerous times, but, as the State is aware, he had scheduled his wife to ride it on the day of the accident", Tom and Tricia Bath, Miles' attorneys, said in a statement. "These are not the actions of someone who believed the ride to be unsafe", they said.
Schlitterbahn said in a statement Friday that it that was "deeply disappointed to learn any individual is being personally charged for the bad accident on Verruckt" and added "our review of the facts and circumstances of the accident has never shown any evidence of criminal conduct on the part of anyone".
The indictment also says the park and Miles concealed evidence and that Miles knowingly gave false information to a detective.
Caleb was killed in 2016 when a raft he was on with two women went airborne and hit a metal pole that supported a netting system meant to keep riders from flying off the ride.
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