Penticton Herald

Waterslide co-owner held without bond in Texas

- By JOHN HANNAH

TOPEKA, Kan. — A water park company co— owner Kansas authoritie­s accuse of deciding on the spur of the moment to build the world’s tallest waterslide and rushing its constructi­on without proper engineerin­g advice, was ordered held in a Texas jail without bond Tuesday in the 2016 decapitati­on death of a 10—year—old boy on the ride.

Jeffrey Henry, the 62—year—old co—owner of Texas—based Schlitterb­ahn Waterparks and Resorts , was booked into the jail in Cameron County, Texas, on suspicion of murder, aggravated battery and aggravated child endangerme­nt, according to jail records.

A judge Tuesday ordered that he be held in without bond pending extraditio­n to Kansas.

Henry’s arrest on Monday followed a Kansas grand jury’s indictment last week of the Schlitterb­ahn park in Kansas City, Kansas, and its former operations director, Tyler Austin Miles, on 20 felony charges. The charges include a single count of involuntar­y manslaught­er in the death of Caleb Schwab in 2016. Miles has been released on $50,000 bond, according to one of his attorneys, Tricia Bath.

No records have been released in Henry’s case, but the indictment in Miles’ case alleges that Henry made a “spur of the moment” decision in 2012 to build the world’s largest water slide to impress the producers of a Travel Channel show. The indictment says Henry’s desire to “rush the project” and his and his designer’s lack of expertise caused them to “skip fundamenta­l steps in the design process.”

The indictment described Henry as a high— school dropout with no technical or engineerin­g credential­s and said, “not a single engineer was directly involved in Verruckt’s dynamic engineerin­g or slide path design.” The indictment said that in 2014, when there were news reports emerging about airborne rafts, a company spokespers­on “discredite­d” them and Henry and his designer began “secretly testing at night to avoid scrutiny.”

The indictment listed 13 injuries other than Caleb’s decapitati­on that occurred during the 182 days the ride was in operation, including two concussion­s. In one of those cases, a 15—year— old girl went temporaril­y blind while riding.

Caleb, the son of Kansas Republican state Rep. Scott Schwab, was decapitate­d after the raft on which he was riding went airborne on a day on which admission was free for Kansas state legislator­s and their families. The family reached settlement­s of nearly $20 million with Schlitterb­ahn and various companies associated with the design and constructi­on of the waterslide. The two women who rode on the same raft with Caleb suffered serious injuries and settled claims with Schlitterb­ahn for an undisclose­d amount.

“Clearly the issues with Schlitterb­ahn go far beyond Caleb’s incident, and we know the attorney general will take appropriat­e steps in the interest of public safety,” the family said in a statement released Monday through their attorneys.

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.

Schlitterb­ahn spokeswoma­n Winter Prosapio said that considerin­g last week’s indictment, the company is not surprised by Henry’s arrest. The company also promised to aggressive­ly fight the criminal charges against Miles and the park, and respond to the allegation­s in the 47—page indictment “point by point.”

“We as a company and as a family will fight these allegation­s and have confidence that once the facts are presented it will be clear that what happened on the ride was an unforeseea­ble accident,” she said in an emailed statement.

Prosapio said Schlitterb­ahn does not expect any changes to the Kansas City park’s season, which is set to open May 25 and run through Labor Day. The big slide there — Verruckt, or German for “insane” — has been closed since Caleb died.

Schlitterb­ahn said last week’s indictment is “full of false informatio­n,” and the company also rejected its allegation­s that Miles and the company withheld informatio­n from law enforcemen­t officials. It said the allegation that Caleb’s death was foreseeabl­e is “beyond the pale of speculatio­n.” Miles’ attorneys said in their own statement that they welcome the opportunit­y to prove his innocence in court.

The company also operates water parks in Galveston, Corpus Christi, South Padre Island and New Braunfels, Texas, according to its website.

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