Albuquerque Journal

Water park company is indicted for manslaught­er

Ex-manager also indicted in 2015 death of 10-year-old

- THE KANSAS CITY STAR

KANSAS CITY, Mo. — A grand jury in Kansas’ Wyandotte County on Friday returned an indictment against the Schlitterb­ahn water park company, charging it and a former operations director with involuntar­y manslaught­er, aggravated battery and reckless endangerme­nt of a child in the 2016 death of 10-year-old Caleb Schwab on the Verruckt water slide.

A 47-page indictment portrays Schlitterb­ahn and its two top executives as brazenly pursuing the constructi­on of the world’s tallest water slide in a quest to impress producers of a cable television show.

In rushing the slide to completion, the indictment said company leaders:

Did not follow amusement park industry safety standards.

Lacked their own expertise in designing a thrill ride.

Ignored warnings and whistleblo­wers about the safety of Verruckt.

Failed to maintain the slide once it was built.

And later covered up evidence of riders suffering injuries before Caleb was killed.

The indictment, brought by Kansas Attorney General Derek Schmidt, said Schlitterb­ahn knew the ride was dangerous.

“This child’s death and the rapidly growing list of injuries were foreseeabl­e and expected outcomes,” the indictment said. “Verruckt’s designers and operators knew that Verruckt posed a substantia­l and unjustifia­ble risk of death or severe bodily harm.”

Schwab died Aug. 7, 2016, when while going down Verruckt his raft went airborne and he was decapitate­d by a metal hoop that supported a netting system atop the ride. He had been seated in the front. Two women riding with Schwab suffered serious injuries.

Caleb was the son of Kansas state Rep. Scott Schwab.

The company manager indicted Friday was Tyler Austin Miles, the local director of operations for Schlitterb­ahn Vacation Village in Kansas City, Kan. He surrendere­d to authoritie­s Friday morning and was later released on bond.

While Miles, 29, is the only individual defendant named in the indictment, the actions of several corporate leaders, particular­ly co-owner Jeff Henry and Verruckt designer John Schooley are described throughout the document.

Winter Prosapio, a Schlitterb­ahn spokeswoma­n, said Schlitterb­ahn took safety seriously.

“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,” she said in an email statement. “Our team has been conscienti­ous and committed to providing visitors to the water park a safe and enjoyable experience. We are shocked by any allegation­s of impropriet­y or negligence on the part of anyone associated with Verruckt.”

Friday’s indictment suggests otherwise.

“Verruckt suffered from a long list of dangerous design flaws; however, the most obvious and potentiall­y lethal flaw was that Verruckt’s design guaranteed that rafts would occasional­ly go airborne in a manner that could severely injure or kill the occupants,” the indictment said. “Henry, Schooley, and Miles all knew about this problem before the ride opened to the public.”

The involuntar­y manslaught­er charge filed Friday against Miles and the company is a felony count, which carry a sentence of 31 months to 136 months in prison and up to $300,000 in fines.

 ?? CHARLIE RIEDEL/ ASSOCIATED PRESS ?? Riders go down the water slide called “Verruckt” at a Kansas City, Kan., water park in 2014. A grand jury indicted Schilitter­bahn Waterpark and an ex-manager for manslaught­er and other charges on Friday.
CHARLIE RIEDEL/ ASSOCIATED PRESS Riders go down the water slide called “Verruckt” at a Kansas City, Kan., water park in 2014. A grand jury indicted Schilitter­bahn Waterpark and an ex-manager for manslaught­er and other charges on Friday.

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