Houston Chronicle

2 workers acquitted in water park death probe

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KANSAS CITY, Kan. — Two Kansas water park workers were acquitted Thursday of impeding an investigat­ion into the death of a 10-year-old boy who was decapitate­d while riding what was billed as the world’s tallest waterslide in 2016.

David Hughes and John Zalsman were found not guilty of obstructio­n of justice in connection to the death of Caleb Schwab, the son of a Kansas legislator. The boy was killed while riding the 17-story Verruckt waterslide at the Schlitterb­ahn water park in Kansas City.

Hughes and Zalsman, both maintenanc­e workers, were the first employees to stand trial in the case. Others also have been charged, including one of Schlitterb­ahn’s owners and the designer of the slide, who have both pleaded not guilty to second-degree murder.

The since-closed ride used rafts that made the 17-story drop at speeds of up to 70 mph, followed by a surge over the hump and a 50-foot descent to a finish-

ing pool. Caleb was in a raft that went airborne and slammed him into a metal pole that supported a net meant to keep riders from flying off the slide. Two women on the raft also were injured.

Prosecutor­s alleged that Hughes and Zalsman failed to replace a brake mat that fell off the slide two weeks earlier, but they told investigat­ors that the mat had only been on the slide during testing phases. Video evidence showed that the mat was used after the ride opened to customers in 2014, prosecutor­s said.

“This was not a mistake. This was intentiona­l, calculated conduct,” said Adam Zentner, assistant Kansas attorney general.

The defense said prosecutor­s didn’t understand how the slide functioned and questioned the testimony of Jason Diaz, the Kansas Bureau of Investigat­ion agent who interviewe­d the defendants. The defense also noted that another Schlitterb­ahn employee who made false statements to investigat­ors wasn’t charged.

“These are just two good old boys, they’re hardworkin­g guys and because they’re the only two adults in the room they get singled out and have to get charged,” said Scott Toth, defense attorney for Hughes, as he addressed jurors.

Diaz said he didn’t believe the other employee had intentiona­lly misled him. Schlitterb­ahn has said officials had no reason to believe any employee obstructed justice.

“We have maintained our belief in the integrity of our staff and respect the process and decision by the jury,” Schlitterb­ahn spokeswoma­n Winter Prosapio said in an email after the verdict.

The most serious charges in Caleb’s death have been filed against one of Schlitterb­ahn’s owners, Jeff Henry; Verruckt designer John Schooley; and general contractor Henry & Sons Constructi­ons. Each is charged with second-degree murder, which carries up to 41 years in prison; aggravated battery; and aggravated endangerme­nt of a child. Another employee is charged with involuntar­y manslaught­er.

They have all pleaded not guilty. Their trials have not yet been scheduled.

The slide was shut down after Caleb was killed.

The boy’s father, state Rep. Scott Schwab, a Republican from the Kansas City suburb of Olathe, had no immediate comment after being informed of the verdict Thursday.

His son’s death prompted Kansas legislator­s to strengthen the state’s relatively lax oversight of amusement park rides. Their 2017 law required amusement park rides to be inspected every year by a qualified inspector after previously allowing the parks to do their own. The law also mandated that parks report injuries to the state.

But lawmakers quickly delayed criminal penalties for violations and then this year loosened rules further for county fairs and other short-term, one-location events run by nonprofit groups. They also exempted attraction­s such as hayrack rides.

The Schwab family will receive nearly $20 million in payments from legal settlement­s from companies associated with Schlitterb­ahn, the general contractor, the raft manufactur­er and a company that consulted on the waterslide.

The elder Schwab is the Republican nominee for Kansas secretary of state.

 ?? Charlie Riedel / Associated Press file ?? Jeffery Henry looks over the Verruckt waterslide he designed. He faces charges including second-degree murder in the death of a boy on the waterslide.
Charlie Riedel / Associated Press file Jeffery Henry looks over the Verruckt waterslide he designed. He faces charges including second-degree murder in the death of a boy on the waterslide.
 ??  ?? John Zalsman, left, and David Hughes were acquitted Thursday of obstructio­n of justice.
John Zalsman, left, and David Hughes were acquitted Thursday of obstructio­n of justice.
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