South Florida Sun-Sentinel (Sunday)
Six months later, questions linger about Tyre Sampson’s death on Orlando Free Fall
Even as Orlando Slingshot’s decision to dismantle the Free Fall drop tower that 14-year-old Tyre Sampson fell from in March addresses one big issue surrounding the accident, much about Tyre’s death is still unknown six months later.
The state’s investigation, which must conclude before the Free Fall can be taken down, continues with no end in sight as a new agriculture commissioner prepares to take office. It could last another six months, one ride expert said, as he has seen similar investigations take a year.
Tyre’s family’s lawsuit against Orlando Slingshot, ICON Park and others associated with the attraction is still in its early stages.
The Orange County Sheriff’s Office, which investigated the accident to determine if a crime had taken place, did not press criminal charges in the case, spokeswoman Michelle Guido said.
In the six months since Tyre’s final moments were captured on graphic video, the St. Louis teen’s family has not stopped seeking justice and closure. The ride operator’s decision to tear down the ride fulfilled one of the family’s major demands, but others remain.
“[Tyre’s] first legacy is getting this ride taken down,” said Michael Haggard, an attorney representing Tyre’s mother, Nekia Dodd. “And I think that she also wants his legacy to be making these rides safer throughout the world.”
In the meantime, legislators and officials are using the available information on the accident to strengthen Florida’s ride safety laws. Agriculture Commissioner Nikki Fried, state Sen. Randolph Bracy, D-Ocoee, and state Rep. Geraldine Thompson, D-Orlando, presented a framework for future legislation in July.
Thompson said the Tyre Sampson Bill will be the first one she files for the next legislative session as a new state senator.
“I want the family of Tyre Sampson to know that this is not something that’s going to be obscured, swept under the rug [or] forgotten,” Thompson said.
Yarnell Sampson, Tyre’s father, has voiced that concern in recent months. His lawyers did not respond to requests for comment for this article but praised Orlando Slingshot’s decision on Oct. 6 to dismantle the Free Fall.
“The Orlando Free Fall ride never should have been permitted to operate under those faulty conditions,” the statement from Ben Crump and Bob Hilliard read. “Theme parks, their parent companies, and regulatory agencies must do better to prevent this kind of tragedy from happening to any other family.”
No deadline for state probe
The Florida Department of Agriculture and Consumer Services, Florida’s ride safety agency, has not released any investigation developments since April.
Its preliminary report found someone manually changed sensors on two of the Free Fall’s seats, allowing those safety harnesses to open three to four inches wider than on other seats. Tyre, a 6-foot-2 football player who weighed 383 pounds, exceeded the ride’s weight limit by nearly 100 pounds. He slipped out of a 7- to 10-inch gap as the ride slowed to a stop.
The investigation’s next step is expected to be determining who made the adjustments and why that happened. Reached recently, agency spokeswoman Erin Moffet repeated Fried’s earlier remark that the investigation will “take as long as it needs” and the state will release updates when it can.
“This is a legal investigation that includes interviewing witnesses, collecting evidence, subpoenaing records, and conducting depositions — all of which are legal processes that take time to be done right,” Moffet said in a statement. “Any time new evidence comes to light or out of a deposition, we then look into that additional information further, including conducting additional interviews as needed. That is why we cannot provide a timeline for the investigation’s completion.”
Moffet did not comment when asked if Fried, who lost to Charlie Crist in the Democratic primary for governor, hoped to finish the investigation before she leaves office in January. She previously said her dedication to improving Florida’s ride safety laws would continue beyond her tenure.
A representative of Senate President Wilton Simpson, who is running to replace Fried in the Cabinet position, did not reply when asked how he would approach the investigation.
Thompson said she has not been privy to the probe but believes the agency is taking the necessary time. Still, she is urging Fried to complete it before leaving office.
Haggard said his legal team is in contact with the agriculture department and understands it is “being very thorough.”
“It’s frustrating it doesn’t move quicker, but I think
they’re doing a very good job,” he said.
Probe can take a year
Independent ride safety consultant Brian Avery teaches accident investigation in his risk management classes at the University of Florida. He said he has seen state inquiries take up to a year in some cases, and the entire legal process surrounding an accident can take four to five years.
The April engineering report has already provided enough information for officials to start correcting the issues it brought to light, he said.
“It’s a process, and I think people can grow frustrated with respect to it,” Avery said. “But during that process, progress can still be made.”
Evidence compiled by lawyers during the lawsuit could help move along the state investigation and vice versa, Avery said.
Haggard said the lawsuit’s discovery has revealed “more information of the seat being manipulated, how many people were involved in that, and just the reckless disregard for safety.” That information is not yet public, he said.
“We’re going to trial next year and looking forward to exposing not just Slingshot and the manufacturers and ICON and everything like that, but really changing the industry,” he said.
Orlando Slingshot has denied the family’s allegations in court, records show. In a statement, Orlando Slingshot attorney Trevor Arnold said the legal team supported safety efforts.
“We are working closely with officials from the Department of Agriculture and others focused on bettering safety standards across the industry,” he wrote. “We also support Rep. Geraldine Thompson’s ‘Tyre Sampson legislation’ and believe it will also bring important statewide reforms.”
In an unsigned statement, ICON Park said the company “had absolutely no involvement with, or knowledge of, alleged manipulation of any seat on the FreeFall ride” because Orlando Slingshot was solely responsible for the attraction.
“The safety of our guests is and always will be ICON Park’s most important objective, which is why we strongly supported the tenant’s recent announcement to take down the FreeFall ride,” it read. ICON Park asked Orlando Slingshot to shut down its two rides at the property during the investigation, which it did.
Accident spurs lasting change
It’s unusual for a ride operator to voluntarily shut down a ride, let alone decide to decommission it while an accident investigation is still active, but it was “the right decision,” said Avery and ride safety consultant Ken Martin.
The unusually strong public outcry around Tyre’s death likely forced the issue. In its Oct. 6 statement, Orlando Slingshot said it considered “the wishes of Tyre’s family and the community” in deciding to stop operating the new attraction.
“I don’t think that the public was willing to forgive and or forget anytime soon with respect to this particular ride, and I think it truly sent some shockwaves into the industry,” Avery said.
Haggard said Dodd is concerned the Orlando Slingshot could sell the ride or move it elsewhere to operate under a different name. Avery shares this concern, since repurposing entire rides or their parts is common in the industry.
In an unsigned statement, Orlando Slingshot said “there are no plans for the future operation of the FreeFall ride.” They did not clarify the statement when asked.
When the ride comes down at ICON Park, it will likely be dismantled pieceby-piece, starting with the harnesses, seats, cables and other parts affixed to the tower, Avery said. Since the tower is a record-breaking 430 feet tall, workers would likely need a specialized crane to dismantle it from the top down.
Tyre’s family has called for a permanent memorial to him at the site. Thompson said she would also like to see the accident acknowledged nearby as part of being “honest about what happened.”
Over the past six months, she has been studying other states’ ride safety regulations and talking with experts to draft the “Tyre Sampson Bill.” She hopes to garner bipartisan support for it.
“Our tourism industry is dependent on people knowing that they’re safe when they come here,” Thompson said.
The legislation will expand upon measures proposed in the July legislative framework, including proposing quarterly inspections for Florida’s smaller attractions, prohibiting adjustable safety sensors on rides and requiring stricter training standards for ride operators and safety signage outside rides, Thompson said.
Avery wants the legislation to clearly set strict rules for ride operators and inspectors. He said he hopes a later draft requires secondary safety restraints, like a seatbelt, on all thrill rides, since he believes one could have saved Tyre’s life.
Martin, who runs KRM Consulting in Virginia, said changes on a national scale are needed. Steps such as tightening industry guidelines set by the national standard organization, ASTM International, and enforcing them nationwide would help keep riders safe.
“People in the United States have to wake up and see what’s happening in the amusement ride industry. It is not regulated properly,” Martin said. “Fifty states, and no two states regulate amusement rides in the same way. It’s sad — they’re getting away with murder.”