Accidental death at Schlitterbahn in Kansas City.

[ytterbiumanalyst]

Yeah, I can see that. I don't know what his previous experience was, as I just don't care to keep track of that sort of thing. But people are not indicted for battery via water slide out of the blue and for no good reason. If I can't trust them to keep us safe, then I won't go, and I'll go instead to a different place I do trust. That was my original point before it went off in the weeds with a bunch of names dropped that I'm not familiar with, and who seem to have zero connection to Schlitterbahn.

[SharkTums]

I don't think it matters even for the indictment whether he had experience, was an engineer, or whatever else we're all arguing about. The indictment has written and oral statements that they knew there were several problems with the ride and injuries and they conspired to cover them up!

[FeelTheFORCE]

Engineering, degrees, and certifications aside, the bigger picture here is how much negligence was allegedly going on. All the experience in the world isn't going to save them from that.

 

Edit: Basically reiterating what Elissa said. ^

[JJLehto]

I don't think it matters even for the indictment whether he had experience, was an engineer, or whatever else we're all arguing about. The indictment has written and oral statements that they knew there were several problems with the ride and injuries and they conspired to cover them up!

 

 

Precisely.

We love parks, and its natural to wanna defend stuff/people/places we like but we gotta be honest here. I mean it's not businesses have never done questionable things, sad as it is why would an amusement/water park be exempt. This is a very sad case. And it does seem this was deff more than just an accident/error but definite negligence. Very sad, and perhaps we're lucky it took as long as it did for something so tragic to happen

[Satans Hockey]

I don't think it matters even for the indictment whether he had experience, was an engineer, or whatever else we're all arguing about. The indictment has written and oral statements that they knew there were several problems with the ride and injuries and they conspired to cover them up!

 

Absolutely agree, if they actually acknowledged all these problems and shut the ride down until it it was fixed that would be one thing but this indictment certainly makes it seems like they just stuck their heads in the sand and ignored all the problems they knew about.

Edited March 25, 2018 by Satans Hockey

[DirkFunk]

Yeah, I can see that. I don't know what his previous experience was, as I just don't care to keep track of that sort of thing. But people are not indicted for battery via water slide out of the blue and for no good reason. If I can't trust them to keep us safe, then I won't go, and I'll go instead to a different place I do trust. That was my original point before it went off in the weeds with a bunch of names dropped that I'm not familiar with, and who seem to have zero connection to Schlitterbahn.

 

How do you know with any certainty that where you're going instead doesn't do the same thing? That's exactly the problem for the entire industry. If you told me 3 years ago that Schlitterbahn and KMG would both be in such hot water that Republican states would be banning their rides and arresting their executives, I'd never have believed you. And yet here we are.

[TEDodd]

We'll see what happens. The burden of proof lies heavily on the state. As the article said, it will be difficult for the State to prove this.

...

but I know all too well that accusations are enough in modern times. Especially when the press is looking to make a buck.

...

Again, it's important to withhold judgement until after the trial. Grand jury decisions are not nearly enough.

 

Exactly. They can claim practically anything in an indictment. Proving any of it is a different matter.

 

But ask Richard Jewell about clearing one's name afterward.

[TEDodd]

after seeing that the personel of Schlitterbahn knowingly lied to the police about this

 

They are merely accused. No charges have been proven yet.

Edited March 25, 2018 by TEDodd

[ytterbiumanalyst]

Yeah, I can see that. I don't know what his previous experience was, as I just don't care to keep track of that sort of thing. But people are not indicted for battery via water slide out of the blue and for no good reason. If I can't trust them to keep us safe, then I won't go, and I'll go instead to a different place I do trust. That was my original point before it went off in the weeds with a bunch of names dropped that I'm not familiar with, and who seem to have zero connection to Schlitterbahn.

 

How do you know with any certainty that where you're going instead doesn't do the same thing? That's exactly the problem for the entire industry. If you told me 3 years ago that Schlitterbahn and KMG would both be in such hot water that Republican states would be banning their rides and arresting their executives, I'd never have believed you. And yet here we are.

Nobody from SeaWorld has been indicted for battery via water slide. I really don't think this goes to the entire industry. Seems like one company tried to do something they weren't capable of doing, and they are reckoning with that. I still trust a good number of theme parks and water parks, even though I do understand that there is a possibility of injury. I'm okay with accidents happening. I'm just really not okay with intentional endangerment.

[TEDodd]

Someone without an engineering degree could be more fluent than an engineer.

 

As an engineer I agree completely.

 

A degree imparts no practical application experience. I've seen experience trump math many times. I've seen engineering fail or yield unworkable results.

[KIEnthusiast]

I urge everyone on here to read the actual indictment here: https://localtvwdaf.files.wordpress.com/2018/03/2018-03-21_indictment__miles_swkc__filed_redacted.pdf before commenting on this.

It is interesting that Schlitterbahn plans to plea not guilty. The evidence in the indictment seems pretty damning.

[DirkFunk]

Nobody from SeaWorld has been indicted for battery via water slide. I really don't think this goes to the entire industry. Seems like one company tried to do something they weren't capable of doing, and they are reckoning with that. I still trust a good number of theme parks and water parks, even though I do understand that there is a possibility of injury. I'm okay with accidents happening. I'm just really not okay with intentional endangerment.

 

SeaWorld's legal problems include investigations by the US Department of Justice and the Securities and Exchange Commission, and they obviously received penalties already from OSHA. Different legal problems when it comes to allegedly misleading the public, but that is a thing right now and they've already gotten the old SeaWorld Orlando president to flip as an informant. In any case, this is pretty much unprecedented what is happening to Schlitterbahn. Not just that there is a criminal trial coming but also the kind of player involved. This should be a wake up call, and the entire industry should separate itself as much as humanly possible from what occurred and from Schlitterbahn's management. I don't know that it'll happen, but that's what needs to occur.

 

Personally, I'm not that OK with accidents happening if they keep being the fault of the manufacturer or the park (which is overwhelmingly the case now for probably 15-20 years as it relates to rider death). They're amusement rides, not BASE jumping. The risk profile is supposed to be astronomically low.

[Jew]

Unfortunately no machine is perfect. Accidents in the amusement industry are usually traced back to human error. Sometimes that is a dumb guest, sometimes that is park negligence, and sometimes it’s unforeseen manufacturer errors.

 

In the case of this death, it appears to be the fault of the park (who doubles as the manufacturer). Seems like a lot of the evidence comes with a paper trail. I suspect there will be plea deals, so I don’t think we’ll ever know the full story.

 

Whatever happens, I think it’s safe to say Mr. Henry’s career as a waterslide designer/engineer/whatever you want to call him is over. And good riddance if everything in the indictment is true. The industry doesn’t need people who will willingly sacrifice safety for bragging rights or for financial purposes

[Philrad71]

^ Well said, Joey!

 

If knowledge of the danger and negligence of safety prove true, heads should definitely roll. As you mentioned, sometimes the final verdict never makes it back into the national spotlight, so we may need our TPR locals in KC keep us up to speed when that happens.

[humphreyhawk]

Alright....long time reader...first time posting. Been following this ride from it's announcement....from the KC area originally....never felt that this ride was safe for me and my family.

 

My .02 cents...

 

In the real world....they need to say "We are sorry, we feel like crap this happened in our park and to the victims, we are going to support the impacted in all ways legally possible, we fired all involved (I assume they haven't), we will help the authorities prosecute the case to seek justice (they kind of tried to say this), we don't know how to make it better but we are dedicated to the mission that it will never happen again in our parks".

 

But instead this crap release statement reeks of lawyer speak to ensure that the pending legal preceding will impact the company and it's employees as little as possible is the #1 goal. I wouldn't trust this company to walk my dog. I'm sure the victims family is really happy that their employees kids and grandkids happily walked away from Verruckt to live happy lives. Horrific.

 

 

Schlitterbahn released the following statement after the water park was indicted:

 

"We’ve reviewed the indictment against Schlitterbahn Kansas City and Tyler Miles and we plan on contesting the allegations. Since the date of the incident we have worked closely with law enforcement; at no time have we withheld evidence; at no time have we altered evidence. The indictment uses quoted statements from a reality TV show that was scripted for dramatic effect that in no way reflects the design and construction of the ride.

 

"The safety of our Schlitterbahn guests and employees has been at the forefront of our culture throughout our 40 years of operations. Many of us rode Verruckt regularly, as did our children and grandchildren. We have faith in the justice system and are confident that when we finally have an opportunity to defend ourselves, it will be clear that this was an accident. We stand by our team and will fight these charges."

 

 

I'd challenge all of you to consider not supporting this company.

Edited March 27, 2018 by humphreyhawk

[mikefitz]

 

http://www.kansascity.com/news/article206886324.html

 

It appears Jeff Henry is being charged with murder, presumably in the second degree. Hoooboy.

[bostonlva]

“@st_vockrodt: BREAKING: Schlitterbahn co-owner Jeff Henry has been arrested by U.S. Marshals, currently being held in Texas on Verruckt-related charges. https://t.co/wkTqVYY42F

 

 

Sent from my iPhone using Tapatalk

[bostonlva]

Charged with murder?

 

 

AP) -- A newspaper report says the co-owner of the company operating a Kansas water park has been arrested in connection with a criminal case arising from a 10-year-old boy's death on a giant waterslide.

 

Schlitterbahn Waterparks and Resorts co-owner Jeffery Henry was arrested Monday in Cameron County, Texas. A captain in the local sheriff's department told the newspaper that Henry was arrested by U.S. marshals on a Kansas warrant.

 

He was being held without bond, and a jail booking clerk said he would remain there until a court appearance Tuesday.

 

He was arrested on single count of murder, 12 counts of battery, and five counts of aggravated child endangerment, according to the booking log.

http://www.wibw.com/content/news/Report-says-Schlitterbahns-co-owner-arrested-477979253.html

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[Jew]

Alright....long time reader...first time posting. Been following this ride from it's announcement....from the KC area originally....never felt that this ride was safe for me and my family.

 

My .02 cents...

 

In the real world....they need to say "We are sorry, we feel like crap this happened in our park and to the victims, we are going to support the impacted in all ways legally possible, we fired all involved (I assume they haven't), we will help the authorities prosecute the case to seek justice (they kind of tried to say this), we don't know how to make it better but we are dedicated to the mission that it will never happen again in our parks".

 

But instead this crap release statement reeks of lawyer speak to ensure that the pending legal preceding will impact the company and it's employees as little as possible is the #1 goal. I wouldn't trust this company to walk my dog. I'm sure the victims family is really happy that their employees kids and grandkids happily walked away from Verruckt to live happy lives. Horrific.

 

 

Schlitterbahn released the following statement after the water park was indicted:

 

"We’ve reviewed the indictment against Schlitterbahn Kansas City and Tyler Miles and we plan on contesting the allegations. Since the date of the incident we have worked closely with law enforcement; at no time have we withheld evidence; at no time have we altered evidence. The indictment uses quoted statements from a reality TV show that was scripted for dramatic effect that in no way reflects the design and construction of the ride.

 

"The safety of our Schlitterbahn guests and employees has been at the forefront of our culture throughout our 40 years of operations. Many of us rode Verruckt regularly, as did our children and grandchildren. We have faith in the justice system and are confident that when we finally have an opportunity to defend ourselves, it will be clear that this was an accident. We stand by our team and will fight these charges."

 

 

I'd challenge all of you the consider not supporting this company.

 

If they were just facing civil penalties, 100% agree. Even if I know I'm wrong, I'd still want to protect myself from criminal charges.

 

That being said...Glad Jeff Henry was charged. That indictment was terrifying to read. He'll get the day in court they asked for in the press release.

[ytterbiumanalyst]

Charged with murder?

 

 

AP) -- A newspaper report says the co-owner of the company operating a Kansas water park has been arrested in connection with a criminal case arising from a 10-year-old boy's death on a giant waterslide.

 

Schlitterbahn Waterparks and Resorts co-owner Jeffery Henry was arrested Monday in Cameron County, Texas. A captain in the local sheriff's department told the newspaper that Henry was arrested by U.S. marshals on a Kansas warrant.

 

He was being held without bond, and a jail booking clerk said he would remain there until a court appearance Tuesday.

 

He was arrested on single count of murder, 12 counts of battery, and five counts of aggravated child endangerment, according to the booking log.

http://www.wibw.com/content/news/Report-says-Schlitterbahns-co-owner-arrested-477979253.html

Sent from my iPhone using Tapatalk

If you look at the indictment, the charge is actually involuntary manslaughter, not murder. I think that's the appropriate charge. He wasn't trying to kill the kid, he just didn't care if someone died.

[humphreyhawk]

I don't see a way that they can charge anyone with murder....not with the info that was released to us. As horrific as I see the situation I can't image that they acted with intent to kill....seems like manslaughter would be the most appropriate charge. That being said....they say they where expecting the charge? Where they expecting a murder charge? or was that a media slip-up to get rating for it? Still feels like we are not seeing the larger picture.

 

Sounds like the defense is going to be centered around....well we let our own family ride it....so we couldn't have been neglectful. yikes.

[Zero One]

If you look at the indictment, the charge is actually involuntary manslaughter, not murder. I think that's the appropriate charge. He wasn't trying to kill the kid, he just didn't care if someone died.

 

The indictment last week didn't charge Henry so there is an unreleased one for his charges.

 

That said it's probably manslaughter too.

[AllenA07]

I would caution anybody from reading too much into an indictment. There is an old saying that a good prosecutor could indict a ham sandwich. I can also tell you that in my experience, indictments are always going to sound pretty awful, they are after all a list of charges.

 

There are a few things to keep in mind when reading it. Now before I start, I should point out that my area of expertise is criminal law in Texas, however, these things tend to be pretty universal throughout the Country (with some exceptions). The first thing to understand is the very basics of how the grand jury works. The entire thing is controlled by the State, there is a relatively limited amount that the defense can do, if anything at all. Unless the District Attorney specifically invites a defense attorney to Grand Jury, they don't even have the right to be in the room. In the past 8 years of practicing, I've been invited once, it is exceptionally rare.

 

Likewise, keep in mind that the burdens are different. Everybody knows that for a criminal trial we are dealing with beyond a reasonable doubt. During grand jury, the burden drops to a much easier to obtain level of probable cause. The biggest concern I would have is a large number of counts. Anytime you exceed 20 or so counts, it's a clue that the State is out for blood. In this case, they are right on that line.

 

As far as hearing anything directly from Mr. Henry, like an apology, if he were my client I would be very strongly encouraging him to shut up and not say a word to anybody. Talking is literally the worst thing somebody can do when facing criminal charges. As for Schlitterbahn, their best move to distance themselves as quickly as possible from all of this. What's good for the company is probably not good for Jeff Henry.

 

Purely speculating from my experience, I would bet that the State is really only interested in that first count. The rest of the counts are leverage. I wouldn't be at all surprised if you see a situation where there is ultimately a plea agreement on Count 1 with a dismissal of the other 19 counts. That is a pretty common tactic as it gives the State some flexibility in case of an unexpected acquittal on some of the charges. During negotiations, the State can use the extra charges to justify making a higher offer.

 

Finally, I will say that this is the most detailed indictment I have ever seen. Normally indictments are, intentionally, pretty bare bone.

Edited March 29, 2018 by AllenA07

[Hilltopper39]

Back in 2014 I think, The now defunct website Grantland.com published a piece about Jeff Henry and the founder of Wet n Wild "The Men Who Built the Great American Waterpark". I loved reading the piece 4 years ago, the author's description of Henry at the time made him sound like kind of a loose shoot from the hip fun kinda cowboy “What’s really interesting about my family is, we don’t really work for the shareholders,” he said. “We actually work for the people who buy our tickets …”, but looking back on it comes off a little differently.

 

The article is still available, check it out if you want.

 

grantland.com/features/the-wet-stuff-verruckt-waterslide-schlitterbahn/

[amy_mel]

 

http://www.kansascity.com/news/article206886324.html

 

It appears Jeff Henry is being charged with murder, presumably in the second degree. Hoooboy.

 

If you follow the Twitter feed linked here they give the Kansas statute. It does look like based on the wording of that statute that they could charge 2nd degree murder. Being as his name is all over the design from start to finish, charging him with the higher offense makes sense. Then charge manslaughter to Miles as he allegedly covered the injuries up and doctored reports but didn't have part in building this ride.

 

On another note, I read an article that quoted a former lifeguard as saying that part of the pre-opening routine was to have people ride the slide 3 times. He stated that no one wanted to volunteer. Ever. That people were kind of drafted to do this. The one time he did, the raft hit the concrete wall at the end of the runout pool and he was injured. He didn't return to employment that next summer. If this is true there are likely more former employees to corroborate that and it doesn't look good for the defendants.