[ad_1]
Criminal charges were dropped against a construction company and owners of a Schlitterbahn water park in Kansas City, Kansas, after Caleb Schwab, 10, was beheaded while driving a toboggan of 17 floors
(FOX4KC)
Criminal charges were dropped against a construction company and the owners of a Schlitterbahn water park in Kansas City, Kansas, after a 10-year-old boy was beheaded while driving a car. 17-storey slide in 2016.
Justice Robert Burns on Friday dismissed charges of second-degree murder against landlords Jeff Henry and John Schooley on the grounds that evidence presented to a grand jury in the pre-trial phase "improperly influenced" the court's decision. jury to pronounce indictments. Henry and Schooley also faced charges of aggravated child and battery danger, Fox 4 KC reported.
The case centered on the death of 10-year-old Caleb Schwab, who had died while he was riding Verruckt's 17-story slide (named after the "crazy" German word). It was touted as the largest slide in the world at the time and was demolished last year in light of Caleb's passing. The boy and his father, Secretary of State Scott Schwab, were at the park at a special event for Kansas lawmakers. The Schwabs received nearly $ 20 million worth of settlements after the murder of their son.
Judge Burns ended up siding with the defense side, claiming that the use of the continuation of a Travel Channel video on the Verruckt slide gave a false idea of the safety of the jurors during the preparatory hearings At the trial. The defense claimed that the video was scripted, sensational and intended for a television audience – was not to be seen as the true series of events.
The defense argued that the jurors were not informed that they were watching a dramatization.
NEW ANCHOR DEATH OF A METH OVERDOSAGE DURING A SEXUAL MEETING AT THE HOTEL, AUTOPSY REVES
Justice Robert Burns on Friday dismissed second-degree murder charges against landlords Jeff Henry (left) and John Schooley on the grounds that evidence presented to a grand jury in the pre-trial phase "unduly influenced "the jury's decision to file indictments.
(Johnson County Jail)
Another point of contention was the use of expert witnesses by the prosecution, who had suggested to the jury that the owners of the water park had been negligent in failing to comply with the standards of the American Society of Testing and Materials at the time. the construction of the Verruckt. However, this was not a requirement of Kansas law until 2017.
The judge also disputed the fact that the expert witness referred to the death in 2013 of another man in another Schlitterbahn park in Texas, which he described as "unrelated".
Judge Burns said in his statement that the gravity of the situation was not lacking, despite his decision to dismiss the charges.
"I obviously recognize that the circumstances and events behind these indictments are undoubtedly tragic," he said, according to the Kansas City Star. "The life of a young child has been lost and his disturbing death has been mourned by family, friends and the entire community of Kansas City and beyond."
THE MOST OLDEST CASE THE COLDEST OF THE NEW HAMPSHIRE IS RESOLVED – A SUSPECTIVE ASSASSIN OF THE VETERAN NAVY IS KILLED LATER SEVERAL YEARS
Caleb was beheaded while he was riding Verruckt's 17-story slip (which is the German word for "crazy") which was touted as the world's largest water slide at the time .
(Fox 4 KC)
However, the evidence in support of the charges against the water park owners and the construction company that built the Verruckt was simply not strong enough to warrant the acts of the park. accusation, said the judge.
"The court has great doubts as to whether the irregularities and irregularities improperly influenced the grand jury and ultimately reinforced its decision to indict these defendants," he continued. "Simply put, these defendants did not enjoy the due process guarantees and fundamental fairness required by Kansas law."
CLICK HERE TO GET THE FOX NEWS APP
Kansas Attorney General Derek Schmidt said he "respectfully disapproved" of the judge's decision. The Schwab family has yet to make a statement.
[ad_2]
Source link