Charges laid in the death of Caleb Schwab

Associated press

Posted at 4:33 pm ET February 23, 2019

KANSAS CITY, Kan. – A judge on Friday dismissed criminal lawsuits against a Kansas water park owner and the designer of a 17-story slide on which a 10-year-old boy had been beheaded in 2016.

Wyandotte County Judge Robert Burns cited inappropriate evidence in the abandonment of second degree murder charges against Schlitterbahn's owner Jeff Henry, designer John Schooley and general contractor Henry and Sons Construction Co. City Star reported.

They were charged after the death of Caleb Schwab as he rode the toboggan, considered the largest toboggan in the world.

"The court has great doubts about whether the irregularities and irregularities improperly influenced the grand jury and ultimately reinforced its decision to indict these defendants," said Judge Robert Burns. "Simply put, these accused did not enjoy the due process and fundamental fairness required by the Kansas law."

Kansas Attorney General Derek Schmidt said in a statement that his office, which had initiated the proceedings, was disappointed and "respectfully disapproved" of Burns' decision.

"We will carefully review the decision, including the court's observation that the ruling" does not exclude the possibility that the state will pursue the case in a criminal court, "and will consider again the evidence and the law applicable in this tragic case. and troubling cases to determine the best way forward, "said Schmidt.

More: Boy dies on Kansas slide considered to be the largest in the world

More: The death of a water slide casts a shadow on the summer tradition

Caleb was killed aboard the Verruckt (German for "crazy") in 2016 when the raft on which he was boarded took off and hit a metal pole. Two women who accompanied her in the raft were seriously injured. The slide never worked again and was demolished.

In making his decision, Burns noted the tragedy of Caleb's death.

"I obviously recognize that the circumstances and events that gave rise to these indictments are unquestionably tragic," Burns said. "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."

Winter Prosapio, spokesman for Schlitterbahn, said in a statement: "We welcome the decision today that dismissed the charges against all accused. We are grateful for all the support and encouragement we have received. "

The evidence included a video of a Travel Channel show showing the construction of the Verruckt, in which Henry and others pointed out the risks to runners on a raft dropping 17 floors before climbing a second mound. 15 feet (15.24 meters). Defense lawyers argued that the show was scripted for entertainment, showing flying boats. Defense counsel argued that the video did not show how the trip actually worked, but the Attorney General's office never told the jury that it was a dramatization, even though it showed that boats were flying in the same way that Caleb died.

The state argued that it was up to the jury to determine what was true and said the Travel Channel video should be presented at trial.

The accused also stated that the jurors were repeatedly informed that the toboggan was not built in accordance with ASTM International standards, which could have led jurors to conclude that the water park was contrary to the rules. law. But the Kansas law does not require the Verruckt to meet those standards at the time of Caleb's death. The legislator hardened the state law involving inspections and requirements after the boy's death.

The lawyers also claimed that the grand jury should not have heard testimony of another death in a Schlitterbahn park in Texas because it is irrelevant to what happened here.

Caleb and his father, Scott Schwab, were at the park for a special day for state legislators. Schwab was elected Secretary of State of Kansas in November.

Caleb's family received nearly $ 20 million in settlements. The two women with Caleb on the raft seated for an undisclosed amount.

The Schwab office on Friday sent a request for comment to his family's lawyer, Mike Rader, who did not immediately return a phone message.

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