Judge Rejects Charges on Decapitation of 10-Year-Old Boy on Toboggan

A judge dismissed the criminal lawsuits against a Kansas water park owner and the designer of a 17-storey slide on which a 10-year-old boy had been beheaded in 2016.

Wyandotte County Judge Robert Burns has 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.

The judge also dismissed a charge of manslaughter against the director of operations, Tyler Miles, Kansas City Star reported.

They were charged after the death of Caleb Schwab while he was driving 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 defendants did not enjoy the due process guarantees and fundamental fairness required by Kansas law."

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

"We will carefully review the decision, including the court's observation that the ruling" does not rule out 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 and disturbing case to determine the best way forward, "said Schmidt.

Caleb was killed aboard the Verruckt – in German, for "crazy" – in 2016, when the raft he was flying took off and struck 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 behind these indictments are undoubtedly 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 today's decision that rejected the charges against all the defendants, we are grateful for all the support and help the encouragement we have received. "

The evidence included a video from a Travel Channel show describing the construction of the Verruckt, in which Henry and others pointed out the risks to runners on a raft dropping 17 stories before climbing a second hump 15.24 m.

Defense lawyers argued that the show was scripted for entertainment, showing flying boats. They argued that the video did not show how the commute actually worked, but the Attorney General's office never told the jury that it was a dramatization, even though it was not. He showed boats 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 did 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 attorneys also argued that the grand jury should not have heard testimony of another death in a Schlitterbahn park in Texas, as this has nothing to do with what happened. passed 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 has received nearly 20 million US dollars in settlements. The two women with Caleb on the raft seated for an undisclosed amount.

– AP