Defense attorney Kisha Hebbon provides insight who is liable for 10 year olds death. Source: Fox News
When Caleb Schwab climbed aboard the world's highest waterslide on August 7, 2016, the 10-year-old could never have known how much danger he was in.
The same can't be said for the high school dropout in charge of safety at the Kansas City theme park where Caleb was tragically andhorrifically decapitated, the news.com.au reports.
Caleb died when the raft he was riding went airborne and collided with the overhead netting and metal hoops. Photo / Supplied
Tyler Miles, director of operations at the Schlitterbahn Waterpark, not only knew the 17-storey-high Verruckt ride was unsafe but rushed its construction and ignored warnings from the park owner that "I could die going down this ride".
That's according to the official charges and police statement of facts revealed in a damning 47-page report made public on Tuesday.
Mr Miles was charged with involuntary manslaughter, aggravated endangering of a child, aggravated battery and interfering with law enforcement.
It's alleged that after Caleb died, Mr Miles actively tried to cover up prior knowledge of safety flaws on the waterslide and hide incident reports revealing just how dangerous it really was.
A TRAGEDY THAT SHOULD'VE BEEN PREVENTED
Caleb died when the raft he was riding went airborne and collided with the overhead netting and metal hoops. It was not the first serious incident at the park but it was by far the worst.
Others who took their chance riding the 50m-tall ride suffered horrific injuries including slipped disks, fractures, concussions and nails being ripped clean off.
In total, 14 serious incidents took place on Verruckt — which translates in German to "crazy" — during 182 days of operation between opening on July 10, 2014 and the day it closed, August 7, 2016.
The first involved a 14-year-old girl referred to as A.P who rode in the front seat. According to documents, she was seriously injured when the ride came to an abrupt stop.
"As the raft entered the run-out pool, the raft decelerated too rapidly, throwing A.P's head forward then slamming her head backward against the head rest," the indictment reads.
"She suffered head and neck injuries, concussion ... since riding the Verruckt, A.P has suffered chronic neck pain, migraines and memory loss."
In 2015, riders suffered whiplash, concussions, slipped disks and neck pain. In 2016, Norris Groves, 46, rode Verruckt with his wife and young son.
The report states: "As the raft went over the crest of the second hill, the raft went airborne and Groves' face and forehead collided with an overhead hoop and netting.
The injuries that occurred on the ride leading up to Caleb Schwab's death have been listed in a document outlining formal charges.
"The raft then crashed into the concrete wall at the end of the run-out pool. Lifeguards told Groves the raft had gone way too fast. The impact of the hoop and netting caused Groves' right eye to swell shut for the rest of the day."
'I COULD DIE GOING DOWN THIS RIDE'
The indictment names John Schooley and Jeffrey Henry as the ride's designers. Mr Henry was also a co-owner at the park.
It suggests that neither of the two were qualified to design and implement safety measures for the ride and that both rushed its opening. Mr Henry admitted that one of his principal motivations in building Verruckt was to flaunt his achievements in the faces of the other waterpark owners.
"I'm gonna brag a lot," he said. But he also knew it could kill.
Documents allege Mr Henry once told a colleague: "Verruckt could hurt me, it could kill me, it is a seriously dangerous piece of equipment today because there are things that we don't know about it.
"I've seen what this one has done to the crash dummies and to the boats we sent down it. It's complex, it's fast, it's mean. If we mess up, it could be the end. I could die going down this ride."
The statement of facts declares that due to "Henry and Schooley's lack of expertise and a desire to rush the timeline", they skipped "fundamental steps in the design process".
The Verruckt waterslide at the Schlitterbahn waterpark in Kansas City is now closed permanently. Photo / Getty Images
"In place of mathematical and physics calculations, they rushed forward relying almost entirely on crude trial-and-error methods," the indictment reads.
It's believed the pair conducted trials at night to avoid scrutiny after reporters began asking questions about whether the ride was safe.
THE ALLEGED COVER-UP
Less than a month after Caleb was killed riding Verruckt, Kansas Police Detective Jason Sutton spoke with Mr Miles about reporting of serious incidents at Schlitterbahn.
"Have you been aware of any complaints regarding Verruckt in the last season?" he asked. "This season, this summer?"
Mr Miles answered, "I have not, sir." But police allege that was a lie.
They say that Mr Miles had "withheld thousands of written daily reports containing incriminating information" against himself and others and that he had recruited a 17-year-old lifeguard to write a "coached statement". The lifeguard later told police Mr Miles had attempted to cover up Mr Groves' close call on June 20 that same year.
Verruckt water slide designers, John Schooley, left, and Schlitterbahn co-owner Jeffrey Henry, speak in 2014 about the challenges of opening the 17-storey attraction in Kansas City. Photo / AP
The indictment states that the netting and support hoops above the ride path was "obviously defective and ultimately lethal".
"Henry, Schooley and Miles each had knowledge that rafts were still going airborne in the days before Verruckt's grand opening to the public, meaning the installation of overhead hoops and netting above the ride path was particularly reckless."
It is also alleged that Caleb should never have been on the ride in the first place and that prior to the ride's opening, it was agreed the age limit would be 14 years.
