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Re:Water Slide That Decapitated Boy Violated Basic Design St... by crazypyro on Monday March 26, 2018 @06:44PM (#16683352)
edit: The owner was arrested just today, so I had missed that.

Can someone explain why they are charging the 29 year old director of operations who started as a lifeguard and had no formal training or connection to engineering/design and not one of the designers or owners, both of which are mentioned in the indictment multiple times?

It doesn't make a lot of sense to me other than they needed to charge someone.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by tzs on Monday March 26, 2018 @08:19PM (#16684010)
As others have noted, there has been another arrest. The operations director was merely the first. So, the question then becomes why him first?

According to the article:

> As investigators were looking into the death of the boy, Caleb Schwab, in August 2016, Mr. Miles, then the operations director, hid or destroyed documents detailing injuries sustained by riders, the indictment said.

I'd guess that this might have something to do with it. Even if it turns out that no one did anything actually criminal in regards to the building and operation of the ride itself, destroying evidence to impede an investigation is criminal. The criminal charges for this are probably also easier to prove than the ones related to the ride itself.

Furthermore, even if it turns out there was nothing actually criminal in the operation of the ride, so that none of the owners or designers are guilty of anything, he can still go down for destroying evidence.

In short...he's potentially double screwed. So indict him first, point out that even if he gets off on the ride-related charges (which is plausible...he can try to argue that he is not an engineer, so he trusted the judgment of the engineers who designed and built the thing), they've got him on the destroying evidence thing. His only realistic hope, therefore, is to accept a deal. Tell him you really want to nail the owners and designers, and offer him a deal.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by smitherfield on Monday March 26, 2018 @07:03PM (#16683497)
The owner was just arrested as well,[1] and I'd bet that more will follow. My guess is the director of operations will get a plea deal in exchange for testifying against the others.

[1] http://www.kansascity.com/news/article206886324.html

Re:Water Slide That Decapitated Boy Violated Basic Design St... by jessaustin on Monday March 26, 2018 @08:28PM (#16684068)
Yeah typically the defendant they want to testify (often the lowest-level, least-responsible defendant) is charged first. In exchange for a deal, that person will provide as much evidence as possible against everyone else.

It is interesting that this firm has an "owner" rather than a CEO and a board. It's my impression that executives and board members would be less likely to face criminal charges in this sort of situation.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by donarb on Monday March 26, 2018 @11:34PM (#16684992)
Schlitterbahn is a private family-run business.
Re:Water Slide That Decapitated Boy Violated Basic Design St... by Maybestring on Monday March 26, 2018 @06:56PM (#16683449)
>Evidence suggests that the park planned to delay maintenance until the park closed for the season.

When a safety feature was out of service, they decided to keep running it. That sounds like a director of operations decison.

And much easier case to prove than design deficiency.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by crazypyro on Monday March 26, 2018 @07:04PM (#16683502)
I think its likely that its an easier case to prove, but they are charging him with some things that take quite a high bar to prove.

For instance, the involuntary manslaughter charge is going to be hard to proof when the evidence that he was planning on going on the ride the same day is presented. They have to prove recklessness which includes proving the person knew their actions were likely to cause harm.

Also worth noting they are basically throwing the book at him with the number and severity of charges on the indictment.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by tzs on Monday March 26, 2018 @07:54PM (#16683857)
> For instance, the involuntary manslaughter charge is going to be hard to proof when the evidence that he was planning on going on the ride the same day is presented.

Often the safety of something for a particular person depends on their knowledge of the danger. For example there is a board that is failing on my deck. It is possible that it could give way leading to someone twisting their ankle or even breaking a bone. Yet I walk on my deck everyday--because I know to avoid stepping on that board until I get around to learning how to fix it and doing so.

Maybe he knew the places where it was more dangerous than well designed and built similar rides, and what to do or not do at those places to minimize the risk?

Re:Water Slide That Decapitated Boy Violated Basic Design St... by cma on Monday March 26, 2018 @08:18PM (#16684001)
> For instance, the involuntary manslaughter charge is going to be hard to proof when the evidence that he was planning on going on the ride the same day is presented. They have to prove recklessness which includes proving the person knew their actions were likely to cause harm.

Surf instructor sends novice who has never surfed before out to surf Teahupoo. In his defense, the instructor was planning on surfing it the same day.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by jessaustin on Monday March 26, 2018 @08:31PM (#16684083)
Can one develop expertise in riding dangerous amusement rides?
Re:Water Slide That Decapitated Boy Violated Basic Design St... by cma on Saturday March 31, 2018 @03:48AM (#16722271)
Yep, being aware that people with low body weight were more likely to report incidents could give you confidence to ride knowing you had high body weight.
Re:Water Slide That Decapitated Boy Violated Basic Design St... by jonhendry18 on Tuesday March 27, 2018 @01:42PM (#16690932)
"For instance, the involuntary manslaughter charge is going to be hard to proof when the evidence that he was planning on going on the ride the same day is presented. "

I'm pretty sure you can get involuntary manslaughter for driving recklessly, crashing your car, and killing your passenger. Or failing to maintain your car properly, crashing it due to an avoidable failure, and killing your passenger.

If I'm correct and you can get inv. manslaughter when you're in the same vehicle as the victim, it shouldn't be too hard to prove when the person was only planning to be in the ride later.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by AnimalMuppet on Monday March 26, 2018 @07:12PM (#16683577)
Running it with a broken safety feature isn't recklessness? I think it is. Also gross negligence.

(IANAL, though. Legal definitions of those words may not match my intuitive understanding of them...)

Re:Water Slide That Decapitated Boy Violated Basic Design St... by crazypyro on Monday March 26, 2018 @07:20PM (#16683624)
Disclaimer: This isn't legal advice.

The legal definition of recklessness requires that the person know (or should know) that the ride is dangerous. Legally, it is more difficult to prove when that person took actions that suggest they did not think it was dangerous.

To your point about broken safety features:

One could potentially even argue that the brake isn't a safety feature. It could be there to help riders that are scared of going too fast to more easily control their speed, simply for their own enjoyment. I don't think that use of the brake would be required under normal operations and therefore, it could be argued that the brake wasn't a safety feature. I personally don't think it makes sense that a "safety" feature is optional and relies on the rider, but I could be wrong. The designers were certainly negligent in other ways....

Not sure if that follows or if it makes any more sense to you, but legally, its a potential argument.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by Digory on Monday March 26, 2018 @09:43PM (#16684431)
AFAICT, the “brake” was a rough pad attached to the surface of the slide, designed to slow the raft as it crested a hill. It wasn’t a user-operable brake. See page 4 of the indictment.

[0] https://www.wycocourtks.org/uploads/4/4/1/2/4412070/2018-03-...

Re:Water Slide That Decapitated Boy Violated Basic Design St... by Maybestring on Monday March 26, 2018 @08:07PM (#16683932)
>I personally don't think it makes sense that a "safety" feature is optional and relies on the rider, but I could be wrong.

While in general safety features can require a competent user, e.g. the brakes in your car, in the case of amusement park rides that allow children that does indeed not make sense.

But... I would argue that this is just evidence of substandard design of the speed control system. There is ample evidence of a history of injuries due to excessive speed.

Re:Water Slide That Decapitated Boy Violated Basic Design St... by ams6110 on Monday March 26, 2018 @07:38PM (#16683753)
Prosecutors will often start with very serious charges, then lower them in exchange for cooperation against the people they are really after.
Re:Water Slide That Decapitated Boy Violated Basic Design St... by cryptonector on Tuesday March 27, 2018 @09:34AM (#16688142)
This is true, but I wish they did not overcharge to scare defendants into pleading guilty to lesser charges. Sometimes prosecutors go way overboard with this approach (think of Aaron Swartz). I don't see why the courts allow this practice.
Re:Water Slide That Decapitated Boy Violated Basic Design St... by jack_kc on Monday March 26, 2018 @07:01PM (#16683481)
One of the co-owners was arrested today.

http://fox4kc.com/2018/03/26/schlitterbahn-co-owner-arrested...

Edit: remove amp link

Re:Water Slide That Decapitated Boy Violated Basic Design St... by empath75 on Monday March 26, 2018 @06:49PM (#16683389)
The father of the kid that died is a state legislator and he got a huge settlement.
Re:Water Slide That Decapitated Boy Violated Basic Design St... by crazypyro on Monday March 26, 2018 @06:51PM (#16683413)
Right. They settled for ~20 million shortly after it happened. The Kansas attorney general also took over the investigation.

Still not understanding why the criminal indictment isn't for the designer or owner who are mentioned several times...

Re:Water Slide That Decapitated Boy Violated Basic Design St... by shock-value on Monday March 26, 2018 @07:00PM (#16683473)
One of them seems to have also been arrested: http://www.kansascity.com/news/article206886324.html
Re:Water Slide That Decapitated Boy Violated Basic Design St... by crazypyro on Monday March 26, 2018 @07:04PM (#16683513)
Thanks, I missed that this came out today. This is what I was expecting.
Re:Water Slide That Decapitated Boy Violated Basic Design St... by fezz on Monday March 26, 2018 @07:18PM (#16683615)
"Schlitterbahn co-owner Jeff Henry arrested in Texas on Verruckt-related charges"

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