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Schlitterbahn indictments dismissed

Some good news for the company, following the worst thing that ever happened at a Schlitterbahn water park.

A Wyandotte County judge on Friday said that the Kansas Attorney General ‘irreparably tainted’ a grand jury with prejudicial evidence to obtain indictments against several Schlitterbahn employees and associates involved in the design, construction and operation of a water slide that killed a 10-year-old boy in 2016.

Judge Robert Burns dismissed indictments against three individuals and two corporate affiliates of Schlitterbahn, the company that built the 17-story Verruckt water slide in Kansas City, Kan., in 2014. It drew large crowds until Caleb Schwab, son of Kansas Secretary of State Scott Schwab, was killed by decapitation on the ride. The water slide, once billed as the world’s tallest, was torn down last year.

Burns sided with defense attorneys who argued that lawyers in Kansas Attorney General Derek Schmidt’s office showed a Wyandotte County grand jury evidence that would not have been admissible in trial — clips of reality television, misleading expert testimony and references to an unrelated death from years ago — that improperly influenced the grand jury in handing down criminal charges.

Taken all together, Burns found the grand jury had been abused to obtain indictments, which contained charges as serious as second-degree murder for two of the defendants.

“The court has grave doubts as to whether the irregularities and improprieties improperly influenced the grand jury and ultimately bolstered its decision to indict these defendants,” Burns said. “Quite simply, these defendants were not afforded the due process protections and fundamental fairness Kansas law requires.”

For now, Schlitterbahn co-owner Jeff Henry, Verruckt designer John Schooley and former Schlitterbahn operations manager Tyler Miles face no criminal charges in Caleb’s death. The Kansas Attorney General can seek criminal charges again, either through another grand jury, through a preliminary hearing or seek an appeal of Burns’ decision. Or they could just walk away from the case.

See here for the background, and here for a deeper dive. I still have very mixed feelings about all this, and if you keep reading the story you’ll see that the reasons for the dismissal were more technical and procedural than substantive. I don’t feel like the Schlitterbahn folks were exonerated in any way, just that maybe the Kansas AG didn’t do a good job. (To be fair, the story notes that a lot of people thought the indictments were problematic in the first place.) The Schlitterbahn settled a civil case related to Caleb Schwab’s death for $20 million, so it’s not like there were no consequences. I’m just still not ready to forgive and move on. Texas Monthly has more.

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