Transcript for Three men charged in waterslide death of 10-year-old boy
told us the day the ride open. It was dubbed the tallest water slide. 17 story free fall. Taller than the statue of liberty, riders reaching speeds up to 50 miles an hour and the name the amusement park company chose for it was verruckt which means insane. In 2016 that thrill ride came to a grisly and prosecutors say murderous stop when ten-year-old was decapitated going down the water slide. Two of the designers on Tuesday and ride's construction company has been charged on 18 counts including reckless second degree murder. Jeffrey Wayne Henry and John sully and Henry and sons construction company also charged injuring 13 others including 4 minors. And lsz indicted former director Tyler Austin miles and the water park on 20 counts including involuntary manslaughter. It's unusual for a company to get charged criminal and more unusual for the individuals who run the company or are responsible for the actions to be charged criminally. The indictment says the design of the ride guarantee the rafts could go air born in a manner that could severely injure or kill the occupants that's what happened in summer 2016 when Caleb Schwab was killed after his raft went air born. Two others suffered facial practice your. They call that insane. I was there when the ride first opens in 2014. Literally not for the faint of heart. It was deemed not for faint of heart. There were life guards. Safety checks. And on this day at least a park employee at the top of the ride reading a two page liability agreement. There's a risk inherent to the fall. Yet they knew the water slide was quote a seer youpsly dangerous piece of equipment yet opened it anyway. Should I be concerned they are still using jack hammers and saws on this ride. I have no idea what they're doing. But you're saying it is safe. Oh, yeah this ride is probably the safest speed slide ever been built. It's been tested, evaluated. Prosecutors say neither of those things were true, the indictment says warned executive S about break failures at least 29 timeouts and yet they were never fixed and rider where's getting hurt 6789 Nathan Campbell was a life guard at the park and employees like him would be asked to volunteer to test the rides. The brakes just didn't work and hit the end of the ride and flipped off. He was able to walk away. I never wanted to be close it to it, on it, work for it, I didn't even want to be close to it because that happened. Brittany Hawkings was celebrating her birthday when she too had a close call. You are speeding down this hill and can't get your balance. The raft went air born and I was flown up and my seatbelt came off. Brittany said she was terrified. We were going up that second hill and gravity again lifted the raft and I came crashing down on my back and couldn't move. I had three slipped discs in my back that still give me trouble today. He decided to build the fallest water slide for spur of the moment bid foreextreme water park series. Much the testing was done a year prior to the opening. Many of the challenges capture bid the show. Tipped over and kill every sand bag in there. Prototype of the slide even constructed in Texas rafts seen flying off the slide. How much over budget and how late. We were way over budget. According to a statement -- According to a statement -- - the indictment even going as far as claiming miles lied to investigators withholding daily safety reports that contained incriminating information when issues. His lawyer said he never delayed or covered up any incidents nor covered up on the day of the accident involving Schwab. You have to look at each of the defendants individually can't lump them together and say they will all get convicted or acquitted. They will all have a day in court. Compared to the rest of the country Kansas's laws are less stringent. At the time the state had no mandated laws that required an inspection at every set up or any ride safety analysis that should have been performed by an outside independent agency. But those regulations were beefed up after Caleb's death. Last year I spoke to his parents about that tragic day. I still can remember him sitting on the floor saying come on we're going to go to the park and he just lit up. He was so excited. That day the schwabbed piled their four boys including ten-year-old Caleb into the car and it was special August day because admission was free for families of state legislators like Scott. Six went to the park and five came back. Upon arriving the Schwab's say Caleb and big brother Nathan went right to the top of the 175 skafl old and took off. He said brothers stick together I know dad. It was the last time they would see him alive. Big brother was at the bottom waiting when the unimaginable happened. He was screaming. Nathan ran to tell his mother but was impossible to explain what he seen. There was a gentleman who wouldn't allow me to come close enough to see what was going on. He kept saying, trust me you don't want to go any further. On lookingers conferring the family's worst fears. I need to hear you say it, is my son dead, he shook his head and I said I need to hear it he said yes your son is dead. In a statement Monday Caleb's death was an unforeseeable accident and vowed to fight the allegations. Accident. But I think you and your attorneys believe that negligence caused it. Oh, yeah. It's an accident. But there's an accounting because someone was negligent. For "Nightline" I'm Matt Gutman. Thanks it's Matt and Jeffrey Henry in a jail in Texas pending extradition to Kansas.
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