KANSAS CITY, Kan. (AP) — Two Kansas water park maintenance workers were acquitted Thursday of impeding an investigation into the death of a 10-year-old boy who was decapitated while riding a waterslide in August 2016.
David Hughes and John Zalsman were charged with obstruction of justice in connection to the death of Caleb Schwab, who was killed on the Verruckt slide at the Schlitterbahn water park in Kansas City. The raft Caleb was riding in went airborne, slamming him into a metal pole. Two women on the raft also were injured.
Hughes and Zalsman were they are the first employees to stand trial in the case.
Prosecutors alleged the two men failed to replace a brake mat that fell off the slide two weeks earlier but told investigators that the mat had only been on the slide during testing phases. Video evidence showed that the mat was used after the ride opened to customers in 2014, prosecutors said.
“This was not a mistake, this was intentional calculated conduct,” said Adam Zentner, assistant Kansas Attorney General.
The Verruckt rafts made a 17-story drop at speeds of up to 70 mph (110 kilometers per hour), followed by a surge over the hump and a 50-foot (15-meter) descent to a finishing pool. Jurors were told the brake mat was supposed to slow the rafts as they reached the top of the hump.
The defense said prosecutors didn’t understand how the slide functioned and questioned the testimony of Jason Diaz, the Kansas Bureau of Investigation agent who interviewed the defendants. The defense also noted that another Schlitterbahn employee who made false statements to investigators wasn’t charged.
“These are just two good old boys, they’re hard working guys and because they’re the only two adults in the room they get singled out and have to get charged ,” said Scott Toth, defense attorney for Hughes, as he addressed jurors.
Diaz said he didn’t believe the other employee had intentionally misled him.
Schlitterbahn has said officials have no reason to believe any employee obstructed justice.
The most serious charges in Caleb’s death have been filed against one of Schlitterbahn’s owners, Jeff Henry, Verruckt designer John Schooley and general contractor Henry & Sons Constructions. Each is charged with second-degree murder, aggravated battery and aggravated endangerment of a child. Another employee is charged with involuntary manslaughter. They have all pleaded not guilty.
The slide, which was billed as the world’s tallest, was shut down after Caleb’s was killed.
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KANSAS CITY, Kan. (AP) — Jurors on Thursday began deliberating the case of two Kansas water park maintenance workers accused of impeding the investigation into the death of a 10-year-old boy who was decapitated on a waterslide in August 2016.
David Hughes and John Zalsman are charged with obstruction of justice.
Caleb Schwab was killed as he rode the Verruckt slide at the Schlitterbahn water park in Kansas City. The raft on which Caleb was riding went airborne as it went over a hump and slammed him into a metal pole that supported a net meant to keep riders from flying off the slide. Two women on the raft also were injured.
Prosecutors said Hughes and Zalsman failed to replace a brake mat that fell off the slide two weeks before Caleb was killed, then told investigators that the mat had only been on the slide during testing phases. Video evidence shows the mat was used after the ride opened to customers in 2014, prosecutors said.
“This was not a mistake, this was intentional calculated conduct,” said Adam Zentner, assistant Kansas Attorney General.
The Verruckt rafts made a 17-story drop at speeds of up to 70 mph (110 kilometers per hour), followed by a surge over the hump and a 50 foot (15 meter) descent to a finishing pool. Jurors were told the brake mat was supposed to slow the rafts as they reached the top of the hump.
The defense said prosecutors didn’t understand how the slide functioned and questioned the testimony of Jason Diaz, the Kansas Bureau of Investigation agent who interviewed the defendants. The defense also noted that another Schlitterbahn employee who made false statements to investigators wasn’t charged. Diaz said he didn’t believe the other employee had intentionally misled him.
“These are just two good old boys, they’re hard working guys and because they’re the only two adults in the room they get singled out and have to get charged,” said Scott Toth, defense attorney for Hughes, as he addressed jurors.
Schlitterbahn has said officials have no reason to believe any employee obstructed justice.
The most serious charges in Caleb’s death have been filed against one of Schlitterbahn’s owners, Jeff Henry, Verruckt designer John Schooley and general contractor Henry & Sons Constructions. Each is charged with second-degree murder, aggravated battery and aggravated endangerment of a child. Another employee is charged with involuntary manslaughter. They have all pleaded not guilty.
The slide, which was billed as the world’s tallest, was shut down after Caleb’s was killed.
KANSAS CITY, Kan. (AP) — Testimony has concluded in the trial of two maintenance workers at a Kansas water park who are accused of deliberately misleading investigators after a 10-year-old boy was decapitated on a waterslide.
Deliberations will begin Thursday after closing arguments are made in the case against David Hughes and John Zalsman. They’re charged with obstructing the investigation into the August 2016 death of Caleb Schwab at Schlitterbahn in Kansas City.
Prosecutors say they failed to replace a brake mat that fell off a raft two weeks before it went airborne, killing Caleb. The prosecution says the men then lied.
The defense says prosecutors don’t understand how the 17-story Verruckt waterslide functioned. The park’s co-owner and the ride’s designer have also been indicted in Caleb’s death.
Representatives of the U.S. pork industry say “we’ve got the momentum on trade headed in the right direction.” National Pork Producers Council President Jim Heimerl stated “pork producers are hurting because of retaliatory tariffs on pork,” but says their patience is starting to pay off. The comments followed the formal announcement that the U.S. is seeking new free trade agreements with the European Union, Japan and the United Kingdom. That announcement follows the recent completion of negotiations to update the North American Free Trade Agreement, now named the U.S.-Canada-Mexico Agreement, if approved. Between the USMCA, and the recently updated agreement with South Korea, NPPC points out that the administration has maintained the U.S. pork industry’s zero-tariff access to three of the top five destinations for U.S. pork exports. However, NPPC notes, that while the organization is open to trade negotiations with the United Kingdom, it is skeptical about EU intentions. Heimerl says “The EU has played the United States like a drum in the past,” adding that NPPC expects the U.S. to require the EU to eliminate all tariff and non-tariff barriers to U.S. pork.
The U.S. formally announced it will seek trade agreements with Japan, the European Union and the United Kingdom. U.S. Trade Representative Robert Lighthizer announced this week that the U.S. will seek to negotiate three separate trade agreements with Japan, the EU and the U.K. The European Union has downplayed the announcement, despite ongoing exploratory talks since this summer. The EU has previously stated that agriculture would not be negotiated in any free trade agreement with the United States. However, in the announcement, Lighthizer says he is committed to negotiating “with timely and substantive results for American workers, farmers, ranchers, and businesses.” The Trump administration intends to negotiate the trade agreements under Trade Promotion Authority, which allows for a simple yes or no approval by Congress, without amendments. U.S. goods and services trade with the EU totaled nearly $1.2 trillion in 2017, while trade with Japan totaled an estimated $283.6 billion in 2017.
Progress on the farm bill following the November midterm elections could be stalled even further, depending on the need for disaster relief stemming from Hurricane Michael. House Agriculture Committee ranking Democrat Collin Peterson this week speculated congress members from states impacted by the hurricane will pressure lawmakers to “either add something to the farm bill or appropriations,” according to Politico. Peterson says those efforts “could potentially give us more problems to solve than we already have.” The 2014 farm bill expired at the end of September and top ag lawmakers expected the new farm bill to be passed following the midterm elections. Those close to the negotiations continue to work on the farm bill, but the House and Senate are both on recess until after the elections, and conference committee members report little progress on all titles of the farm bill.