78. The Verrückt (Schlitterbahn)

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Speaker 2 This episode of Swindled may contain graphic descriptions or audio recordings of disturbing events which may not be suitable for all audiences. Listener discretion is advised.

Speaker 3 And the Orlando Free Fall is a brand new ride at Icon Park. It just opened up at the end of December.
At 430 feet high, it is the world's tallest freestanding drop tower.

Speaker 3 It takes people slowly into the sky and then drops them at speeds of up to 75 miles per hour.

Speaker 1 At 1112 p.m. on Thursday, March 24th, 2022, emergency responders in Orange County, Florida, were dispatched to the Orlando Free Fall Amusement Ride at Icahn Park.
There had been a terrible accident.

Speaker 1 While the ride was in motion, witnesses described seeing a teenager fall out of a seat to the pavement hundreds of feet below.

Speaker 5 What is the name of the business, sir?

Speaker 6 Orlando Slingshot and Free Fall.

Speaker 5 Okay, number three. Yes.
Okay, tell me exactly what happened.

Speaker 5 Sir, tell me exactly what happened.

Speaker 6 The ride was going, and during the middle of the ride,

Speaker 6 the guy just came off.

Speaker 5 Okay, I have help on the way. Okay, is he awake?

Speaker 5 No,

Speaker 5 he's dead.

Speaker 6 He's dead.

Speaker 6 He's dead.

Speaker 1 At first, we thought it was a piece of the ride or whatever, until we got a little closer. And it was a person laying on the ground.
Montre Williams towed Fox 35.

Speaker 1 Everyone was just panicking and screaming. It was all captured on a cell phone video.

Speaker 1 Later that night, in St. Louis, Missouri, Yarnel Sampson stumbled across that video as it went viral on TikTok and Twitter.
The footage is horroring.

Speaker 1 He couldn't even imagine what that family was going through. It made Yarnel think about his own son, Tyree, who had traveled to Florida with a friend's family earlier that week for a football camp.

Speaker 1 At 14 years old, Tyree Simpson stood 6'5 inches tall and weighed over 300 pounds. A massive and natural athlete and an honor role student, had his head on straight.

Speaker 1 There was no doubt that Big Tick, as Tyree's friends called him, would go pro someday.

Speaker 1 Yarnel Sampson went to bed so proud of his boy. The next morning, he received the worst phone call of his life.

Speaker 8 Terrible story the search is on for answers after a 14-year-old boy fell to his death at a Florida amusement park. Late last night, Tyree Sampson fell from the free fall ride at Icon Park in Orlando.

Speaker 8 The teen who was visiting from Missouri with a friend's family died at the hospital. Park operators say they are saddened and devastated and they're cooperating with investigators.

Speaker 8 That ride is 430 feet tall and is built as the world's tallest freestanding drop tower.

Speaker 1 The Orlando free fall operation has been suspended indefinitely. while the investigation unfolds.

Speaker 1 The Slingshot Group, which owns the attraction, released a statement confirming that they were fully cooperating with the authorities and that they were heartbroken and devastated that something like this happened.

Speaker 1 Understandably, Tyree Sampson's family was also struggling with the news.

Speaker 9 Where do I go from here?

Speaker 1 Ain't no sleeping.

Speaker 1 Ain't no easy

Speaker 1 in the immediate days after the tragedy, Yarnel Sampson arranged to bring his son's body home to St. Louis.

Speaker 1 Tyree's mother, Nakia Dodd, also stricken with grief, planned a funeral and launched a GoFundMe to help cover the cost.

Speaker 1 Meanwhile, other family members remained on site at Icon Park in Orlando, where the freefall ride had transformed into a makeshift memorial for Tyree.

Speaker 10 Sandra!

Speaker 11 Shay Johnson walks along I-Drive with about two dozen people holding signs and megaphones.

Speaker 11 They want the Orlando Free Fall Ride shut down permanently after Shay's 14-year-old cousin, Tyree Sampson, was killed while riding it.

Speaker 3 And so you actually created a petition, correct?

Speaker 10 Yes, to get this ride taken down.

Speaker 12 They have around 4,500 signatures. And Shay, what are you going to do with those signatures after you collect, what, 5,000 you were telling me?

Speaker 10 Yes. I'm going to take them to the lawyer and I'm going to take it to

Speaker 10 City Hall.

Speaker 1 Tyree Sampson's cousin, Shay Johnson, spoke with multiple news outlets about what unfolded that night. Shea said Tyree called her from the park and asked for money.

Speaker 1 And she said that he told her he had been turned away from two other rides earlier due to his size.

Speaker 10 He said,

Speaker 10 I know you got all the money. Cousin, let me all have some money.
I said, I don't got no money. He said, yes, you do.
So I went back to my job and I got him some money and I brought it back out.

Speaker 10 And I said, what you finna do with it? He said, I want to get on the swing on International. I said, okay,

Speaker 10 ride it twice and ride it for me too.

Speaker 10 And he called me back about

Speaker 10 seven minutes later. He said,

Speaker 10 he said, I'm too big I can't ride so I said go try another one that's when he came to try the slee shot and he said they told him he was too big for that so he said well cousin it's another ride I'm gonna try it out I said okay

Speaker 10 and he called me he said they let me ride I can ride I can ride I said okay get on you know this would be my last time talking to him fly

Speaker 10 He just wanted to ride and have a good time.

Speaker 1 My cousin lost his life over this ride, Shay Johnson told Fox 35.

Speaker 1 I don't feel it's safe and feel it should be shut down before someone else's family have to go through what we are going through.

Speaker 1 Shay started collecting signatures on a petition to close the Orlando Free Fall permanently. She swore to stay on site from sunup to sundown until the ride was taken down.
I will be here.

Speaker 1 At a public memorial for Tyree Sampson at Icon Park, Shay Johnson gave a heart-wrenching eulogy for her cousin.

Speaker 10 This is hurting us.

Speaker 10 The hurfest thing I had to do

Speaker 10 was clean his blood up. They didn't even click.

Speaker 1 The next day, she was at a balloon release ceremony, remembering some of the good times.

Speaker 10 Me calling him fat boy and him calling me mini me because I was always shorter than him.

Speaker 10 And I think that's what I'm going to miss the moment.

Speaker 1 Shay Johnson showed up for Tyree every day. It was her duty.
She became the voice of a family that was hurting badly and needed to be heard.

Speaker 10 I have to have my voice heard. I'm doing it for my cousin.
He's not here for his voice to be heard, so I gotta be his voice. I gotta be his mom's voice.
I gotta be his dad's voice.

Speaker 10 I just gotta be the voice for my family.

Speaker 1 That voice was asking for justice.

Speaker 10 I want the owner to be a fault for this.

Speaker 11 I want the workers because they should have did their job.

Speaker 1 While the investigation to determine if someone was at fault for the accident has not concluded, the Florida Commissioner of Agriculture and Consumer Services has released the operations manual for the Orlando Freefall, Inspection Records, Training Schedules, and the Accident Report.

Speaker 1 The operation manual warns, quote, be careful when seeing if large guests fit into the seats. Check that they fit within the contours of the seat and the bracket fits properly.

Speaker 1 If this is not so, Do not let this person ride.

Speaker 1 Seems obvious enough, but in the video footage of the incident, it appears that Tyree's overhead harness does not fit properly.

Speaker 1 It comes to a stop on top of his belly, while harnesses for the other, smaller riders are locked between the legs.

Speaker 1 There was also a weight limit that seemed to have been ignored. According to the operations manual, that weight limit is 130 kilograms.
That's roughly 287 American pounds.

Speaker 1 Tyree Sampson weighed 340 plus. He never should have been allowed on that ride.

Speaker 1 There also appears to be a potential design flaw. According to the accident report, quote, free fall was coming down the tower.
When the magnets engaged, the patron came out of the seat.

Speaker 1 Harness was still in a down and locked position when the ride stopped. Independent ride safety experts have also pointed out that there were no seat belts in place as a last resort.

Speaker 1 In the video after the fall, you can hear the ride operators ask each other if they had checked Tyree's harness.

Speaker 1 One confirms he had, and it was locked. But obviously, Tyree Sampson had not been fully restrained, and Tyree knew it.

Speaker 1 According to the friend sitting next to Tyree on the ride, Tyree started panicking as the freefall made its initial ascent. He turned and said, I don't know, man.

Speaker 1 If I don't make it down, please tell my mom and daddy I love them.

Speaker 16 I'm also here today to reassure Tyree's family, friends, and all those impacted by this tragedy that we are fully committed to finding out what happened so we can better prevent such tragedies from happening in the future.

Speaker 16 And that's why we will not be jumping to any conclusions before the information is provided to us and we know all the facts.

Speaker 1 Nikki Fried, Florida's Agriculture Commissioner, promised a complete and thorough investigation into the death of Tyree Sampson.

Speaker 1 She announced that the agency hired a forensic engineering firm to help, but they would not be jumping to any conclusions. Results of that investigation are pending.

Speaker 14 We are not taking this lightly. We are going to do everything in our power, and including potentially increasing our power, to make sure that something like this never happens again.

Speaker 1 In response to the tragedy, Calls for a regulation overhaul at both the state and federal levels have grown louder. There's currently no federal oversight for fixed-site amusement park rides.

Speaker 1 The American Society for Testing and Materials issues industry guidelines, but it is up to the individual states to adopt and enforce them.

Speaker 1 It remains to be seen if Tyree Sampson's death will strengthen oversight in Florida or on a national level. In the meantime, other things are becoming clear.

Speaker 19 And in a strange twist here, we are now learning the woman who had been very outspoken about this whole thing, the woman who claimed to be Sampson's cousin, is not at all related to the family.

Speaker 19 We heard from Shay Johnson earlier this week.

Speaker 19 She claimed that she spoke with the teen the night of the fall, but the Orange County Sheriff's Office now says Samson's mother told detectives that she has no idea who this person is and she does not speak for their family.

Speaker 1 On April 1st, 2022, the Orlando Sentinel reported that the woman calling herself Shay Johnson was actually 32-year-old Louis Shana Browning. She was not related to Tyree Sampson.

Speaker 1 She did not know Tyree Sampson or his family. She never gave him money.
On the night of the fall, Louis Shana was at work.

Speaker 1 William Sear, her boss at Flash Dancers Orlando, told Spectrum News that Louis Shana, aka Candy Red, was dancing that night and the next night and never mentioned being related to Tyree.

Speaker 1 We were as surprised as anyone else, he told Spectrum. Again, her working Thursday and Friday, then Saturday we see it on the news.
We knew immediately it was fraudulent.

Speaker 1 For her to go on national TV and claim that she's related to someone just to better herself, it just crossed the line and I felt horrible for the family. Loishana Browning was fired.

Speaker 1 She disconnected her cell phone and someone tipped off the news who began digging into Loishana's past. They found a lengthy rap sheet comprised mostly of domestic abuse charges.

Speaker 1 vandalism, and driving without a license.

Speaker 1 It was also discovered that Loishana Browning was currently awaiting trial on felony arson and criminal mischief charges. She's accused of torching her ex-boyfriend's new girlfriend's car.

Speaker 1 On Lois Shana's phone, cops found photos of her in the hospital with burned legs and a Google search history that included the phrase, what is the best thing to set a car on fire? Lighter fluid, gas.

Speaker 1 This trial could last for weeks.

Speaker 1 The good news for Lois Shana Browning is that no charges have been filed against her related to her impersonation of Tyree Sampson's cousin.

Speaker 1 The Orange County Sheriff's Office says they have found no evidence that she broke the law.

Speaker 1 Other than a plan to print and sell t-shirts featuring Tyree's face, there doesn't even appear to be a financial motive. But that didn't mean other people weren't trying.

Speaker 20 Family members are also telling us that they have noticed some fake donation accounts online. They found a fake GoFundMe page pretending to collect money for funeral costs.

Speaker 20 The family says it is a scam.

Speaker 1 While simultaneously fending off the phonies, the family raised enough money to bury Tyree Sampson on April 2nd, 2022.

Speaker 1 The majority of the expenses were covered by popular Jacksonville-based rapper YK Osiris. YK donated $15,000 to the official GoFundMe and posted a screenshot for the world to see.

Speaker 1 But after the funeral, Tyree Sampson's brother, J-Rock, called YK out publicly. YK Osiri, or whatever dude name is, canceled.
Used Lil Bro for pure clout, a Facebook post read.

Speaker 1 Didn't pay a dime, but told the world otherwise. Even posted a fake screenshot of a GoFundMe donation.
Stop pretending you about giving back to the community, just to get your sales up. Lame as hell.

Speaker 1 I'm not even going to argue about it, J-Rock wrote on another post that included a screenshot showing a list of donations. Top donation, $500, as shown.
We didn't ask. Osiris volunteered.

Speaker 1 Stop lying to these people. You used my bro for clout.
That's that.

Speaker 21 And the pain behind it could never be taken away. And sorry is not going to take it back.

Speaker 21 And no monies, no nothing in the world to replace that young man.

Speaker 13 And

Speaker 13 it's just sad.

Speaker 21 It's sad if a young man's bright future been taken away from him

Speaker 21 over a ride or amusement park.

Speaker 1 Both of Tyree's parents have retained lawyers. Nakia Dodd is represented by Bob Hillard out of Texas.

Speaker 1 Yarnell Sampson hired Ben Crump, the Tallahassee-based attorney best known for representing the families of Breonna Taylor, Michael Brown, and George Floyd.

Speaker 1 Crump has said that Tyree's death was completely preventable, and that, quote, other than George Floyd's tragic torture video, I think this is the worst tragedy captured on video that I've ever seen.

Speaker 22 Tragedy captured on video that I've ever seen.

Speaker 1 There's still much to be determined with potential criminal and civil charges pending. But one thing is for sure.
Injuries and fatalities at amusement parks will continue to happen.

Speaker 1 All it takes is one wrong move. Less than three weeks after Tyree Sampson's fall, a ride operator at the Clay County Fair in Florida was injured when he became trapped under the bottom of a machine.

Speaker 1 while retrieving a lost hat.

Speaker 15 This video has been surfacing all over the web. You can see a man struggling to get out of the plates from the bottom of the ride at the Clay County Fair and others trying to help him get out.

Speaker 15 The man in the video is 28-year-old Devontae Lee.

Speaker 1 Thankfully, he survived. That same day, a four-year-old child in Australia was left unharnessed in a freefall ride.

Speaker 23 A popular thrill ride at the Royal Easter Show has been shut down after it got underway with a four-year-old boy not strapped in.

Speaker 1 Luckily, he was okay.

Speaker 1 Both of those incidents are still under investigation. Both are trying to answer that familiar question.
Who's at fault? Is the designer, the operator, or the regulator to blame? Was it negligence?

Speaker 1 Was it gross? Is it manslaughter? Is it murder? Maybe it's the owner's fault for even building that stupid ride in the first place.

Speaker 1 But as many have argued, isn't there an inherent risk one accepts by entertaining themselves with such such delights?

Speaker 1 Lord knows one never feels more alive than after being in the grips of heavy machinery operated by a teenaged carnie. We're all forever chasing that high.

Speaker 1 But it's over before you know it. Back to where we started.
Dismount in an orderly fashion, please. Let the next group in line taste the thrill.

Speaker 1 We know accidents happen, but could it have been avoided? And if so, since it wasn't, does that constitute a crime?

Speaker 1 For instance, what if engineers ignored warning signs in their quest to build the biggest, tallest, fastest water slide in the world? Should they shoulder the blame if something goes terribly wrong?

Speaker 1 What if those engineers were not even really engineers at all, and then someone dies?

Speaker 1 An inevitable tragedy at a theme park in Kansas City leads to questions of culpability, accountability, and responsibility on this episode of Swindled.

Speaker 24 They bribed government officials to find

Speaker 24 clear violations of

Speaker 24 state law

Speaker 24 pay to plague and some taxpayer dollars that were wasted

Speaker 24 tens of millions of dollars

Speaker 24 dummied up its books and records into high water

Speaker 1 responsible for the collapse of the entire system in the soul of some god of swindler

Speaker 1 support for swindled comes from simply safe if you could actually stop someone someone from breaking into your home before they got inside, why wouldn't you want to?

Speaker 1 That's the idea behind Simply Safe. Real security that can stop a crime before it starts.
Traditional systems wait until it's too late, but SimplySafe's active guard outdoor protection is proactive.

Speaker 1 Their AI-powered cameras detect suspicious activity and real live agents step in. They actually talk to potential intruders while they're still outside.

Speaker 1 trigger sirens, flash spotlights, and let them know the police are on the way. It's wild to watch.

Speaker 1 I've used SimplySafe for years and I trust it to protect everything that matters to me, even when I'm not home.

Speaker 1 It's reliable, simple, and honestly, kind of satisfying to know someone else is watching when I can't.

Speaker 1 Our listeners get exclusive early access to SimplySafe's Black Friday cell where you can save 60% on any new system. This is their biggest deal of the year.

Speaker 1 There will never be a better time to get real security for your home. Go to simply safe.com/slash swindled.
That's simply safe.com/slash swindled to save 60%

Speaker 1 on any new system.

Speaker 7 Do you remember the best times we ever had? They always happen in the summertime.

Speaker 7 When we also dive into these sunny days, we can laugh, we can pray, we can make lots of memories. Schmidterbach,

Speaker 7 way-oh,

Speaker 7 it's the hottest, coolest time in

Speaker 1 Schlitterbon is widely considered the gold standard of water parks.

Speaker 1 Initially conceived in 1966 as a campground resort with a single water slide, the family-owned park in New Brunfels, Texas, has won Amusement Today's Golden Ticket Award for Best Water Park 23 years in a row and has expanded to five different locations.

Speaker 1 Much of Schlitterbon's success can be attributed to one man's consistent innovation, Jeff Henry. People call him the Wizard of Wet, Lord of the Slides, the Aquatic Walt Disney.

Speaker 1 Jeff Henry is the son of Schlitterbon founder Bob Henry. Jeff and his two siblings took over the park when his parents retired in 1989.
Gary, his brother, focused on operations.

Speaker 1 His sister Jana handled the retail side of the business, and Jeff Henry designed the rides. He was a visionary.
Uphill water slides, lazy rivers, landlocked surfing.

Speaker 1 Jeff Henry's designs revolutionized the water park industry. He took great pride in his work.
There was no patience for a second place.

Speaker 1 That bravado was on full display at a water park trade show in October 2012.

Speaker 1 Jeff Henry and his longtime collaborator John Schooley had an impromptu encounter with a couple of of executives from the Travel Channel.

Speaker 1 The TV guys told Jeff about a new show they were working on called Extreme Water Parks.

Speaker 1 So, according to Jeff, who told this story to Grantland, he asked the Travel Channel guys what it would take to make him the number one feature on the show.

Speaker 1 They told him building the biggest, tallest, or fastest would do it. So, that's what Jeff Henry told them he was doing, even though it didn't exist.
yet.

Speaker 22 I always set out to break all the records.

Speaker 22 I want to be the first at the bar to buy a drink and I want to be the first to meet a pretty girl and I want to be the first at everything and I want to have the biggest, the tallest, and the fastest rides in my parks.

Speaker 22 The next one I build is going to be twice as big and then the one after that is going to be even bigger than that.

Speaker 1 All right, calm down, Jeff. Let's play it cool.
You still have to sell this obnoxious idea to your family of co-owners and financiers, remember? You might want to clean up the drool a bit.

Speaker 1 It was an easy pitch. Jeff would build the new record-breaking water slide that Schlitterbons recently opened fledgling park in Kansas City, Kansas.

Speaker 1 The Travel Channel show was offering to provide free promotion. They could probably get the Guinness Book of World Records involved.

Speaker 1 It would completely renew interest in the Kansas City park, which, at one time, had stirred up quite a frenzy.

Speaker 27 That's what you're going to see is people will come to Kansas, the Kansas City area, quite frankly, and instead of staying one or two days, we're going to see them stay maybe for a week.

Speaker 1 Everyone agreed that building the world's tallest and fastest water slide was a good idea. Schlitterbon publicly announced the new ride on November 14th, 2012.

Speaker 28 This ride is going to be the tallest, the fastest,

Speaker 22 the first of its kind ever built.

Speaker 28 It's going to be wickedly fast.

Speaker 22 It's going to be wickedly dangerous.

Speaker 28 The first people down this thing are going to be terrified for sure.

Speaker 22 Not just the tallest, not just the biggest, not just the fastest, but the coolest. I'm doing something that's never been done before.

Speaker 1 Schlitterbahn said that this new extreme, yet-to-be-named water slide would be open to the public by summer 2013. They promised it would break the current world records for speed and height.

Speaker 1 Our greatest challenge will be to find thrill seekers brave enough to ride, Jeff Henry told Engineering.com.

Speaker 1 Jeff was boisterous as always, but everybody involved knew it wouldn't be easy. This is Jeff's collaborator, John Scoli, talking about what their crew was up against.

Speaker 29 It's like a roller coaster, but but it's more complicated on a roller coaster because you have water involved and it's hard to exactly, it's much harder to quantify what the water effects are than what just rollers on rails are for a regular roller coaster.

Speaker 29 So this is very challenging.

Speaker 1 The summer of 2013 came and went, and the world's tallest water slide was nothing more than a half-scale model at a warehouse in Texas.

Speaker 1 Once construction began on the full-scale version in Kansas City, weather delays delays and miscalculations continued to slow the project down.

Speaker 1 A little behind schedule, but the excitement persisted, courtesy of some new details about the ride that emerged by the end of the year.

Speaker 15 A water slide that is an inch taller than Niagara Falls could soon open in Kansas City, and they call it the Ver Root, German for insane. The 168-foot tall slide is the tallest in the world.

Speaker 15 You slide down a raft that could reach speeds up to 50 miles an hour.

Speaker 30 You're on a raft.

Speaker 15 It's not even open to the public yet because there are safety concerns. The engineers are still testing it.

Speaker 1 Engineers were still testing the Varucht, and the Verucht was still testing them. The crew built and rebuilt the slide probably a dozen times over two years.

Speaker 1 Every raft they sent down went airborne on the second hill and crashed to the ground. Fortunately, only sandbags were the passengers on those early tests.

Speaker 1 The travel channel was there to document it all.

Speaker 22 Look at this ridiculousness going on.

Speaker 31 Money going down the drain.

Speaker 31 Frustration isn't the right word.

Speaker 22 Now I'm getting pissed off.

Speaker 31 I need a beer.

Speaker 1 After months of failed tests, Jeff Henry decided to tear down much of what had been built to redesign it himself.

Speaker 1 He used a hand-drawn sketch as a blueprint since none of the previous math and calculations had worked.

Speaker 22 My partner John sometimes is an idiot, and he messed up the engineering.

Speaker 13 Now we went back and rebuilt it my way.

Speaker 1 30 months and $3.6 million later, the Varut was finally unveiled. It stood a towering 168 feet and 7 inches, taller than Niagara Falls.
taller than the Statue of Liberty.

Speaker 1 Riders would have to climb 264 stairs to get to the top. Jeff Henry and John Schooley volunteered to be the first to do so.
Jeff said he wore his cowboy boots just in case he died.

Speaker 32 The ride was pure terror.

Speaker 28 That was the best ride I ever been on.

Speaker 13 I know, me too.

Speaker 32 That was truly exciting because we really didn't know whether we were going to survive it or not. Usually on a ride, it might be scary, but you figure that, you know, they have it figured out.

Speaker 32 And we didn't know whether we had it figured out or not.

Speaker 1 Neither Jeff nor John was injured or killed. The slide worked for the most part.
Quick, someone called Guinness. Someone called the governor.
Get the mayor on the line. They need to know.

Speaker 1 Schlitterbon is putting Kansas City, Kansas on the fun map.

Speaker 33 It is insane. And that's actually what it's called.
It's called Verucht, which is

Speaker 33 German for insane.

Speaker 33 And today, the governor of Kansas, Sam Brownback, the mayor of KCK, Mark Holland, officials from the Guinness Book of World Records will all be here to officially measure this water slide and submit it for the World Records.

Speaker 34 Today, I can confirm that the official measurement for Verucht is 168 feet 7 inches, which is a new Guinness World Records achievement.

Speaker 1 It was Jeff Henry's crowning achievement. On April 25th, 2014, The Verucht officially became the world's tallest water slide.
This is an erotic piece of art, Henry told Grantland about the Verucht.

Speaker 1 It's gorgeous. It's just a beautiful shape.
It's grander curves, grander valances, steeper drops. Everything is just really, really, really sexy.

Speaker 1 It's hard to imagine, but Jeff Henry wasn't entirely satisfied with its creation. More specifically, Jeff Henry wasn't happy that the rafts were still flying off the slide on occasion during the test.

Speaker 1 So, after the record-setting event, Henry and Scully dismantled two-thirds of the slide to adjust the angle of the second hill.

Speaker 1 Aerial photos of the deconstruction leaked to the media, so Henry began making adjustments at night. He was like a mad scientist who couldn't rest until his monster came alive.

Speaker 22 I'm going to prove to everybody when we finish this on time and everybody sees it running and sees it working that I'm not crazy.

Speaker 1 He added squeeze zones to slow down the rafts. He adjusted the power of the water cannons to ease the velocity.
And he added netting on top of the slide, just in case the raft catches air.

Speaker 1 But all that tinkering was wasting valuable time. Varouk's opening was delayed again and again, from May 23rd, 2014 to June 29th.

Speaker 1 It wouldn't be ready for the park's season opener, but it would be operational by the time the Travel Channel's one-hour special about the construction of the Varucht was set to debut.

Speaker 1 But then, the conveyor belt that hoists the rafts to the top malfunctioned. Varouk's opening was delayed again until early July.

Speaker 17 Despite this being the ride's third delay to open, most visitors here at Schlitterbon plan to return for the ride. Derek Potts just caught the end of a test run.

Speaker 17 The raft slowly made it over the final hill.

Speaker 1 They have a little net over the top, so it looks like they'll catch you if you fly off of it.

Speaker 17 Good enough for him to let his 10-year-old daughter take the drop come opening day.

Speaker 1 Others said, No, thanks. All the delays and retesting were ringing too many alarms.

Speaker 35 Are you gonna go on that water slide?

Speaker 10 No.

Speaker 36 Why not?

Speaker 3 It's too scary.

Speaker 1 But Varoukt's creator insisted that it was safe. It's been tested.
It's been evaluated.

Speaker 27 But you're saying it is safe.

Speaker 37 Oh yeah, this ride is probably the safest speed slide that's ever been built.

Speaker 1 On July 10th, 2014, that Varucht opened to the public. National media outlets descended upon Schlitterbonn in Kansas City to send their lowest-ranked correspondent down the slide with a camera.

Speaker 38 Next tonight, a kind of daredevil race underway at America's big theme parks. Bigger, faster, scarier new rides.
And tomorrow, the world's tallest water slide opens, higher than the Statue of Liberty.

Speaker 36 Delays, the world's tallest water slide is set to open. The 168-foot tall slide is in Kansas City, and it opens tomorrow.
That's taller than both Niagara Falls and the Statue of Liberty.

Speaker 36 The slide plummets riders at up to 70 miles an hour on four-person rafts.

Speaker 1 Three-person rafts, actually. That's one of the adjustments made by Jeff Henry and the designers.
The raft set three people with a combined required weight of between 400 and 550 pounds.

Speaker 1 Riders would be required to weigh in at the bottom of the stairs and again at the top platform just before launch.

Speaker 1 Then, if the math works out, Riders would be fastened to their seats with Velcro straps and sent over the edge of a 17-story, near-vertical vertical drop before being launched up a second massive hill followed by another 50 foot fall.

Speaker 22 It's just like a roller coaster. Your stomach drops out, you get that rush, and this one you just kept going and going.

Speaker 37 You're just kind of airborne for a second and then

Speaker 37 just a rush, I guess.

Speaker 39 The second hump right there is even scarier than the first one.

Speaker 39 You're going down and you think it's all over.

Speaker 40 It ain't over.

Speaker 35 Once you're strapped down, it's kind of just hang on for dear life. You can't look down.

Speaker 35 It's literally they open the the gate and you're like, oh, and then the raft drops and you can't see anything but netting and sky.

Speaker 33 The drop, you feel like you're off the ground for like 10 seconds. Right.

Speaker 41 And you're hanging on for dear life.

Speaker 17 I would probably do it again. It was maybe the most intense 25 or so seconds of my life.

Speaker 1 Yeah, yeah, that's what they all say. But the critics agreed.
Schlitterbon, Kansas City's Verut was sensational.

Speaker 1 The Giant Slide took home the award for Best New Water Park Ride at the 2014 Golden Ticket Awards with 59% of the vote.

Speaker 1 It was so popular that the park implemented a reservation system to manage the crowds. But two years after Verucht opened, something horrible would happen.
Something unimaginable.

Speaker 1 Something inevitable that would drown out any joy the world's tallest water slide may have brought to this world.

Speaker 7 We can go where the rivers connect us. We can go where the current takes us.

Speaker 7 Always the hottest, coolest time. Let's go to Swan and Bar.

Speaker 7 Every time we go, we have the best time. Splashing laying in the sunshine.
Surf and slide and laugh and play.

Speaker 7 We can stay here all day. Go where the rivers connect us.
We can go where the current connectors.

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Speaker 9 And I was looking at possibly taking another job. My wife was at possibly looking at another job.
We both had job interviews that week. And we were talking about it as we were leaving the house.

Speaker 9 I remember grabbing the keys off the hook. I said, honey, our lives are fixing to change.

Speaker 1 Sunday, August 7th, 2016 was Elected Officials Day at Schlitterbon in Kansas City. That meant free admission for State Representative Scott Schwab and his family.

Speaker 1 After church, Scott and his wife Michelle watched their four boys light up when they were told what was in store for the rest of the day.

Speaker 1 The morning cloud cover had dissipated by the time the Schwab family arrived at the water park. It was about 78 degrees and sunny.
You couldn't ask for a better afternoon.

Speaker 1 Once inside, the two oldest sons, 12-year-old Nathan and 10-year-old Caleb, made a beeline for Varucht.

Speaker 1 Before they took off, I said, brothers, stick together.

Speaker 9 And he says, I know it, head.

Speaker 1 The brothers stuck together until they couldn't.

Speaker 1 The scale at the bottom of the world's tallest water slide demanded they would need a third, 300-plus-pound passenger in order to meet the minimum weight restriction.

Speaker 1 Instead, Nathan and Caleb were split up. They were permitted to ride the Varucht separately, with two unfamiliar adults seated behind them.
Nathan's crew launched first.

Speaker 1 The Varucht performed as advertised. 30 exhilarating seconds later, 12-year-old Nathan Schwab was back on dry land, waiting for his little brother to fly down the chute.

Speaker 1 That's when he heard a sickening thud. Nathan watched Caleb's raft go airborne over the second hill.

Speaker 1 The 10-year-old's head slammed into the round metal support beams of the safety netting at 65 miles per hour. The impact ripped Caleb's head off his shoulders, striking the passengers behind him.

Speaker 1 One woman had a broken jaw. The other suffered a fractured orbital.

Speaker 42 We saw his friend screaming and crying about it. His friend was screaming for help.
And then I think that's when staff members and medics and stuff started running.

Speaker 1 Nathan Schwab ran to retrieve his parents, who were camped out with their two youngest children. Nathan tried to explain what happened, but words were difficult to muster.
He fell from Verucht.

Speaker 1 He fell from Verucht, the 12-year-old repeated.

Speaker 43 There was a gentleman who wouldn't allow me to come close enough to see what was going on.

Speaker 44 And

Speaker 43 he just kept saying, no, trust me, you don't want to go any further.

Speaker 1 As Scott and Michelle Schwab approached the giant water slide, the gravity of the situation began to reveal itself. They were in complete and utter shock.

Speaker 9 I said, I just need to hear you say it. Is my son dead? And he just shook his head.
And I said, I need to hear it from you. Is he dead? He says, yes, your son is dead.

Speaker 16 New tonight, a tragic death at a water park in Kansas. Tragic accident at a popular water park.

Speaker 30 A young boy died while riding the Verucked water slide at Schlitterbaum Park in Kansas City, Kansas.

Speaker 28 It's a shocking story for families across the nation.

Speaker 40 But we can confirm that the young boy is Caleb Schwab of Olatha. The family pastor says the boy is 10 years old and the son of Kansas State Representative Scott Schwab.

Speaker 40 It was elected officials day here at the water park, a day that went terribly wrong on the world's tallest water slide.

Speaker 42 I saw most of what happened. I didn't see all of it, but I heard the noise.
And I looked over immediately and I saw his broken neck and him sliding down the slide, leaving a blood trail.

Speaker 1 We are saddened to share that a 10-year-old boy died on Beirut this afternoon, Schlitterbon said in a statement.

Speaker 1 Given that safety is our first priority, we have closed the Kansas City Park today and Monday, and have closed the ride pending a full investigation.

Speaker 1 Our thoughts and prayers are with the family during this difficult time.

Speaker 1 Schlitterbon's corporate communications director also held a press conference, but did not have much information to share.

Speaker 1 Why is it that you don't have any information about the pressure?

Speaker 45 I have this information for you that I've shared.

Speaker 45 We don't have any other information of this kind.

Speaker 45 And I understand a full investigation is underway.

Speaker 45 Right now, our focus is on that family.

Speaker 45 And I understand

Speaker 7 the feeling that we want a lot of information right now, and we will get that information and find out more.

Speaker 1 That evening, the Schwab family released a statement of their own:

Speaker 1 Michelle and I want to thank the Olathe and Kansas City, Kansas communities, and all of our friends and family for their outpouring of support and compassion as it relates to the sudden loss of our son Caleb Thomas Schwab.

Speaker 1 Since the day he was born, he brought abundant joy to our family and all those he came in contact with.

Speaker 1 As we try to mend our home with him no longer with us, we are comforted, knowing he believed in our Savior Jesus, and they are forever together now. We will see him another day.

Speaker 1 Your continued prayers are welcome and appreciated. We appreciate your understanding of our family's need for privacy during this difficult time of grieving.

Speaker 1 Schlitterbon, Kansas City reopened less than 72 hours later. The Verucht was understandably out of order.
A lengthy and thorough investigation was already underway.

Speaker 4 Now we're learning more about that horrific water slide accident that killed a 10-year-old boy in Kansas.

Speaker 27 According to a person familiar with the investigation, Caleb Schwab, the kid, was decapitated.

Speaker 27 The son of a Kansas state lawmaker died Sunday while riding the Verucht ride at the Schlitzerbon Water Park in Kansas City. The two adults who were in the raft with him suffered facial injuries.

Speaker 27 Since the accident, at least two people who've ridden on the water slide have come forward saying their shoulder straps snapped or popped off while they were on the ride.

Speaker 27 Now, the exact cause of Sunday's accident, though, is still under investigation.

Speaker 1 A few months after the accident, on November 22nd, 2016, Schlitterbon announced that it planned to remove Varucht from the the Kansas City Park.

Speaker 1 In a statement, the company wrote, All of us at Schlitterbon have been heartbroken over the tragedy that occurred on Verucht.

Speaker 1 In our 50 years of providing an environment for families and friends together, we've never experienced this kind of devastating event.

Speaker 1 Once the investigation is concluded and we are given permission by the court, Verucht will be decommissioned, closed permanently, and the slide removed from the tower.

Speaker 1 In our opinion, it is the only proper course of action following this tragedy. We will, at some point in the future, announce what will be built in its place.

Speaker 1 As we move forward, we assure everyone who works for us and the community.

Speaker 1 We remain wholly committed to our Kansas City Park and the original vision of Schlitterbon, providing a great place to work and an environment for families and friends together, together.

Speaker 1 The Schwab family sued Schlitterbon and related parties. In January 2017, the company settled with the family for a reported $20 million.

Speaker 1 Scott Schwab announced that part of the money would be used to start a foundation in Caleb's honor. It's called Can I Go Play? That was Caleb's favorite question.
He was a sports fanatic.

Speaker 1 The foundation provides scholarships for club sports for those unable to pay.

Speaker 1 In February 2017, the Schwab family broke their silence for the first time since the tragedy.

Speaker 1 Scott told Good Morning America, quote, We have a box of greeting cards from around the world, and we just want people to know we're grateful.

Speaker 1 And yeah, we're still hurting, but we're going to be okay.

Speaker 1 Later that year, in April 2017, Kansas passed a new law spearheaded by Representative Scott Schwab that strengthened amusement park regulations in the state.

Speaker 1 If signed into law by Governor Brownback, the new legislation would require amusement park rides to be inspected by experienced outside engineers.

Speaker 1 Previously in Kansas and many other states, amusement parks were allowed to inspect their own rides privately.

Speaker 9 And I love every one of you and I thank you for everything you have done for our family. But this bill is really not about Caleb.
I think we understand that.

Speaker 9 It's for the next kid that goes someplace in Kansas for a fun weekend. So on their behalf,

Speaker 9 I want to thank you because on September 7th, a month after the incident, when our inspectors went to the park, I wanted wanted to meet the team. So I went back to the park to meet our team.

Speaker 9 And I had to rewalk Nathan's steps and my steps and my wife's steps because my imagination was way worse than reality.

Speaker 9 It was surreal.

Speaker 9 But the boom

Speaker 9 we had to use for our inspectors to look at needed a permit at a slide that didn't.

Speaker 9 So this is a good measure. And for those of you who have consternation with the expansion of government,

Speaker 9 sometimes you just need some because even John Adams expanded government when he created the U.S. Navy.

Speaker 1 Governor Brownbach signed the bill on April 24th, 2017. That same month, Schlitterbahn also settled claims with the two sisters injured on Farouk for an undisclosed amount.

Speaker 1 And with that, the civil complaints were behind the company. But the criminal investigation lingered on without an end in sight.

Speaker 9 It's an accident, but there's an accounting

Speaker 9 because someone was negligent.

Speaker 40 Back in 2014, the Varuck water slide at a water park in Kansas was billed as the tallest in the world.

Speaker 30 The ride was shut down two years later after the death of a 10-year-old boy, and now comes the first criminal charges lodged against the Schlitterbahn Water Park and Tyler Austin Miles, a former executive.

Speaker 1 On March 19, 2018, a grand jury in Wyandotte County, Kansas convened to review evidence in the 2016 death of Caleb Thomas Schwab.

Speaker 1 Four days later, a criminal indictment was unsealed, charging the Schlitterbon Corporation and the 29-year-old operations manager of the Kansas City Park, Tyler Austin Miles, with 20 felony counts, including involuntary manslaughter.

Speaker 1 The indictment alleges that a fatal accident was a foreseeable and expected outcome. Mr.
Miles had avoided or delayed repairing Veroukt's severe maintenance issues.

Speaker 1 Punctures in the rafts were patched with duct tape.

Speaker 1 The hook and loop Velcro seat restraints were allowed to erode so severely that they routinely tore loose during rides, as corroborated by multiple witnesses.

Speaker 1 And the Verucht's braking system was on the verge of failing. Tyler Miles, the man responsible for ordering the repairs, ignored most of those reports.

Speaker 1 The indictment also alleges that Tyler Miles and other Schlerbahn staff were aware of ongoing issues with Raft B, the raft that Caleb Schwab boarded on August 7th, 2016.

Speaker 1 Raft B was notorious for going airborne, but it was rarely taken out of circulation. There were 17 separate staff reports voicing concern about the defective raft during the summer of 2015 and 2016.

Speaker 1 There were five reports about Raft B during the week that Caleb Schwab was killed. According to the indictment, Tyler Miles ignored them all.

Speaker 1 As a result, investigators discovered that before Caleb's death, at least 13 other Varucht riders had suffered injuries ranging from broken toes and lacerations to concussions and slipped discs.

Speaker 1 In June 2016, about a month and a half before Caleb's death, a man named J.J. Groves rode the world's tallest water slide with his wife and son.

Speaker 1 Their raft, like Caleb's and many others, went airborne on the second hill, causing Mr. Groves' face and forehead to collide with the overhead hoop and netting.

Speaker 1 The lifeguard waiting in the runout pool below commented that the raft had gone down the slide way too fast. J.J.

Speaker 1 Groves did not suffer any significant injuries, but his eye was swollen shut for the rest of the day.

Speaker 1 According to the indictment, an incident report was filed, but ultimately ultimately destroyed by Tyler Miles, who then forced lifeguards to write coached statements that omitted any detail of how the injury occurred.

Speaker 1 Investigators only learned about Verut's pervasive maintenance issues and injuries after a 17-year-old lifeguard came forward with details of a cover-up.

Speaker 1 Miles, who appeared cooperative during the early stages of the investigation, did not turn over the reports to detectives.

Speaker 1 In fact, Miles loaded the documents into his car and drove them from Kansas City to Texas. When investigators asked Tyler Miles if he was aware of any previous injuries related to Varucht, he said no.

Speaker 1 In addition to the manslaughter charge, Tyler Austin Miles was charged with two counts of interference with law enforcement for not being forthcoming with the documents or the truth.

Speaker 1 Authorities said that the investigation had been delayed for six months as a result of the operation manager's actions.

Speaker 1 Tyler Austin Miles was also charged with multiple counts of aggravated battery and aggravated endangering a child for the past injuries that occurred on the Varucht under his watch.

Speaker 1 As the operations manager, Miles had failed to address the almost daily reports that something was very wrong with the slide.

Speaker 1 Authorities alleged that most, if not all, of the injuries could have been avoided had Tyler Austin Miles done his job.

Speaker 1 The indictment read, Evidence in the form of corporate emails, memoranda, blueprints, video recordings, photographs, and eyewitness statements revealed that this child's death and the rapidly growing list of injuries were foreseeable and expected outcomes.

Speaker 1 Verouk's designers and operators knew that Verucht posed a substantial and unjustifiable risk of death or severe bodily harm.

Speaker 1 Schlitterbahn begged to differ.

Speaker 1 The company, which had also been named in the indictment, released a statement saying how they were, quote, deeply disappointed to learn that any individual was being personally charged for the terrible accident on Verut.

Speaker 1 The company added, Our review of the facts and circumstances of the accident has never shown any evidence of criminal conduct on the part of anyone.

Speaker 1 Throughout his employment with us, our operations director, Tyler, demonstrated the highest dedication to safety, from the training of our lifeguards and ride operators to ensuring all rides have operated in accordance with our strict protocols.

Speaker 1 He was conscientious and committed to providing visitors to the water park a safe and enjoyable experience. Tyler left us in September to accept a great opportunity.

Speaker 1 We were sorry to see him go and wished him well. We stand by him and are shocked by these allegations.

Speaker 1 Tyler Miles turned himself in and pleaded not guilty to all of the charges.

Speaker 1 His attorneys said the charges alleging their client avoided or delayed repairs and covered up similar incidents were not true.

Speaker 1 Quote, not only had Tyler ridden the slide numerous times, times, but as the state is aware, he had scheduled his wife to ride it on the day of the accident.

Speaker 1 These are not the actions of someone who believed the ride to be dangerous.

Speaker 1 The grand jury disagreed, and they had more charges coming down the pipe. In reality, Schlitterbon should have seen it coming.

Speaker 1 Everybody knows that the first drop is scary, but it's the second one that really makes you shake.

Speaker 44 It's the latest in a string of charges this week tied to the death of 10-year-old Caleb Schwab at Schlitterbon Water Park.

Speaker 44 The newest charges are against ride designer John Schuley, Schlitterbon co-owner Jeff Henry, and Henry's construction company.

Speaker 44 Each is charged with battery, child endangerment, and second-degree murder.

Speaker 1 On March 27th, 2018, the Kansas Attorney General unsealed a new indictment charging Schlitterbon co-owner, 62-year-old Jeffrey Wayne Henry, his Henry and Sons construction company, and Henry's right-hand designer man, John Timothy Schooley, with second-degree murder for the death of Caleb Schwab, in addition to 12 counts of aggravated battery and five counts of aggravated endangering of a child for the past injuries sustained on Veirut.

Speaker 1 The indictment alleges that Jeff Henry, the water slide visionary, rushed to complete the design and construction of Veirut to impress the Travel Channel.

Speaker 1 The indictment also states that Henry was motivated by a desire to flaunt his achievements, as evidenced by the contents of corporate emails. I'm going to brag a lot, he wrote.

Speaker 1 In his rushed quest to be the best, the indictment alleges that Mr. Henry skipped fundamental steps in the design process, resulting in a dangerously flawed construction.

Speaker 1 Jeff Henry may be creative, but he's no engineer. Jeff Henry dropped out of school at age 14.

Speaker 1 He may have been around water slides most of his life and knew how they worked, but He was incapable of doing the physics.

Speaker 1 Instead, Jeff Henry essentially just drew a slide on a piece of paper, wrote the word big with an arrow pointing to it, and grunted it into existence.

Speaker 1 The indictment indicated that the lead designer John Schooley, another man who possessed no engineering credential relevant to amusement ride design or safety, was responsible for doing the math.

Speaker 1 But instead of math, Henry and company relied almost entirely on crude trial and error methods.

Speaker 1 At one point in the design process, John Schooley actually admitted as much, quote, if we actually knew knew how to do this, and it could be done that easily, it wouldn't be that spectacular.

Speaker 1 Jeff Henry continued to push the project forward, despite others' warnings and misgivings. In a string of emails sent on December 14th, 2012, Henry wrote, Time is of the essence.
No time to die.

Speaker 1 I have to micromanage this now.

Speaker 1 This is a design product for TV. Absolutely cannot be anything else.
Speed is 100% required. A florid day, tough schedule.

Speaker 1 The indictment says that after Caleb's death, experts who examined the ride found that Veroot's design violated nearly all aspects of the long-standing industry safety standards.

Speaker 1 John Hunsucker, the founder of the National Aquatic Safety Company, was actually a consultant on Veroot.

Speaker 1 Hunsucker warned Henry before and after the ride opened to the public that it was, quote, unfinished and was still in an unsafe condition. Jeff Henry, obviously, ignored those concerns.

Speaker 1 Jeff Henry also ignored his own eyes, the indictment reported. The rafts were flying off the slide during testing, plain as day.
There's footage of it on the Travel Channel show.

Speaker 1 Jeff Henry even comments on it.

Speaker 31 It fell backwards, tipped over, and killed every sandbag in there.

Speaker 1 But despite the red flags and constant delays for rebuilds, Verucht was open for business, design flaws and all.

Speaker 1 According to the indictment, the most obvious and potentially lethal flaw was that Verouk's design guaranteed that rafts would occasionally go airborne in a manner that could severely injure or kill the occupants.

Speaker 1 Henry, Schooley, and Miles all knew about this problem before the ride opened to the public.

Speaker 1 A video of the Caleb Schwab incident shows the 10-year-old boy abiding by all the rules. He was seated, strapped in, and his group's combined weight was in the acceptable range.

Speaker 1 The original age restriction of 16 years old had been lowered to 14 years old, despite industry suggestions.

Speaker 1 But the day before Varucht opened, Jeff Henry scrapped the age restriction altogether, which allowed Caleb to ride.

Speaker 1 In the face of the accusations, Schlitterbon vowed to fight. Since the date of the incident, we have worked closely with law enforcement, the company said in the statement.

Speaker 1 At no time have we withheld evidence. At no time have we altered evidence.

Speaker 1 The indictment uses quoted statements from a reality TV show that was scripted for dramatic effect that in no way reflects the design and construction of the ride.

Speaker 46 Here's their statement saying we as a company and as a family will fight these allegations and have confidence that once the facts are presented, it will be clear that what happened on the ride was an unforeseeable accident.

Speaker 1 Jeff Henry was taken into custody on South Padre Island, Texas on March 27, 2018.

Speaker 1 He was transported to Kansas City, Kansas a few days later, where he pleaded not guilty to the charges and bonded out for $500,000. Afterward, Henry's attorney Carl Cornwell did all the talking.

Speaker 47 And this indictment, which suggests that my client

Speaker 47 did this under circumstances manifesting extreme indifference to the value of human life, is ridiculous. That's the furthest thing from the truth.
This is just ridiculous.

Speaker 47 I don't know why people think this is a criminal case. It makes no sense to me that it's a criminal case.
It's just not.

Speaker 22 He does not have any formal education in terms of engineering or physics, correct? And neither did Henry Ford, and he built the car.

Speaker 1 Jeff Henry was tired.

Speaker 37 I don't have anything to say today. Thanks.
I'll be talking to you guys shortly.

Speaker 26 I'll try to get some rest.

Speaker 1 But if it were rest Henry was looking for, he would not find it in Kansas or Texas for that matter.

Speaker 1 He flew home by private plane to New Bronfels the night he posted Bond to discover that his house had been burglarized.

Speaker 48 He was standing next to his car and he was screaming and I thought,

Speaker 48 I couldn't understand what he was talking about.

Speaker 1 Henry claimed that two of his trucks were missing along with $500,000 worth of personal property. He knew it was CJ, a man who was already locked up but usually lived on the Henry Ranch with his mom.

Speaker 13 I'm going to kill your son.

Speaker 5 I'll bond him out of jail myself and kill him.

Speaker 1 Officers arrived at the Henry property around 3 a.m., but Jeff Henry was gone.

Speaker 1 The prosecutors in Kansas heard about the incident and filed a motion to revoke his bail, but the judge denied that motion after Henry apologized for losing his temper.

Speaker 1 Three months later, on July 13th, 2018, Jeff Henry was in trouble again.

Speaker 49 Merriam Police Officer Kristen Jaczynski responded to a reported disturbance. Further investigation found Jeff Henry with more than 61 grams of meth, 18 hypodermic needles, and 16 Xanax pills.

Speaker 49 Court records further claim Henry agreed to pay a human trafficker $400 for a prostitute, but instead paid him $240 in cash and then 10 Schlitterbon all-day passes to make up the difference.

Speaker 1 Police in Merriam, Kansas responded to a disturbance at the Drury Inn Motel. They found a man trying to kick down the door of a room occupied by Jeff Henry and two women.

Speaker 1 He was not a fan of water park passes as payment, apparently.

Speaker 1 Jeff Henry was charged with felony possession of methamphetamine with the intent to distribute, as well as a drug paraphernalia charge and a misdemeanor charge for buying sexual relations.

Speaker 1 A hearing was scheduled for December. Jeff's lawyer blamed his client's mental health for his most recent run-in with the law.

Speaker 50 When Caleb died, I think a piece of Jeff died too.

Speaker 50 And since that time, he's been in a depression.

Speaker 1 Jeff Henry spoke briefly about his mental state in one of the only interviews he gave after the Varucha tragedy with the Texas Monthly, quote, if I really believed I was responsible for the death of that little boy, I'd kill myself right now.

Speaker 1 There are members of my family who would like to commit me to a facility because I'm suffering from depression. Sometimes I can't get out of bed for four days.

Speaker 1 The real Jeff Henry was not indicted, he told the magazine. The actor Jeff Henry, who was trying to glamorize the ride, was indicted.

Speaker 1 Not true, clarified Jeff's ex-wife, Louise Setri, who filed for divorce earlier that year. Jeff's mental problems and substance abuse were nothing new.

Speaker 1 The trouble started long before Verucht was built.

Speaker 4 Here's what she filed in court.

Speaker 4 Jeff Henry has had in the past serious mental, psychological, psychiatric, anger management, and emotional problems long-standing in nature that in part cause or contributed to horrific assaults and beatings.

Speaker 4 The civil lawsuit goes on to say Henry assaulted, battered, beat, and tormented his ex-wife. She was sexually assaulted in many different ways.

Speaker 4 Some of the alleged horrific assaults took place at Schlitterbon's New Braunville's water park, and she says her child was the victim of witnessing the horrific acts.

Speaker 4 Those statements were in specific reference to a May 2013 incident where the ex-wife claimed she called 911 when Henry rammed his vehicle, owned by Schlitterbon, into her her car at her house, then broke in and then used a concrete pedestal to break down her bedroom door where she and her child were hiding in fear of their lives.

Speaker 1 There was a lot of hitting. There was a lot of kicking.
There was a lot of rape. There was using a belt, Setri testified in court records.
He's crazy. He pulled a gun on me.

Speaker 1 He made me hold the bullets and raped me for three hours, she added. Luis also claims that Jeff stomped on her foot so hard that it required pins to repair the brakes.

Speaker 1 Henry's attorney in the divorce case vehemently denies the accusations.

Speaker 26 Your ex-wife says you're crazy.

Speaker 1 The divorce would have to wait, as would the feud with his brother Gary and the bankruptcy of a failed Schlitterbon expansion in North Padre Island. There were more important matters on the docket.

Speaker 1 Those problems seemed insignificant considering Jeff Henry was facing murder charges. It was possible that he could spend the rest of his life in prison unless he caught a break.

Speaker 18 A judge has dismissed criminal charges related to the death of a 10-year-old boy at a Kansas City water park.

Speaker 18 The child was decapitated on a water slide called Verookt at the Schlitterbon Park in 2016. After the incident, the park owner and the slide designer were charged with second-degree murder.

Speaker 18 But today, the judge dismissed those charges, citing improper evidence and saying the defendants were not afforded due process protections.

Speaker 18 The judge also dismissed an involuntary manslaughter charge against the park's operations manager.

Speaker 1 On February 22nd, 2019, a Wyandotte County judge dismissed all charges against Jeff Henry, John Schooley, and Tyler Miles. Judge Robert P.

Speaker 1 Burns took issue with what he called the highly dramatized footage from the Travel Channel show.

Speaker 1 Defense attorneys had argued that the footage did not depict reality and that the Attorney General never told the jury it was a dramatization.

Speaker 1 They wanted me to create suspense and danger, to make Varoukt look really scary, to add drama to the show, Jeff Henry told Texas Monthly.

Speaker 1 You know the raft that went airborne on our 90-foot model in New Bronfels? It was faked. We added rollerblade wheels to the boat to make it fly off.

Speaker 1 The defendants also claimed the jurors were repeatedly told that the water slide was not built to the nationally accepted standards established by the American Society for Testing Materials.

Speaker 1 But Kansas law didn't require the Varucht to meet those standards at the time of Caleb's death. That's why Varucht was built in Kansas in the first place.

Speaker 1 No laws regarding standards could have been broken because they barely existed in that state to begin with. Finally, one of the prosecution's experts discussed the death of Nico Binavides.

Speaker 1 A lifeguard at Schlitterbon and South Padre was pinned to the wall by a wave pole generator in 2013. Judge Burns ruled that that testimony was irrelevant to Caleb Schwab's case and threw it out.

Speaker 1 The court has grave doubts as to whether the irregularities and the improprieties improperly influenced the grand jury and ultimately bolstered its decision to indict these defendants, Judge Robert Burns said.

Speaker 1 Quite simply, these defendants were not afforded the due process protections and fundamental fairness Kansas law requires.

Speaker 51 A decision by a judge to throw out charges in the Schlitterbon case brought strong words from one of the defense attorneys.

Speaker 47 They were given crap, and that's the kind of case they had, and Judge Burns just flushed it.

Speaker 1 We welcome today's decision, which dismissed the charges against all defendants, said a spokesperson for Schlitterbon Water Parks and Resorts.

Speaker 1 We are thankful for all the support and encouragement we've received. It was the first happy day in a long time for the Schlitterbon family.
However, Jeff Henry wasn't totally off the hook.

Speaker 1 He eventually pleaded guilty to a felony drug charge for the meth bust. He was sentenced to four years and nine months in prison in March 2022.

Speaker 1 Fairuch was deconstructed back in November 2018, the same month that Scott Schwab was elected as Kansas's Secretary of State.

Speaker 1 2018 was also the last summer that Schlitterbon, Kansas City opened its doors. Rumor has it that the location will soon be replaced by a Margaritaville.

Speaker 41 Wasting away again in Margaritaville, that Jimmy Buffett classic.

Speaker 41 Perhaps the idea coming before the unified government of Wyandotte County this week, UG Commissioners heard plans for an $85 million margaritaville type resort for the former home of the Schlitterbon Water Park.

Speaker 1 Swindled is written, researched, produced, and hosted by me, a concerned citizen. with original music by Trevor Howard, aka DeFormer, aka Too Scary.

Speaker 1 For more information about Swindled, you can visit swindledpodcast.com and follow us on Instagram, Facebook, and Twitter at SwindledPodcast. Or you can send us a postcard at P.O.

Speaker 1 Box6044, Austin, Texas, 78762. But please, no packages.
We do not trust you.

Speaker 1 Swindled is a completely independent production, which means no network, no investors, no bosses, no shadowy money men. no all-day passes to Schlitterbon for which to trade or barter.

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Speaker 1 got here.

Speaker 16 My name is Alicia from Akron, Ohio. I am and I am

Speaker 53 Akron, Ohio. My name is Alex from Alberta, Canada.
Our government is swindling us every day here.

Speaker 52 My name is Kristen from Missouri.

Speaker 52 And I am a consistent citizen.

Speaker 2 bitches.

Speaker 25 Time.

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Get it picked up from your door. Get paid on the spot.
So fast you'll wonder what it catches.

Speaker 25 There isn't one.

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Speaker 25 Oh, you're still here. Move along now.

Speaker 54 Enjoy your day. Sell your car today.

Speaker 25 Car Vana.

Speaker 18 Pickup fees may apply.