SAN ANTONIO – The co-owner of New Braunfels-based Schlitterbahn, Jeff Henry, was arrested Monday on charges related to the death of Caleb Schwab, a 10-year-old boy who died on a Kansas water slide in 2016.
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Cameron County online records show Henry is facing numerous charges.
Henry's arrest comes days after a 47-page indictment was released that alleges executives with Schlitterbahn knew of the problems with the water ride called the Verruckt. It was the tallest water slide in the world when it opened in July 2014.
The indictment stated executives ignored issues with the ride in order to get it running before their competitors, and to be featured on a reality TV show.
The indictment named Henry, director of operations Tyler Miles and lead designer John Schooley. Miles was arrested on Friday.
The ride has remained closed since August of 2016 when Caleb was killed after his water raft went airborne, decapitating the boy.
From the date it opened, the indictment revealed 11 injuries were reported to the park from riders on the Verruckt.
Those injuries included concussions, broken toes, slipped spinal disks and issues with the raft's operations.
According to the indictment, the idea for building the water slide was first brought up by Henry in November 2012.
The indictment states it was a "spur-of-the-moment bid to impress producers of the travel channel's Xtreme Water Park series."
The indictment alleges, “Due to Henry and Schooley’s lack of expertise and desire to rush the timeline, they skipped the fundamental steps in the design process. They rushed forward relying
almost entirely on crude trial-and-error methods.”
The indictment laid out a timeline that listed design flaws, including, “rafts (that) would occasionally go airborne in a manner that could severely injure or kill the occupants.”
Henry is quoted in the indictment talking about a failed redesign of the ride saying, "It's complex, it's fast, it's mean. If we mess up, it could be the end. I could die going down this ride."
Officials investigating Schwab's death were tipped off by lifeguards, who said Miles withheld daily operation reports. Those reports contained "incriminating information against Miles and others."
The indictment goes on to state that one of Schlitterbahn's attorneys tried to contact a whistleblower after he had talked with police.
A spokesperson for Schlitterbahn said they will be contesting the allegations and are working closely with law enforcement.
The company released a statement in regard to the indictment that read:
We were shocked by the allegations being made by the Attorney General about Tyler and our KC park. The allegation that we operated, and failed to maintain, a ride that could foreseeably cause such a tragic accident is beyond the pale of speculation. Many of us, and our children and grandchildren, have ridden the ride with complete confidence as to its safety. Our operational mantra has been and will forever be Safety First. The accusation that we withheld information or altered evidence is completely false. We have operated with integrity from day one at the waterpark – as we do throughout our waterparks and resorts. We put our guests and employees safety first; and safety and maintenance are at the top of our list of priorities. Since the date of the incident we have worked closely with law enforcement; at no time have we withheld evidence; at no time have we altered evidence. 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. Quotes were purported to be from definitive design meetings, when they were, in fact, “acting.” During the civil matter, attorneys involved noted that we cooperated fully, provided thousands of documents, and that nothing was withheld or tampered with. The secret Grand Jury never heard one word from us directly, nor were we allowed to provide contradictory evidence. And we have plenty. In fact, the indictment presented is so full of false information that it has shocked the Kansas legal community, as you can see in the statement from Tyler Miles’ attorneys below. Our legal team will be speaking out against each of the allegations point by point in the coming weeks and months. Rest assured, we stand behind our staff and all our parks. We will be fighting these charges aggressively. We know that Tyler is innocent and that we run a safe operation – our 40 years of entertaining millions of people speaks to that. We look forward to proving this in court where we know the facts will prove this was an accident.
An attorney for Miles also released a statement:
The suggestions that C.S.’s death was foreseeable to Tyler Miles, that, with this knowledge Tyler “avoided or delayed repairs,” and that Tyler “had covered up similar incidents” are simply not true. Not only had Tyler ridden the slide numerous times, but, as the State is aware, he had scheduled his wife, to ride it on the day of the accident. These are not the actions of someone who believed the ride to be dangerous. The allegation that Tyler knowingly obstructed the investigation is, likewise, false. From the moment of the accident, and continuing until the charges were filed, Tyler cooperated with law enforcement. He did not hide or destroy documents. The Constitution requires that an Indictment be based upon legal evidence- not speculation or conjecture. This Indictment is based upon Grand Jury proceedings, which are conducted in secret. While neither we nor the public have had an opportunity to see transcripts of Grand Jury witness testimony, the Indictment is littered with references to evidence that is not legal. Only after Tyler is able to obtain transcripts, witness statements and police reports will he, like any citizen, be in a position to fully address these allegations. What we know is that Tyler is innocent, which is why he insisted, at his first court appearance, that we set the matter for jury trial. We look forward to the opportunity to challenge the evidence, in a public forum, and prove Tyler’s innocence.
Statement on Henry's arrest:
Considering the allegations from Friday’s indictment, we were not surprised at the actions taken by the Attorney General to charge Jeff Henry. 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.
Below is a history of incidents on the Verruckt water slide:
Indictment for Jeff Henry, Tyler Miles related to Verruckt water slide by RJ Marquez on Scribd