(Topic ID: 213235)

This is INSANE: Homebrew Pin design is one thing, but a waterslide?

By c508

6 years ago


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  • Latest reply 5 years ago by Pickle
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#59 6 years ago

I rode that slide, and in fact, I was there a few times when it was being built. I was involved in some of the infrastructure planning that sprang up around the NASCAR track, and the water park was part of that development. I didn't have anything specifically to do with the park, but we commented on that slide several times, and I had to try it once it was built.

But in regards to a few comments above about these guys going to jail.......I would not be so sure, as criminal intent is going to be hard to prove, and criminal negligence just slightly less. There is no question these guys were negligent.....hence the 20 million payout. But they were arrested and charged with murder, which is going to be an uphill battle. As bad of people that they are, I doubt they woke up every morning intending that to be the day they get to kill a kid. They are going to have to show without a doubt they knew better, and willfully and intentionally disregarded safety and design flaws, and put people on the slide knowing they could get killed.

Don't get me wrong...with a death involved, they will probably get convicted or plead guilty to some charge....but I doubt they will see any real jail time. if there is evidence they acted criminally, then I hope they are locked up for a very long time.

#93 6 years ago
Quoted from SirScott:

They are being charged with involuntary manslaughter (amongst other things), not murder.

I don't think proving this will be a problem.

Not according to CNN...2nd degree Murder is what they list, but I will admit I have not looked at the official complaint

https://www.cnn.com/2018/03/27/us/schlitterbahn-waterpark-death-arrests/index.html

Keep in mind, they were indicted by a grand jury, which has a lot lower standard, is usually a sealed process, and there is no provision for defense. It's sometimes an easy way to get an indictment in an otherwise weak case.

#99 6 years ago
Quoted from redman822:

2nd degree murder, actually.
In Kansas extreme indifference, such as actively ignoring previous injuries and converting them up, fits this case.

http://statelaws.findlaw.com/kansas-law/kansas-second-degree-murder.html

I'm well aware of the requirements for the charge, as I have been involved in a few such cases. All I am saying is there is a lot here that is very subjective, and proving much of this beyond a doubt in order to get a conviction is going to be an uphill battle. The indictment is the easy part, especially with a grand jury.

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