Judge dismisses charges over boy’s Schlitterbahn death

KANSAS CITY, Kan. (AP) — A judge dismissed criminal charges Friday against a Kansas water park owner and the designer of a 17-story slide on which a 10-year-old boy was decapitated in 2016.

Wyandotte County Judge Robert Burns cited improper evidence in dropping second-degree murder charges against Schlitterbahn owner Jeff Henry, designer John Schooley, and general contractor Henry and Sons Construction Co.

The judge also dismissed an involuntary manslaughter charge against operations manager Tyler Miles, The Kansas City Star reported .

They were charged after Caleb Schwab died while riding the waterslide, which was marketed as the world’s tallest slide.

“The court has grave doubts as to whether the irregularities and improprieties improperly influenced the grand jury and ultimately bolstered its decision to indict these defendants,” Judge Robert Burns said. “Quite simply, these defendants were not afforded the due process protections and fundamental fairness Kansas law requires.”

Kansas Attorney General Derek Schmidt said in a statement that his office, which prosecuted the case, was disappointed and “respectfully disagrees” with Burns’ ruling.

“We will review the ruling carefully, including the court’s observation that the ruling ‘does not preclude the possibility that the State could continue to pursue this matter in a criminal court,’ and take a fresh look at the evidence and applicable law in this tragic and troubling case to determine the best course forward,” Schmidt said.