Posted on 04/03/2018 5:46:51 PM PDT by Hojczyk
72-year-old John Schooley has been charged with second-degree murder in the tragic death of a child on the water slide he co-designed. Schooley was arrested at the Dallas Fort Worth International Airport on Monday, just after returning from China. In addition to murder, Schooley also faces charges of aggravated battery and aggravated endangerment of a child.
A Kansas grand jury has indicted all three men involved in the incident that resulted in the decapitation of Caleb Schwab, son of Kansas State Representative Scott Schwab. The boy’s raft lost control on the 17-foot slide, and he was killed as he hit an overhead loop at high speed.
Charged along with Schooley are co-owner Jeffrey Henry and the private construction company of the park, Henry & Sons Construction Co. Both have been charged with reckless second-degree murder as well as 17 other felonies related to other incidents on the “Varruckt” slide.
But it was Schooley himself who signed off on the ride, claiming it met all of the required American Society for Testing and Materials standards for use. Even then, he allegedly said that “if we actually knew how to do this, and it could be done that easily, it wouldn’t be that spectacular.”
“Not a single engineer was directly involved in Verruckt’s dynamic engineering or slide path design,” according to the indictments. Those same indictments also claim that Henry rushed production of the slide in order to impress executives involved with a Travel Channel television program.
Thus far, the Schwab family has reached a $20 million settlement with the Schlitterbahn water park and companies associated with the slide’s production.
(Excerpt) Read more at breitbart.com ...
“Second degree murder is totally appropriate.”
Maybe, but not legal.
By definition.
More details at the link. This was horrific.
“Dig out a law book ...”
Second Degree Murder requires an intent to kill someone.
In every state of the Union.
Criminal Negligence...Manslaughter, at best.
“An analogy is getting drunk, getting behind the wheel and killing someone. “
That’s Manslaughter, or Murder in the 3rd degree.
Ah, we do have rubber room law today.
I would so love this to go to USSC and Gorsuch write a scathing majority opinion about people who opt for big obvious risks, finally losing that lottery after thousands of uses, then calling it murder.
So are a lot of car accidents
Did you get your law degree at Podunk u?
The result of modern “liberal” jurisprudence. George Washington would have doubtless said “You knew you were taking a chance and yet the thing worked remarkably well! I wish I could say the same of my oxcart!”
>>These guys were beyond reckless.
Murder is an intentional act. Even manslaughter requires a mens rea — a criminal mind, if you will. At worst, this is gross negligence.
I just read the Kansas murder statute.
They have 3 classifications, just like every other state.
Only theirs are;
Capital Murder (1st Degree)
First Degree (2nd degree everywhere else)
Second Degree (Manslaughter, or 3rd degree everywhere else)
It’s simple nomenclature here folks.
These guys are charged with Manslaughter. Negligent Homicide.
Remind yourself to get a good lawyer before you get into trouble.
Post the requirements for second degree murder, dude.
Your own link on Second Degree Murder says it require INTENT to kill someone.
Because that’s how almost every state defines it.
Kansas just names their thresholds differently.
As if the designer wanted to kill children. Pfffft.
Well that’s a weasel word — “extreme.” How about the ability of people to size up a risk and choose it? It looked big and gnarly dangerous didn’t it? It wasn’t like a playground slide with a hidden razor blade was it?
It’s only tradition that would keep abuse of this word from requiring 35 mph highways.
You are so wrong. Post the statute on first degree murder in kansas
Those arguing legal technicalities have ignored how the law has evolved. And it’s a reflection of a too-soft America.
Sue them a jillion dollars and take it out of service till a public review can be done.
But we knew “attractive nuisance” would evolve to this. If we can’t freely choose the bad, we can’t freely choose the good.
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