b'was really more about the actions of Henry and School- & Materials (ASTM) for amusement park ridesen- panies involvedJeff Henry used sycophant Tyler Miles ey, and the expectation was that an indictment wasgineering and minimum safety standards that haveto dig a deeper hole of deception, and then employed a pending against them as well, which was in fact thebeen followed throughout the country for over 30company attorney to interfere with the investigation case. Jeff Henry was taken into custody in CameronyearsHenry, Schooley, and the companies chargedbyattemptingtointimidateanunderagedwitness County, presumably at or near his property on Southwere absolutely allowed to get away with it. while trying to deceive his mother and a police detec-Padre Island, and was soon extradited to Kansas, whereLead designer, John Schooley was allowed by Kan- tive. These are desperate measures to which a desper-he was released on bail. John Schooley was in Chinasas state law to self-certify that Verrckt met ASTMate man resortedand hopefully is not worse than it working on a waterpark project when he was indicted,standards. The state notorious for creating a budgetalready appears, for sake of millions of Schlitterbahn and was arrested at DFW Airport upon his return tocrisis by cutting taxes on corporations and the wealthyfun seekers.the U.S. to the bare minimum, in an effort to spur econom-Alldefendantshavepleadnotguiltyandhaveic growth, rendered what little regulation applied toSchlitterbahns Responsebeen granted separate trialsan indication that theiramusement parks in Kansas virtually impotent as state defense strategies will take an every man for himselfinspectors were cut. Annual state inspections at Schlit- Schlitterbahn Waterparks and Resorts declined to tactand that could ultimately lead to the man at theterbahn amounted to observing one run per ride, andcomment for this story beyond the public statements top, Jeff Henry, being pointed to as ringleader and pri- as long as no one was hurt on those single runs, thethey have issued in response to the indictments. In the mary culprit. If convicted of all charges, Henry wouldpark was good to go. Mechanical inspections or reviewinterest of full disclosure and fairness, these are their face from 33 to 139 years in Kansas state prison, andof maintenance or incident reports was non-existent,entire statements:fines totaling $3.3 million. Their trials are expected toas was any requirement to keep records. March 23, 2018We were shocked by the allegations take place at the end of the year. Of saddest irony, Calebs father, Kansas State Rep- being made by the Kansas Attorney General about Tyler For a man in his sixties, such a conviction wouldresentative Scott Schwab (R-Olathe), built his politi- and our KC park. The allegation that we operated, and virtually guarantee that Henry would die in prison,cal career on a platform of starving state governmentfailed to maintain, a ride that could foreseeably cause but Caleb Schwabs death and the ensuing indictmentsandeliminatingregulationsonbusinessapoliticalsuch a tragic accident is beyond the pale of speculation. could mean a death sentence for Schlitterbahn as aally of former Governor Sam Brownback, who led theMany of us, and our children and grandchildren, have companywhether or not there are convictions in thesmall government, conservative movement in Kansas.ridden the ride with complete confidence as to its safe-criminal cases. Schwab is currently running for Kansas Secretary ofty. Our operational mantra has been and will forever EPRProperties,arealestateinvestmenttrustState. In response to Calebs death, the Kansas legis- be Safety First.based in Kansas City, Missouri, holds $174 million inlature passed a bill in 2017 requiring more stringentThe accusation that we withheld information or al-Schlitterbahn mortgage debt, which is used to fundinspectionsofwaterslides,althoughthisyeartheytered evidence is completely false. We have operated investments far beyond the companys waterparks, in- slashed already loose regulations on county fair-typewith integrity from day one at the waterparkas we cluding movie theaters and other entertainment out- amusement rides. do throughout our waterparks and resorts. We put our lets, and education centers like the U.S. Soccer NationalStateSenatorDavidHaley(D-KansasCity)hasguests and employees safety first; and safety and main-Training Center. In a Securities and Exchange Com- taken up the issue of re-regulating amusement parktenance are at the top of our list of priorities.mission filing in April, EPR warned investors that therides in Kansas and has called for a review of state criminal indictments in the Schwab case could severelylaws that apply to parks like Schlitterbahn. Even in theSince the date of the incident we have worked close-impact attendance at the waterparks this year, couldwake of the tragic and preventable death of the son ofly with law enforcement; at no time have we withheld cost the company millions in fines and legal fees and,a colleague, and even in light of criminal indictmentsevidence; at no time have we altered evidence. The of greatest concern, could jeopardize the issuance ofthat expose how far corrupt and unqualified operatorsindictment uses quoted statements from a reality TV sales tax bonds related to the development of the Kan- can go in exposing the public to serious injury andshow that was scripted for dramatic effect that in no sas City park. The entire debt is secured by Schlitter- deathalong with their capacity to cover it up underway reflects the design and construction of the ride.bahn waterparks in New Braunfels, South Padre IslandcurrentlawRepublicansintheKansasLegislatureQuotes were purported to be from definitive design and Kansas City, and EPR became the first mortgagehave shown little interest in tightening regulations onmeetings, when they were, in fact, acting.holder on all of them earlier this year. If funds are notthe amusement park industry, or on any industry forDuring the civil matter, attorneys involved noted that available to pay the mortgages, as EPR has warnedthat matter. we cooperated fully, provided thousands of documents, could be the case in 2018, all three properties could beAnd what about Texas? and that nothing was withheld or tampered with.foreclosed upon. The companys Galveston park is notSchlitterbahn is loved in the Lone Star State, and entangled in the EPR debt, and Schlitterbahn Corpusfor good reasonmillions of us enjoy their parks everyIn fact, the indictment presented is so full of false in-Christi, already foreclosed upon and repurchased byyear and are willing to pay handsomely and stand information that it has shocked the Kansas legal commu-IBC Bank this spring, is being operated by a third partylong lines to do so. Nothing should be taken away fromnity, as you can see in the statement from Tyler Miles under the Schlitterbahn brand. that, and what happened in Kansas City does not in anyattorneys below.Schlitterbahn and other civil defendants settled away translate to any of the companys waterparks inOur legal team will be speaking out against each of wrongful death claim with the Schwab family in Janu- Texas.the allegations point by point in the coming weeks and ary 2017 for a reported $19.7 million. It is very possible that Jeff Henry became intoxi- months. Rest assured, we stand behind our staff and cated on his own legend and growing national profileall our parks. We will be fighting these charges aggres-Shared Blame as a reality TV star, and once in too far, he and his co- sively. We know that Tyler is innocent and that we run E ven if each and every allegation in the crimi- horts had no way out but to cover up and lieand thena safe operationour 40 years of entertaining millions nal indictments related to the death of Calebthe unthinkable happened. A child died on Verrckt,of people speaks to that.Schwab is to be believed, including the asser- and in the worse way imaginable. Knowing that theyWe look forward to proving this in court where we tion that Verrckt violated eleven vital safety stan- had carried out an ongoing cover up policy that, if re- know the facts will prove this was an accident. TCBdards prescribed by the American Society for Testingvealed, could lead to the worst-case scenarioserious criminal charges against the participants and the com-88 THE COASTAL BEND MAGAZINEFEATURED: The Stories that Mattered TheCoastalBend.com'