No demolition of water slide during investigation, AG says

Kansas Attorney General Derek Schmidt said Monday he understands the desire to tear down Verruckt, the 17-story water slide where Caleb Schwab was killed, but that can’t happen until his staff completes its investigation into whether criminal charges are warranted.

Schmidt’s office said in a statement that his staff is moving as quickly as possible, but there’s no way to predict when the investigation will conclude.

“We are sensitive to the desire to allow demolition of the Verruckt water slide,” Schmidt’s office said. “However, our top priority must be to ensure the thoroughness and integrity of the criminal investigation.

“That necessarily includes the preservation of all evidence, including the Verruckt itself, until the investigation can be completed and we can determine whether or not the available evidence supports the filing of criminal charges.”

Schmidt’s office added it was aware of the public’s interest into the investigation of why 10-year-old Caleb died in an Aug. 7 incident last year, given that the Schlitterbahn water park is preparing the open in Kansas City, Kan., for its 2017 season. Opening day is Friday, according to Schlitterbahn’s website.

Caleb, the son of Kansas Rep. Scott Schwab of Olathe, died when riding the record-breaking slide last year. Two women riding with him suffered severe injuries.

Nothing from the Kansas City, Kan., Police Department’s investigation of the incident has been made public, but it’s believed that Caleb came into contact with a netting system that was supported by metal poles. Police said Caleb was killed by a fatal neck injury.

On Aug. 10, a Wyandotte County judge ordered that the slide remain standing until an investigation was completed. The company last year announced the week of Thanksgiving that it had decided to tear down the slide once the judge’s order was lifted. More recently, the company expressed its wish to tear it down immediately, but ongoing investigations prevented that.

“It’s not in our interest to have it up. It’s terrible for the community, it’s terrible for the family,” Schlitterbahn spokeswoman Winter Prosapio said in April.

Schlitterbahn had hoped to take the slide down before the water park opened for the summer season, saying it would be difficult to dismantle it with large equipment in the presence of park guests.

This story was originally published May 22, 2017 at 6:50 PM with the headline "No demolition of water slide during investigation, AG says."