KANSAS CITY, Kan. – Prosecutors and attorneys representing defendants in the criminal case connected to the 2016 death of Caleb Schwab on Verruckt at Schlitterbahn Water Park met Wednesday to hammer out details in the case.
A status hearing Wednesday afternoon in Wyandotte County District Court revealed the grand jury that indicated several people and companies connected to the 2016 incident indicted a wrong entity.
Although Schlitterbahn Water Park was named in the indictment, it’s only the name of the waterpark. Prosecutors admitted the indictment should have been against KC Water Park Management Company, the owner/operators of Schlitterbahn.
Prosecutors will have to re-convene the grand jury and request a new indictment.
Five defendants are charged in Schwab’s death: Jeff Henry, John Schooley, Henry and Son's Construction, Tyler Miles and Schlitterbahn Water Park (KC Water Park Management Company).
During Wednesday’s hearing, defense attorneys requested a copy of expert testimony and reports presented to the grand jury.
After receiving the information, defense attorneys will need time to build their case and find expert counter-witnesses. With the new timeline, the judge agreed to delay the start of the trial, which was scheduled to start in September 2018.
No new trial date was set.
Also during Wednesday’s hearing, some defense attorneys in the case asked that their clients’ cases be tried separately from other defendants.
Jeff Henry, John Schooley and Henry and Son's Construction want separate trials from Tyler Miles and Schlitterbahn Waterpark (KC Water Park Management Company).
The judge will make that decision when a trial date is set.