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March 19, 1999One year has passed since the tragic death of fifteen-year-old Leslie Lane. On March 19, 1998, Leslie was killed during a ride on a Himalaya amusement ride at the Austin-Travis County Livestock Show & Rodeo in Texas. The ride was owned and operated by B&B Amusements of Yuma, Arizona. The girl's safety bar broke off from her car during her ride. She flew from her seat, still clutching onto the bar, and was thrown into the back wall of the ride. She suffered chest, neck, and head injuries, including a fractured skull. She died at the scene. The broken safety bar was later found underneath her body. As usual, the ride was immediately declared safe following the incident. A spokesman for the event maintained that all of the rides operating at the fair were "safe." And two days later, the man who declared the Himalaya safe when he had inspected it just ten days earlier, told reporters that the lap bar did not tear from the latch, and that the accident could only have happened if the lap bar was not latched properly, or if the latch was opened by the customer. He was wrong. The ride was not safe, as so many had insisted. Investigators concluded that the lap bar did shear off from the car, and found pieces from a broken cotter pin, used to hold the lap bar in place, on the floor of the victim's car. They also found the ride to have been "poorly maintained," that the ride operators and owners had been advised of safety problems of the Himalaya before the incident, that the ride was being operated at an "unsafe" speed, that the restraint equipment was inadequate, that the use of cotter pins which were too small to hold the lap bars in place created an "unsafe" restraint system, and that this was known by the operators of the ride prior to the incident. Police suggested that the evidence pointed to a case of criminally negligent homicide. Much has happened in a year. The investigation led to the indictments of nine people on charges of first-degree murder. Those charged include the carnival owners, ride inspectors, maintenance workers, and ride operators. The case is pending in Texas. Some would say this is shocking. The attorney defending the owners of the Himalaya called the charges "totally ridiculous." Others say that the gross negligence, carelessness and recklessness on the part of those charged is the real shock in this case. The amusement industry prides itself on having a phenomenal safety record, and there is no question that the safety of riders is the top priority of just about every carnival and park operator in this country. Occasionally, accidents happen, as do they in all aspects of the human condition. But the circumstances surrounding the Himalaya accident are different than those of any other amusement ride accident in modern American history. This was no freak accident. What happened to Leslie Lane would have been foreseen by any responsible person who was aware of the ride's operating condition at the time of the accident. Who could be so careless as to ignore the specifications of a ride's designer and manufacturer, to operate the ride at unsafe speeds, and to use insufficient equipment to restrain passengers? Who could be so reckless as to ignore complaints from other riders about missing ride parts and broken safety bars? Who could be so blind to the flaws of the ride that they would inspect the ride and deem it safe for operation? Are those charged with murder the real victims here? Are they really "scapegoats," as one industry official suggests, or would his story be different if his daughter was the one killed? There is only one victim of this tragedy. To try and put any other spin on this situation is, frankly, pathetic. Leslie Lane was robbed of her life by people who have disgraced the amusement industry. Why will no one accept any responsibility for what happened? Why will no one come out and say that, given the condition of the ride at the time of the accident, it should never have been operated; that it was a death trap, and that a tragedy like this was imminent? Why do so many rush to the support of those accused in this case? Why has no one condemned such recklessness for the sake of all the responsible carnival and amusement park operators and ride inspectors in this country? After all, what case could possibly be made on behalf of the accused which would justify their negligence? Ironically -- and sadly -- they are left with exactly that which they left Leslie Lane with one year ago: no defense.
On November 20, 2000, the owner of B&B Amusements, Robert Merten, Sr., pleaded guilty to manslaughter charges which had been brought against him in connection with the death of Leslie Lane. Merten pleaded guilty on his own behalf, and on behalf of his company. On May 11, 2001, Bob G. Gill, the man who inspected the Himalaya ride, pled guilty to manslaughter on behalf of his company, Bob G. Gill & Associates. In addition, Gill pleaded guilty to a misdemeanor charge on his own behalf. Bob G. Gill & Associates is no longer in business. B&B Amusements still operates amusement rides.
NO DEFENSE: B&B AMUSEMENTS OWNER PLEADS GUILTY TO MANSLAUGHTER(Monday, November 20, 2000) - The owner of B&B Amusements has pleaded guilty to manslaughter charges in the case of the 1998 Texas Himalaya accident which left a 15-year-old girl dead. In addition to pleading guilty on his own behalf, Robert Merten, Sr. also pleaded guilty to manslaughter on behalf of his company.The guilty plea makes B&B Amusements the first carnival operator in American history to be held criminally responsible for the death of a patron which resulted from negligence. The manslaughter indictment said that the victim, 15-year-old Leslie Lane, was "restrained by a lap bar with an inadequate latching mechanism and a lap bar attachment that was inadequate to secure the lap bar to the amusement ride." The accident happened on March 19, 1998. Leslie Lane was riding the Himalaya with her brother and a friend. The three were flung from their seat after their safety bar broke off of their car. Lane was thrown into a wall and killed. The U.S. Consumer Product Safety Commission inspected the ride and concluded that the car in which Lane was riding was defective. Austin police also conducted their own investigation of the ride, and concluded that Lane's safety bar broke off of her car "at all three points of attachment." The lap bar was later found underneath Lane's body. Police also concluded that "the use of cotter pins that were too small to keep the lap bar in place created an unsafe restraint system," and that "this was known by operators of the Himalaya ride prior to the incident." Asked whether he was pleading guilty because the charge was true, Merten replied, "Yes." Under a plea agreement with county prosecutors, B&B Amusements will pay a $50,000 fine, and Merten will be sentenced to jail for 30 days and receive six years' probation. Merten has also waived his right to appeal. He will be sentenced on December 4. After the hearing, Merten was taken to the Travis County jail. Manslaughter charges are still pending against Robert G. Gill and his company, Robert G. Gill & Associates of Florida, which inspected the Himalaya ride and deemed it safe for operation. Three employees of B&B Amusements are also facing manslaughter charges in connection with the accident, but those charges will be dropped if the employees cooperate with the state in its case against Gill and his company. NO DEFENSE: AMUSEMENT INDUSTRY'S "SAFETY MAN OF THE CENTURY" PLEADS GUILTY IN TEXAS HIMALAYA DEATH(Friday, May 11, 2001) - On behalf of his company Bob G. Gill and Associates, Bob Gill has pled guilty to manslaughter charges which resulted from the 1998 Texas Himalaya fatality at the Austin-Travis County Livestock Show and Rodeo. Fifteen-year-old Leslie Lane was killed while riding the Himalaya, which was owned and operated by B&B Amusements of Yuma, Arizona. Her safety bar broke off her car at every point of attachment. She was thrown from her seat into a wall and killed. The Himalaya had been inspected by Gill's company just ten days earlier.An Austin, Texas court accepted Gill's plea, and fined his company $30,000. In addition, Gill pleaded guilty on his own behalf to a misdemeanor charge and was fined $100. When Gill inspected the Himalaya ride on March 9, 1998, he found that four of the ride's cars had broken locking mechanisms and another car had a broken seat. He ordered that those cars not be used, but allowed the ride to open. Lane's safety bar broke on March 19, 1998, the same day that three other passengers reported another broken safety bar after they had ridden in another car. In addition, police investigators found two other cars on the ride with no locking devices on them at all. They also witnessed three more locking devices break off of cars when they went to operate the ride after the accident to test speeds. Gill remains a member of the board of directors of the National Association of Amusement Ride Safety Officials and was given the organization's "Man of the Century" award last year for his "dedication to ride safety." Gill's company is no longer in business. Gill is now employed by Farrow Shows of Jackson, Mississippi. THE B&B AMUSEMENTS HIMALAYA: |
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CAR #2: |
broken locking mechanism reported at inspection of ride, March 9, 1998; car "not to be used" per order of inspector |
CAR #5: |
broken seat reported at inspection of ride, March 9, 1998; car "not to be used" per order of inspector |
CAR #6: | broken locking mechanism reported at inspection of ride, March 9, 1998; car "not to be used" per order of inspector |
CAR #13: | locking mechanism missing from car; lap bar taped down at post-incident inspection of ride; car was not operational on March 19, 1998 |
CAR #16: | locking mechanism missing from car; lap bar taped down at post-incident inspection of ride; car was not operational on March 19, 1998 |
CAR #17: | broken locking mechanism reported at inspection of ride, March 9, 1998; car "not to be used" per order of inspector |
CAR #19: | lap bar broke off from car at all three points of attachment March 19, 1998; 3 riders ejected from car: one killed, two injured |
CAR #23: | lap bar reported broken by three riders on March 19, 1998; one rider told police, "I held on to a bar that was part of the seat in order not to fall out." |
CAR #24: | broken locking mechanism reported at inspection of ride, March 9, 1998; car "not to be used" per order of inspector |
CAR # N/A: | knob, spring and collar locking mechanisms detatched from car and flew from ride during first post-incident test run of ride by police investigators |
CAR # N/A: | knob locking device detatched from car during subsequent test run of ride by police investigators |
CAR # N/A: | locking mechanism detatched from car and flew from ride during subsequent test run of ride by police investigators |
In February, 2000, Bob G. Gill, the man who inspected this ride and deemed it safe for operation, was given the "Man of the Century" award by the National Association of Amusement Ride Safety Officials for his "dedication to ride safety." |
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NATIONAL CONSUMER PRODUCT SAFETY COMMISSION INVESTIGATION |
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