3/24/98
AUSTIN POLICE DEPARTMENT
AFFIDAVIT/SEARCH WARRANT
THE AFFIANT HAS PROBABLE CAUSE FOR SAID BELIEF BY REASON OF THE FOLLOWING FACTS: ON MARCH 19, 1998
ABOUT 7:20PM, LESLIE AMANDA LANE, A WHITE FEMALE, DATE OF BIRTH - 05/06/82, WAS RIDING THE ABOVE
DESCRIBED CARNIVAL AMUSEMENT RIDE NAMED "THE HIMALAYA". THE RIDE CONSISTS OF SEVERAL "CARS" OR
SEATS THAT ARE ATTACHED TO EACH OTHER AND TRAVEL ALONG A TRACK IN A CONSTANT CIRCLE. THE RIDE
TRAVELS AT A RATE OF SPEED SUFFICIENT ENOUGH TO CREATE A SUBSTANTIAL CENTRIFUGAL FORCE. PERSONS
RIDING IN THE "CARS" ARE RESTRAINED BY A SINGLE METAL LAP BAR THAT IS ATTACHED TO THE BOTTOM OF THE
CAR BY A COTTER PIN ON EACH SIDE AND A LOCKING DEVICE ON THE TOP LEFT SIDE OF THE CAR. DURING THE
OPERATION OF THE RIDE THE METAL LAP BAR RESTRAINT CAME LOOSE FROM THE CAR AT ALL THREE POINTS OF
ATTACHMENT DESCRIBED ABOVE. LANE WAS EJECTED FROM THE CAR AND STRUCK THE METAL WALL WHICH
ENCLOSES THE RIDE. LANE'S SKULL WAS FRACTURED BY THE IMPACT. LANE DIED AS A RESULT OF INJURY.
UNIFORMED PATROL OFFICERS OF THE AUSTIN POLICE DEPARTMENT WERE CALLED TO THE SCENE. UPON THEIR
ARRIVAL AND DETERMINATION THAT A DEATH HAD OCCURRED, THE OFFICERS CONTACTED THE AFFIANT, A
DETECTIVE WITH THE HOMICIDE DIVISION OF THE AUSTIN POLICE DEPARTMENT, WHO RESPONDED TO THE SCENE.
AFFIANT DETERMINED THAT THERE WERE SEVERAL WITNESSES TO THE INCIDENT. SWORN STATEMENTS WERE
TAKEN FROM THE WITNESSES. WITNESS, LEMARCUS HENDERSON, GAVE A STATEMENT TO DETECTIVE WAYNE
DEMOSS AND STATED THAT HE WAS ON THE RIDE AT THE TIME OF THE INCIDENT. HENDERSON STATED THAT HE
HEARD THE RIDE OPERATOR ASK THE PERSONS ON THE RIDE IF THEY WANTED TO GO FASTER. EVERYONE STARTED
TO SCREAM AND THE RIDE STARTED TO GO FASTER. HENDERSON STATED THAT AFTER THE RIDE INCREASED SPEED,
HE HEARD A LOUD NOISE THAT SOUNDED LIKE A GUNSHOT. HENDERSON SAW THE GIRL ON THE GROUND AND THE
RIDE OPERATOR SLOWED THE RIDE DOWN. WITNESS, JOSHUA JOHNSON, THE RIDE CONTROL OPERATOR AT THE
INCIDENT, GAVE A STATEMENT TO DETECTIVE M. GONZALES AND STATED THAT HE ASKED THE RIDERS IF THEY
WANTED TO GO FASTER. HE STATED THAT HE WAS SLOWING THE RIDE DOWN WHEN HE ASKED THAT QUESTION.
JOHNSON SAID THAT HE SAW TWO GIRLS GET THROWN FROM THE RIDE AND HIT THE BACK WALL. JOHNSON SAID
THAT THE LAP BAR WAS UNDER THE GIRL ON THE GROUND. JOHNSON SAID THAT THE COTTER KEYS THAT HOLD THE
LAP BAR IN THE CAR MAY HAVE BEEN TOO SMALL FOR THE WEIGHT OF THE PASSENGERS IN THE CAR. JOHNSON
STATED THAT THEY ARE SUPPOSED TO USE 3/16TH SIZE COTTER KEYS BUT SOMETIMES THEY USE SMALLER ONES
BECAUSE SOME OF THE HOLES THE KEYS GO IN ARE NOT BIG ENOUGH FOR 3/16TH KEYS. WITNESS, DANIEL
TUCKER, WHO WAS WORKING ON THE RIDE AT THE TIME OF THE INCIDENT, GAVE A STATEMENT TO DETECTIVE
WAYNE DEMOSS. TUCKER STATED THAT HE WAS WORKING THE EMERGENCY BREAK WHEN HE HEARD TWO LOUD
BANGS. HE SAW TWO GIRLS AND A LITTLE BOY BY THE SCENERY WALL. TUCKER STATED THAT LAP BAR WAS ON
THE GROUND NEAR THE TWO GIRLS. WITNESS, ERIN THOMPSON, GAVE A STATEMENT TO DETECTIVE DEMOSS THAT
SHE RODE THE HIMALAYA RIDE SHORTLY BEFORE THE INCIDENT. THOMPSON STATED THAT DURING THE TIME THAT
SHE WAS ON THE RIDE THE LAP BAR BROKE OFF OF THE CAR AT THE BOTTOM CAUSING THE LAP BAR TO LIFT UP.
THOMPSON STATED THAT SHE KEPT FROM BEING THROWN FROM THE CAR BY HOLDING ON TO PART OF THE SEAT
FRAME. THOMPSON STATED THAT SHE WAS IN THE CAR WITH A FRIEND, BILLY, AND THAT BILLY WAS YELLING AT THE
RIDE OPERATORS THAT THE LAP BAR WAS BROKEN BUT THEY DID NOT STOP THE RIDE. AFTER THE RIDE DID STOP,
THOMPSON STATED THAT SHE TOLD ONE OF THE OPERATORS THAT THE LAP BAR WAS BROKEN. THE OPERATOR
LOOKED AT THE BAR. THOMPSON STATED THAT THE RIDE WAS LOADED FOR THE NEXT TURN AND IT CONTINUED TO
OPERATE. AFFIANT PERSONALLY OBSERVED THE CAR, CAR NUMBER 19, THAT LANE WAS RIDING IN WHEN SHE WAS
THROWN FROM THE RIDE. THE COTTER PINS THAT KEEP THE LAP BAR ATTACHED TO THE BOTTOM OF THE CAR
SHEARED OFF. PIECES OF A COTTER PIN WERE VISIBLE ON THE FLOOR OF THE CAR. THE LOCKING DEVICE AT THE
TOP OF THE CAR APPEARED TO BE IN PLACE. THE LAP BAR HAD BEEN EJECTED FROM CAR WITH LANE. AFFIANT
PERSONALLY OBSERVED SEVERAL CARS ON THE RIDE HAD THE LAP BAR TAPED CLOSED. AFFIANT WAS TOLD BY
THE RIDE OPERATORS THAT THIS WAS DONE WHEN A PARTICULAR CAR HAD SOME PROBLEM THAT PREVENTED ITS
USE. AFFIANT ALSO OBSERVED THE GENERAL CONDITION OF THE RIDE TO BE POORLY MAINTAINED. AFFIANT
RECEIVED SEVERAL CALLS FROM PERSONS STATING THAT THE HIMALAYA HAD SAFETY PROBLEMS WHEN THEY
RODE THE RIDE THAT DAY. SEVERAL OF THE CALLERS STATED THAT THE RIDE WAS BEING RUN TOO FAST. OTHERS
CITED PROBLEMS WITH THE RIDE OPERATORS NOT CHECKING THE LAP BARS PRIOR TO THE RIDE STARTING. AFFIANT
HAS REASON TO BELIEVE THAT THE RIDE OPERATORS AND OWNERS SHOULD HAVE BEEN AWARE OF THE SAFETY
PROBLEMS ON THE RIDE AS THEY WERE ADVISED OF THE PROBLEMS PRIOR TO THIS INCIDENT. AFFIANT HAS
REASON TO BELIEVE FROM THE STATEMENTS OF THE WITNESSES THAT THE RIDE WAS BEING OPERATED AT A
SPEED WHICH WAS UNSAFE. AFFIANT HAS REASON TO BELIEVE FROM PERSONAL OBSERVATION THAT THE
PHYSICAL EQUIPMENT ON THIS RIDE WAS NOT SUFFICIENT TO PROVIDE ADEQUATE RESTRAINT FOR THE PERSONS
RIDING IN IT. AFFIANT HAS REASON TO BELIEVE FROM THE STATEMENT OF THE RIDE OPERATOR 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 THE OPERATORS OF THE HIMALAYA RIDE PRIOR TO THIS INCIDENT. AFFIANT
REQUESTED THAT A QUALIFIED INSPECTOR BE CONTACTED TO ASSIST IN DETERMINING THE CAUSE OF THE
RESTRAINT FAILURE. THE ENTIRE RIDE MUST BE KEPT IN PLACE AND AS IT WAS WHEN THE INCIDENT OCCURRED
FOR THE ENGINEERS AND INSPECTORS TO PERFORM THE NECESSARY INSPECTIONS AND TESTS TO MAKE THAT
DETERMINATION. AFFIANT BELIEVES THAT THE STRUCTURAL, MECHANICAL, ELECTRICAL AND PHYSICAL PARTS AND
PIECES OF THE HIMALAYA RIDE MAY CONSTITUTE EVIDENCE NECESSARY IN DETERMINING IF THE RESTRAINT
SYSTEM FAILURE IN CAR NUMBER 19 ON THE HIMALAYA RIDE CONTRIBUTED TO THE DEATH OF LESLIE AMANDA
LANE AND WHETHER OR NOT THE OWNERS AND OPERATORS OF THE HIMALAYA RIDE OUGHT TO HAVE BEEN
AWARE OF UNSAFE OPERATIONS OR EQUIPMENT. WHEREAS, AFFIANT ASKS FOR THE ISSUANCE OF A WARRANT
THAT WILL AUTHORIZE AFFIANT TO SEARCH THE ABOVE DESCRIBED PLACE AND SEIZE THE ABOVE DESCRIBED
PROPERTY. |
