August 19, 2010 2:08 PM

Park Ride Worker Who Dropped Girl Is Back on Job

By
CBSNews
(CBS)  The park ride worker charged with a felony for dropping a 12-year-old Florida girl from an amusement park ride before a safety net was secured is back to work at the same Wisconsin park where the accident occurred less than a month ago.

Charles Carnell, the 33-year-old ride operator who was at the helm of the Terminal Velocity freefall ride the day Teagan Marti plummeted to the ground, is back on the job at Extreme World in Wisconsin Dells, though not at the free-fall ride, bungee jump or ejector seat rides, as mandated by a judge.

Carnell is charged with first-degree reckless injury for almost killing Teagan, a crime punishable by up 25 years in prison and $100,000 in fines. A judge has ordered Carnell not have any contact with Teagan or her family.

On the ride, CBS News National Correspondent Ben Tracy explained, Teagan was raised in a platform 100 feet in the air. However, Carnell let her go too early and she plunged about 10 stories with no safety net to catch her.

According to the criminal complaint, Carnell "didn't look for or get the signal" that the safety nets were in place and he "totally blanked it out." When Teagan hit the ground Carnell "heard a thud and saw her land on her back."

Teagan suffered fractures to her spine and pelvis and swelling in her brain.

Dr. Alex Marti, Teagan's father, arrived at his daughter's side seconds after she landed. Alex told "The Early Show" he found Teagan with blood coming from her ears and nose.

Park Ride Victim's Father: "She Was Dead"

Alex said on "The Early Show," "At the moment she fell and I heard that loud thud, I just assumed she was dead. It was that horrific."

Tracy reported doctors say Teagan may be paralyzed, but still aren't sure.

CBS News Legal Analyst Lisa Bloom said on "The Early Show" Carnell's "blank out defense" could be adequate, because it "would show that he wasn't disregarding human life."

"He never intended any harm to happen," she said. "It was just human error. It was just a brain freeze -- something that we all experience."

On Thursday, Carnell's lawyer, Chris Van Wagner, expressed similar thoughts, saying, "He's charged with being reckless in a criminal fashion. It requires (prosecutors) to show he made a conscious disregard, he engaged in conscious disregard of a substantial risk of death."

He continued, "Obviously, any mistake by an operator in his position could be fatal and what happened to Teagan Marti is awful. He's devastated. But whether it's criminal or not is a different question. And it's really, ultimately difficult for many people that I've spoken with to understand why he was even charged. On the other hand, the district attorney has interpreted the law the way they have and that's what cases are all about."

"Early Show" co-anchor Erica Hill pointed out, "There is a little girl lying in a hospital now. We don't know if she's paralyzed. We don't know if she'll get up or be able to communicate properly again. So, a lot of people would say, that is why he is charged."

As for being back at work, Van Wagner said it's about the short amusement park season.

"First, the Dells is a place where there's a ten-week work season," Van Wagner said. "You go from two weeks before the Fourth of July until Labor Day. The people from the Dells are hard working, blue-collar people and they put in 20-hour days for 10 weeks. He is an all-purpose guy there. He's been there all his life, since he was 16. There's work to be done. He is an honorable man. He feels terrible. But when he came back to work it was because he owed that obligation to his boss and he continues to honor it. He's devastated. He thinks about this every day. It's breaking his heart. It really is."

Hill asked Van Wagner about Carnell's memory of the event, pointing out, "You say your client remembers the incident vividly. He remembers hearing Teagan hit the ground, he remembers seeing her, but he blanked out at that crucial moment. Is that how he says this happened?"

"That is how he says it happened," Van Wagner replied. "He had one of those momentary space-outs. That's human nature. We have it while we're driving, while we're talking, while we're sitting here. It's awful. It's terrible. But we don't believe it's criminal."

Hill asked, "Do you see any difference between spacing out at your desk at work and spacing out when you're operating a ride where you have someone's life in your hands?"

Van Wagner responded, "There's a terrific difference in terms of the risk. But in the area of criminal law, what the criminal law seeks to address and correct and punish is when people do things that reflect something in their minds that is more than just carelessness. Even carelessness can be a crime in certain limited circumstances, but in Wisconsin, at least, the only two circumstances in which that is true is if you're operating a motor vehicle carelessly, very carelessly but not quite recklessly and somebody is killed because of it, or if you're handling a firearm and you're careless with it. Now, in this particular case, … in order for the state to convict anybody in this circumstance they have to show not that he had one of those moments where he said, 'Oh, my god, what did I do? But, rather, I don't really give a darn what happens next.' There's a big difference there."

Copyright 2010 CBS. All rights reserved.
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by landon1975 October 18, 2010 6:26 PM EDT
No matter how you spin it, Mr. Carnell should NEVER be allowed to work ANYthing other than soda dispensaries, if at all, at ANY kind of establishment involving human risk. As for criminal charges, he should not be charged with first-degree reckless injury. Perhaps culpable negligence would fit better. If any charges at all. That said, this guy and the park should be bracing for a heck of a lawsuit in civil court.
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by pittpanterfan1 August 21, 2010 11:24 AM EDT
This ride should have never been permitted to operate. 1st why would anyone design a ride like this? It didn't sound as if there were saftey systems in place that would prohibit the rider from being dropped until the net was in place. Human error always occurs thats why there are fail safe devices designed to prevent this. Then 2nd why would the state, city, county and, most important, the ride owner let this opperate knowing they were one "brain freeze" away from hurting a little girl. Shame on you people! Now blame it on some poor guy that has to live with the thought of dropping that little girl the rest of his life.
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by guest173 August 19, 2010 6:02 PM EDT
he needs to be fired. yes the engineering needs to take into account human error but he should not be at the park anymore. get a different job especially if he is blanking out, which is a lame excuse. he can't check on safety if he is blanking out. I would not want to ride any ride he is touching.
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by ToolMangler1 August 19, 2010 4:22 PM EDT
I was coming back from the beach at 3:oo am one morning (I was 22) and doing my best to get home safely. Every thing was going smoothly and then I slammed on brakes and stopped in the middle of the road in shock. I had just become aware that I drove through three traffic lights in a small town that were 'Red' at 65 mph without slowing at all. I then pulled off the road (no traffic at that time) and sat there for quite a while, thinking. Then I said a prayer of Gratitude and thanks to GOD, pulled back on the road and drove home (wide awake). I have had other times when I (got away with an act of stupidity) but it is my goal to not do that again, I could have killed people that had never harmed me.

I am sure from what I have read that the ride operator that dropped this child had an instant like mine, I just hope he tries as hard as I do to never let it happen again...
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by bambooyou August 19, 2010 2:04 PM EDT
So this may not have been intentional; that is agreed and understood.\But what about negligence? Culpable negligence? Seems to me that this is certainly an instance of negligence, both by the operator and the staff who is supposed to flag the operator.
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by tomanyt August 19, 2010 1:56 PM EDT
I can understanding charging this guy with a crime IF he had done this intentionally but this was a accident.
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by newsterI August 19, 2010 1:47 PM EDT
"Obviously, any mistake by an operator in his position could be fatal and what happened to Teagan Marti is awful. He's devastated. But whether it's criminal or not is a different question. And it's really, ultimately difficult for many people that I've spoken with to understand why he was even charged. "

Crazy, no such thing as an ACCIDENT any more, everything is always some's FAULT. The blame rests squarely on the ride's DESIGNERS, they failed to ensure a safety lock system to prevent this, the STATE and I guess OSHA failed to ensure when they inspected these rides, that this would be impossible. This is no different than making, and the state passing a machine without guards on the machinery or belts to prevent hands or fingers from being cut off.
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by Fatesrider August 19, 2010 1:10 PM EDT
It would appear that negligence is the most this guy could be charged with. The owners of the ride or amusement park, however, have a much bigger problem in that the ride had no safety checks on it. THAT could be a big problem if industry standards required such safety protocols. Even then, the owners are ultimately liable for what happens in their park.

Any time someone gets into a ride, there's an inherent danger involved. Entropy will wear out everything eventually. Human error will do the rest. That's why it's supposed to be a 'thrill' to ride these things. Sometimes accidents happen, tragic as they are.

I don't think this guy did anything intentionally wrong, but like a driver who does something negligent, that results in serious bodily harm, he can be charged with criminal negligence. And the owners of the park can be sued over it as well since they're responsible for the actions of the employees.
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by sakurase August 19, 2010 12:29 PM EDT
Here's the deal, some of you will be pissed with me and some of you will understand but it's the truth! The difference between what happened to this 12 year old girl and what is criminal is up to the judge but in reality because sometimes our lawmakers live in a fantasy world, in reality the guy spaced and forgot the safety net (I have an 11 yr old daughter BTW). Doesn't mean it's not a tragic event but making the guy do 25 to life for an accident is extreme and if that happens, then EVERY accident should be treated as such no matter the circumstances. If the guy truly just spaced and forgot then it is not criminal and of course just like any of us who don?t do our job properly, are reprimanded. You don't have to be a lawyer or judge to see that. The definition of a criminal act, of course the key word is ?INTENTIONAL?. Did he do it on purpose? Take a look at how long he has been with the company, how long has he had that job, has this ever happened before, was he a jerk when he forgot just to be a mean person? If you can?t ask yourself those questions and come up with reasonable answers to his side then you have prejudged because she was 12 and you?re not looking at the facts. Police officers in EVERY state shoot people dead all the time for reaching for I.D. or their wallet and only get a slap on the wrist but man you let someone fall 100 feet and that?s worse than gunning down a 70 year old man in Michigan or California because why because the police officer was doing their job?! It?s an excuse to exert their power. Bottom line is the guy wasn?t exerting his power the guy didn?t do it on purpose. The 12 year old and her parents have half the responsibility by riding the ride at their own risk just like we all take a risk getting behind the wheel of a car and potentially getting into a severe car accident even if you use proper restraints. I?m not saying it?s the parents or the 12 year olds fault I?m simply saying use your brain to see that it was a terrible accident and the most he should lose is his job for not paying attention NOT 25 to life in prison!!!
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by peachsand August 20, 2010 7:49 AM EDT
i think you said it perfect my brother was killed by a drunk driver and he is looking at 2 years for his crime that does not sit with me well but thats are laws for people if he is looking at 25 than this guy should get the chair she didn't die my brother did
by boo57 August 19, 2010 12:29 PM EDT
Safety interlocks should be required so that the operator can't drop the rider until the safety net switch has been activated.This technology is even used on Merry Go Rounds. Why would the Ride Manufacturer leave it up to human judgement?
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by spaceatoms August 19, 2010 1:20 PM EDT
Its an engineering accident, and with a safety switch there would be no story. The girl is lucky to be alive, 10 stories is an long way and I hope the best for her. But in reality, its no different than being on a plane crash and blaming it on the pilots or maintenance team, everyone was at the wrong place at the wrong time and its unfortunate.
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