Lawyers for three charged in death of 10-year-old at Schlitterbahn to appear in court

KANSAS CITY, Kan. -- Lawyers for three men charged in a boy's death at Schlitterbahn water park in Kansas City, Kan., are scheduled to be in court Wednesday.

The three attorneys will have status conferences with the judge. The defendants can show up, but they are not required to do so.

Right now, John Schooley and his co-defendents -- Schlitterbahn co-owner Jeff Henry and former park operations manager Tyler Miles -- are set to be tried together in September.

They are charged in connection the death of 10-year-old Caleb Schwab's on the Verrückt water slide in 2016. Schwab had been spending the day with his family when the horrific, deadly incident happened. His father, Olathe state representative Scott Schwab, brought the family to Schlitterbahn for a day of free fun as part of Lawmaker Day. But it ended in tragedy.

Caleb Thomas Schwab

Schooley's attorney said he might file a motion to separate Schooley's trial from the other two men.  Henry's lawyers are also hoping for separate trials.

The three have pleaded not guilty.

Miles faces a total of 20 felony charges including 12 charges of aggravated battery, five child endangerment charges, two charges of interference with law enforcement and one involuntary manslaughter in connection with death of Caleb.

Read the full indictment against Miles here.

Schooley and Henry face charges of reckless second-degree murder. The two, along with Henry & Sons Construction Company, Inc., were indicted in connection with injuries sustained by 13 other persons, including four other minors, while riding the water slide. Those charges include aggravated battery and aggravated endangering a child.

Read the full indictment against Schooley and Henry here.

Jeff Henry, John Schooley and Tyler Miles

The indictment shows from August 2014 until Caleb's death in August 2016, more than a dozen people reported injuries from the ride including concussions, whiplash and herniated spinal disk injuries. The indictment also says emails from Henry shows he had a desire to rush the timeline and in the process skipped fundamental steps in the design process of the ride.

Caleb was riding the slide with two adult women, with whom he was matched on the raft. The women are from north of Hays, Kansas. One suffered a broken jaw, and the other a broken bone in her face and had to have stitches in her eye. The two women have since agreed to out-of-court financial settlements in this case.

At the time of Caleb's death, the slide was in compliance with Kansas' legal requirements for amusements rides, which mostly involve proper record-keeping. State law mandates that parks annually “self-inspect” their rides and maintain the records.

As FOX4 previously reported, several other states rejected building of the Verrückt water slide, but lax amusement ride regulations in Kansas allowed the ride to be built at the Schlitterbahn park in Kansas City, Kan.

The attraction, which was built in 2014, was once promoted as the world's tallest water slide at 168 feet and 7 inches. It has since been permanently shut down.

Schlitterbahn will tear down the water slide once a court grants it permission following the investigation.

Since Caleb's death, his father has been fighting to pass a new law on tougher regulations on amusement park rides in Kansas.