State faults Darien Lake for park death

BUFFALO, N.Y. (AP) - Operator error was to blame for an amputee Iraq war veteran's deadly fall from a roller coaster and the amusement park was cited for having improperly trained workers, state officials Friday said.

Labor Department investigators found the Ride of Steel coaster at Darien Lake Theme Park & Resort was mechanically sound and safety devices were working properly when Army Sgt. James Hackemer, who had lost both his legs to a roadside bomb, was lifted from his seat near the end of the ride and thrown to the ground July 8.

The 29-year-old father of two died of blunt force trauma.

>> Read the release from NYS on their findings here

State investigators said operators did not follow rules posted at the ride's entrance, which require that riders have both legs. A seatbelt and metal bar restrain riders by the legs, shins and lap.

The Labor Department, which has regulatory authority over amusement park rides, said it issued two violations to Darien Lake: one for not properly training the ride's operators on the safety and operations restrictions and the second because operators were unfamiliar with the coaster's safety requirements.

The amusement park, located between Buffalo and Rochester, did not immediately respond to telephone and emailed requests for comment.

The ride has been closed since the accident. The park was authorized to re-open it Friday after retraining operators in safety procedures and posting clearer signs at the recommendation of the Labor Department. Managers also must now review all safety restrictions on every ride prior to the start of each operator's shift, the department said.

Last week, the Genesee County Sheriff's Office concluded that operators violated park policy by allowing Hackemer on the ride but it decided not to file criminal charges.

Hackemer came out of his seat and its restraints on the last and second-highest of three hills on the coaster, which reaches speeds in excess of 70 mph and whose highest peak is 208 feet. The veteran struck the front of the eight-car train and fell about 150 feet, landing on a grassy area.

The park has not released the employment status of the ride's operators or answer questions about their work history.

When Hackemer got to the park with about a dozen family members, including his 3- and 4-year-old daughters, he stopped at guest services to ask about procedures for disabled visitors, sheriff's investigators said. He was told to enter rides through the exit but he declined a pamphlet detailing the physical requirements for specific rides, telling staff he already had one.