WPCNR POLICE GAZETTE. From Westchester County Department of Communications. July 25, 2007: The county police released their findings on the June 29 fatal accident that killed a Playland employee at a news conference Tuesday afternoon.  Police findings indicate that the victim "intended to ride (the Mind Scrambler), but was not propertly seated in the ride," and that the Ride Operator "started the ride while Ms. Garin (the victim) was not propertly seated and operated the ride immediately to full throttle."

The Westchester County District Attorney's Office is reported not to be bringing any criminal charges at this time and the death of Ms. Garin is deemed accidental.

Here is the text of that report:

Introduction:

Playland is an amusement park owned and operated by the County of Westchester since 1928, featuring more than fifty (50) rides.  This incident occurred at the Mind Scrambler ride which is privately owned and operated by S&L Amusements.  The ride consists of a dark enclosure with three (3) clusters of four (4) cars that rotate.

Ms. Gabriela Garin was employed by S & L Amusements for the past six (6) years. Ms. Garin had been a ride operator for two and one half (2.5) years and on 06/29/07 was assigned to operate the Mind Scrambler Ride from 6:00 P.M. to 12:00 A.M.

The following report is a summary of the investigation into the events surrounding the death of Ms.Garin, a twenty-one year old S & L Amusements employee at Playland Park in Rye, New York on June 29, 2007.

 TIME LINE: (All times are approximate)

This time line was established by examining evidence including documents, logs, video and audio records and witness interviews.

Prior to the opening of the park, the Mind Scrambler was inspected.  The Daily Inspection Report indicated that all the ride warning stickers were replaced.

12:00 P.M. Park opens.

 6:00 P.M.        Ms. Garin relieves the Ride Operator and assumes those duties.

 9:10 P.M.        Ms. Garin is relieved as Ride Operator and assumes ticket taking responsibilities.

 9:17 P.M.        First cycle of ride is conducted by new Ride Operator.

 9:19 P.M.        Ride ends. Scanning and seating for the next ride begins.

 9:31 P.M. The last patron is scanned for the ride.

 9:33 P.M.        Ms. Garin falls from ride. The Ride Operator radioed for assistance.

 9:33 P.M.        Seasonal Park Rangers, County Police and Playland Park EMTs arrive on scene.  Ambulance requested.

 9:37 P.M.        County Police Officer confirms dispatch of ambulance and requests supervisor.

 9:40 P.M.        Port Chester/Rye/Rye Brook EMS arrive on scene.

 9:42 P.M. Ms. Garin is pronounced deceased.

SUMMARY OF INVESTIGATION:

To date, 56 people have been interviewed, including eleven (11) eyewitness riders. In addition to witness interviews, physical evidence collection and examination, and the Medical Examiner’s preliminary findings, this investigation included the review of surveillance camera videos, maintenance records, payroll records and operating procedures.

It is important to note that this investigation is still ongoing.  Efforts are continuing to identify additional witnesses including the remaining patrons of the ride. 

The Westchester County Medical Examiner has certified the cause of death as multiple contusions, lacerations and fractures that occurred during a ride on the Mind Scrambler on 06/29/07 and the manner of death as accidental. 

Interviews of witnesses indicate that:

·         Ms. Garin seated and secured patrons, and then entered an unoccupied car on the ride.

·         Ms. Garin secured the safety bar and locking pin of her own car.

·         Ms. Garin was not seated properly in her car and not wearing a seat belt.

·         Multiple witnesses stated that Ms. Garin was kneeling on the seat of a car, facing rearward and swaying her arms to the music when the ride began.

·         It appears that the Ride Operator started the ride knowing that Ms.Garin was not properly seated and the Ride Operator told her to “sit down.”

·         The Ride Operator started the ride and went immediately to full throttle.

·         Witnesses indicated that when the ride started the lights went out immediately(the lights go off when the ride is at full throttle).

·         The ride went approximately one full turn before Ms.Garin fell out.

·         The Ride Operator activated the emergency stop button, applied the hand brake and radioed for assistance.

·         The ride took approximately eleven (11) to twelve (12) seconds to come to a complete stop.  During this time, Ms. Garin was struck by the spinning cars and ride arms.

·         When the ride stopped, Ms. Garin was found beneath one of the main control arms of the ride.

·         Interviews of S & L employees indicated that few ride operators knew that there was a second operator’s booth in the Mind Scrambler, and that this booth was rarely, if ever, occupied.

·         One S&L employee indicated that sometime in 2006, he observed Ms. Garin seated sideways and unsecured on the seat of a car.  He further stated that he stopped the ride and used the microphone to tell Ms. Garin to sit in the car correctly.

PRELIMINARY FINDINGS:

·         Witness statements clearly indicate that the victim intended to ride, but was not properly seated in the ride.

·         The Ride Operator started the ride while Ms. Garin was not properly seated and operated the ride immediately to full throttle.

·         During the operation of the ride, the second booth was not staffed.

·         Most of the employees of S & L did not know the second booth existed and others stated that it was rarely, if ever, staffed.

·         When a second operator was present, that operator would typically exit the ride, or stand in the marked yellow safety zone, or join the ride operator in the main operator’s booth.

·         Westchester County District Attorney’s Office will bring no criminal charges at this time.

·         At this point in time, there are no apparent signs of foul play.

·         The death of Ms. Garin is deemed accidental.

Ride operator training:

·         The only written protocol presented to operate the ride was the manufacturer’s operating manual.

·         No written protocols issued by S&L Amusements relative to the operation of the Mind Scrambler could be located.

·         S&L Amusements could not provide any written documentation for training of their employees.

·         Typically, ride operators initially trained with the Owner/Operator before operating a specific ride.

·         Some employees of S&L Amusements trained other employees on ride operation via “on the job” training.

·         Ms. Garin was one of the employees that provided training to other employees.

·        There is no documentation that identifies which employees are qualified to operate the Mind Scrambler. 

STILL PENDING:

·     Westchester County Medical Examiner’s final report, including toxicology.

·     N.Y.S. Department of Labor final report.

·     Continuing efforts to identify the remaining riders.