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Tuesday November 21, 2000

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Carnival owner pleads guilty to manslaughter charges

By The Associated Press

AUSTIN - The owner of an Arizona company that operates amusement rides pleaded guilty to manslaughter charges yesterday, more than two years after a teen-age girl was killed when a ride threw her into a wall.

B&B Amusement Inc. owner Bob Merten Sr. pleaded guilty on behalf of himself and his company in connection with the death of 15-year-old Leslie Lane. She was thrown from a spinning ride called the Himalaya in March 1998 at the Austin-Travis county Livestock Show and Rodeo.

Under a plea agreement, Yuma, Ariz.-based B&B Amusement faces a $50,000 fine. Merten will receive a 30-day jail sentence in the Travis County Jail and six years probation.

Sentencing for Merten, who waived his right to appeal, is set for Dec. 4.

The guilty plea marks the first time that a carnival ride company has been held criminally responsible for causing a death because of a malfunctioned ride, Travis County District Attorney Ronnie Earle said.

"Leslie Lane was one of our teen-agers and we had to do this in order to bring closure to this case and to see that justice was done," he said.

"It is an effort to prevent future incidents of this type from occurring. It is important that we do everything we can to not simply prosecute the case at hand, but to prevent similar cases from happening in the future."

Officials from B&B Amusements did not immediately return telephone calls from The Associated Press.

Lane's 9-year-old brother and a 16-year-old friend also were thrown from the ride and received minor injuries.

Indictments handed down in December 1999 accused Merten, B&B Amusement Company and Florida-based inspection company Bob Gill and Associates Inc., of recklessly causing Lane's death.

The indictment said that Lane was "restrained by a lap bar with an inadequate latching mechanism and a lap bar attachment that was inadequate to secure the lap bar to the amusement ride."

Also listed in the indictment were Bob Gill and Associates Inc. owner Robert G. Gill and B&B employees Jeff Campbell, Phillip Joseph Parenti and Joshua Johnson.

Prosecuting attorney Maura Phelan said that if the B&B employees agree to certain conditions, charges against them will be dropped. She would not give details of those conditions.

Authorities are still pursuing charges against Bob Gill and Associates and Gill, with a trial date set for February 2001. If found guilty, Bob Gill and Associates could be fined $50,000 or be forced to pay double the amount of damage caused. Gill could face two to 20 years in prison and a maximum fine of $10,000.

Lane's death prompted a new state law enabling authorities to inspect and immediately shut down unsafe rides. It also stiffened sanctions for failing to comply with the insurance and inspection rules, making jail time a possibility in addition to fines.

The old law required ride operators to prove that they have insurance and that the ride is inspected at least once a year.