Six Flags Darien Lake

There were no arrests and only two citations issued in conjunction with the Selena Gomez concert at Darien Lake Performing Arts Center on Tuesday.

Issued citations for alleged underage drinking were:

Kyle R. Hejmanowski, 19, of Weaver Street, Buffalo

Marissa L. Bogdan, 18, of Shirley Road, Cheektowaga

The Sheriff's Office and Darien Lake security are investigating a series of thefts from vehicles parked at the theme park, including four over the weekend, according to Deputy Chief Gordon Dibble.

There have been a number of thefts in the day-use parking lot park, Dibble said.

In some cases, women's purses have been taken from one car and later found in another car.

Many of the larcenies have involved forceable entry with the cars being damaged in the process.

Items taken include purses, electronics, money and other valuables. 

At this time, no witnesses have come forward and the Sheriff's Office has no suspects.

Anybody with information that may aid the case can call (585) 343-5000.

(Initial report)

A deputy investigating a larceny from a car in the parking lot of Darien Lake Theme Park reports there are potentially several other thefts from cars.

The deputy said he's had several women approach him saying they have found the purses of other women in their cars and their own purses missing.

He's currently dealing with another car in the C-1 section that has had several items stolen from it.

The family of Sgt. James Hackemer, the Iraq war veteran killed July 8 when he was ejected from the Ride of Steel at Darien Lake Theme Park has filed a wrongful death suit against the two companies responsible for the amusement park.

From the Buffalo News: 

According to family attorney Denis J. Bastible, park employees violated Darien Lake’s own safety rules when they allowed the double amputee to ride the coaster.

“They didn’t train their employees to follow the rules and the result was tragic,” Bastible told the Buffalo News. “[Hackemer] leaves two very young children behind, and his family is doing terribly.”

Two weeks after the accident, state Labor Department investigators cited “operator error” as a factor in the death. Labor Department officials cited the amusement park for two violations, saying ride operators were improperly trained on safety requirements for the ride.

Named in the suit were CNL Income Darien Lake LLC, a real estate firm based in Dallas, owner of the park's land, and Herschend Family Entertainment, which manages the park.

According to the news article, Bastible is not concerned by remarks made by family members immediately following Hackemer's death saying they didn't hold Darien Lake accountable in the accident. Bastible said the remarks were made in the heat of the moment and the family gave thoughtful consideration to the decision to file a lawsuit.

There were nine arrests and 56 citations issued by the Genesee County Sheriff's Office in connection with the Goo Goo Dolls concert at Darien Lakes Performing Arts Center on Sunday (At the Brad Paisley show, there were 14 arrests and 56 alleged ABC violations).

Jonathan L. Fohl, 19, of Ledge Lane, Williamsville, was charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot.

Sean M. Price, 19, of Eighth Ave, North Tonawanda, was charged with disorderly conduct after allegedly fighting with security guards while being ejected from the venue.

Jeffrey J. DiLuca, 18, of Wyeth Drive, Getzville, was charged with trespass and possession of alcohol being under age 21 after allegedly refusing to leave the concert venue and being found to have been under age 21 consuming alcohol.

Joseph A. Kurtz, 22, of Glenwood Drive, Hamburg, was charged with trespass after allegedly refusing to leave the concert venue.

Vincent T. Vertalino, 18, of Woodrich Court, Hamburg, was charged with disorderly conduct after allegedly urinating in public view inside the amusement park.

James E. Galanti, 19, of Pebble Beach Drive, Hamburg, was charged with disorderly conduct after allegedly urinating in public inside the amusement park.

Russell B. Bermel, 25, of Mapleleaf Road, Williamsville, was charged with trespass after allegedly attempting to reenter the venue after being ejected and told not to return.

Nicholas J. Falzone, 18, of Connor Road, East Amherst, was charged with trespass after allegedly entering the concert venue without a ticket after being denied entry.

Jaqueline D. Deiley, 21, of Old Oak Road, McMurry, Pa., was charged with petit larceny after allegedly stealing an item from the medical facility inside the concert venue.

The following people received citations for allegedly possessing/consuming alcohol under age 21.

A 17-year-old of Ridge Road, Lackawana
Samantha M. Fitzpatrick, 18, of Ridgewood Circle, Lackawana
Ryan P. Zawodinski, 20, of Cynthia Circle, Orchard Park
Russell W. Hurley, 20, of Hawthorn Drive, Orchard Park
Molly M. Erickson, 18, of Jackman Lane, Elma
A 16-year-old of Birchwood Drive, Lake View
Andrew J. Baranyl, 18, of Carriage Hill East, Williamsville
Jennifer L. Mooney, 19, of Pierpont Avenue, Williamsville
A 17-year-old of BiaMarina Drive, Williamsville
A 17-year-old of Shetland Drive, Williamsville
A 17-year-old of Oakfield Lane, Williamsville
Sarah E. Cinski, 18, of Lilly Ridge Drive, East Amherst
William H. White III, 19, of Darwin Drive, Amherst
Joseph R. Cantiafio, 19, of Lilly Ridge Drive, East Amherst
Jay W. Schafer, 19, of Broadway Road, Darien
Sean M. McGrath, 18, of Paul Place, Buffalo
A 17-year-old  of Woodacres Drive, Williamsville
A 17-year-old  of Lamarck Drive, Amherst
A 17-year-old of Landing Creek Court, Williamsville
Jenelle K. Chapman, 20, of Apple Court, Niagara Falls
Sean A. Battisti, 20, of Ashwood Lane, Orchard Park
John V. Oddo, 18, of Athens Boulevard, Buffalo
A 17-year-old  of Audubon Drive, Amherst
Jacob G. DiMatteo, 20, of Fairmont Avenue, North Tonawanda
A 17-year-old of Baron Court, Getzville
James E. Ryan, 19, of Independence Drive, Orchard Park
Brian J. Sciandra, 20, of Argon Drive, Kenmore
Ashley M. Prentiss, 19, of Frontenac Avenue, Buffalo
Nicholas A. Cusenz, 20, of Bel Air Court, Williamsville
Ashleigh T. Szulist, 18, of Rutland Street, Buffalo
Ashley A. Fitzpatrick, 19, of Dearborn Street, Buffalo
Derek M. Paradowski, 19, of Maryvale Drive, Cheektowaga
Kallie L. Stahl, 19, of West State Route 579, Williston, Ohio
Mary Kathryn Sumbrum, 20, of Sheron Drive, West Seneca
Katie M. Felschow, 19, of O’Connell Avenue, Buffalo
Connor N. Sumbrum, 18, of Sheron Drive, West Seneca
Benjamin C. Gordon, 19, of Fairway Drive, Orchard Park
Jeffrey R. Baker, 19, of Scherff Road, Orchard Park
Patrick M. Violanti, 19, of Scherff Road, Orchard Park
Sean J. Rimmer, 19, of Harvard Place, Orchard Park
Rachel M. Biddle, 20, of Winspear Road, Elma
Amanda N. Lees, 18, of Quail Run Lane, Lancaster
A 17-year-old of Derby Road, Derby
A 17-year-old of Summer Street, Buffalo
A 17-year-old of Old Lakeshore Road, Lakeview
Michael J. Anderson, 18, of Rollingwood Street, Williamsville
Tyler J. Gerling, 18, of Rosscommon Crescent, Fairport
A 17-year-old of Joseph Street, Rochester
Ryan L. Danna, 18, of Oakridge Road, Hamberg
Rebecca L. Baia, 19, of Candlewood Lane, Williamsville
Jordan W. Fanestock, 20, of South Sausalito Drive, East Amherst
Lisa A. Samuels, 19, of Breezewood Commons, East Amherst
Elisabeth M. Mars, 20, of Lawrence Avenue, East Aurora
Ann M. Milks, 20, of Lawrence Avenue, East Aurora
Mary E. Angrisano, 20, of Snyder Road, East Aurora

Two weeks after a disabled Iraq War veteran fell to his death from the Ride of Steel at Darien Lake, the ride was reopened shortly after a late afternoon press conference. The park's manager refused to answer questions about what ride operators said about their interaction with Sgt. James Hackemer.

What did they ask and what was said? Local and regional reporters tried at least six times to get answers and failed. General Manager Christopher Thorpe said he wouldn't "speculate" on what transpired on the ride's boarding platform.

"I don’t want to speculate as to what they knew or didn’t know, nor do I want to speculate as to the thought process of Sgt. Hackemer," Thorpe said.

Reporters told Thorpe they didn't ask him to speculate. They wanted to know what ride operators actually said about what happened July 8.

"That part of our investigation will remain confidential because it’s speculation," Thorpe insisted. "I don’t want to speculate on what was said or done, or what was behind the thought process of those individuals on that ride because I don’t know."

Earlier Thursday, the NYS Department of Labor issued two citations to Darien Lake Theme Park, placing the blame for Hackemer's death on improperly trained operators. The DOL said that operators were unfamiliar with the safety requirements of the Ride of Steel.

Even so, Thorpe maintained today that the operators had been trained.

"Our employees are trained and certified in the rules for the Ride of Steel ride, but for reasons that we will never fully understand, Sgt. Hackemer was allowed on the coaster," Thorpe said.

He emphasized that the Ride of Steel is mechanically sound and that Darien Lake has a long track record of operating rides safely.

"More than 35 million guest since 1964 have come to Darien Lake," Thorpe said. "This is the first ever ride-related death. As a native Western New Yorker, and as a father myself, I can assure you there is nothing more important than the safety of our guests."

Darien Lake has initiated enhanced training and safety procedures.

All 15 staff members who work on the Ride of Steel were "re-certified" in the safe operation of the ride, ensuring, Thorpe said, a comprehensive understanding of its restrictions and rules. The operators will be thoroughly tested verbally, in writing and through practical exams by auditors on the correct rules and procedures of the Ride of Steel, as well as the other rides in the park.

An safety auditor position has been created.

And while both the entrance and the exit of all rides had signs outlining safety rules -- and the Ride of Steel had an audio warning for guests that included a warning about physical disabilities -- new signage has been added with a safety message specifically for riders with disabilities.

"We have worked methodically with the Department of Labor to ensure this will never happen again," Thorpe said. "To that end, we’ve looked at our existing policies and procedures and enhanced our training to include recertification, increased audits and then to ensure increased information for people with disabilities."

Before boarding a ride, guests with disabilities can pick up a pamphlet outside the ride that explains the physical requirements for all rides. The information is also now posted on the Darien Lake website.

The operators were all 18 years of age or older, Thorpe said, but he wouldn't discuss them in any detail citing privacy concerns. He declined to answer any questions about whether they are still employed by Darien Lake or whether they were disciplined.

Meanwhile, WGRZ reports that somebody is preparing for a possible lawsuit in the case because a prominent Buffalo law firm contacted the news station asking for footage related to the story. A legal expert told WGRZ that the request indicates either somebody is preparing to file a site or, if Darien Lake hired the firm, the theme park is preparing to fight a lawsuit.

The following arrests were made in connection with the Kid Rock concert at Darien Lake Performing Arts Center on Wednesday.

Richard W. Wilson, 16, of Lemunyan Hill Road. Wilson is charged with assault, 2nd, resisting arrest, disorderly conduct and sale of imitation drugs. Wilson allegedly sold an imitation drug and then fought with deputies. A deputy was injured during the scuffle, suffering numerous cuts on his forearm, requiring several stitches. Wilson was jailed on $20,000 bail. The injured deputy is Youth Officer Chris Erion.

David T. Costrino, 50, of Brown School House Road, Holley, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Costrino was allegedly found in possession of Ecstasy, hallucinogenic mushrooms and marijuana.

Austin G. Costrino, 25, of Brown School House Road, Holley, is charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Costrino was allegedly found in possession of Ecstasy, hallucinogenic mushrooms and marijuana.

Travis M. Queary, 28, of 7038 Texas Road, Croghan, is charged with arrested for trespass, disorderly conduct and unlawful possession of marijuana. Queary allegedly refused to leave the concert venue after being ejected. He then allegedly caused a disturbance in the campground area and during the investigation of that incident was allegedly found in possession of marijuana.  

Tara M. Victor, 32, of Juniata Place, Buffalo, is charged with criminal possession of a controlled substance, 7th, and possession of a controlled substance not in original container. Victor allegedly possessed a controlled substance in an unmarked bottle with out a prescription.

Joseph G. Marchese, 49, of Ladner Avenue, Buffalo, is charged with harassment, 2nd. Marchese allegedly punched a security guard while being escorted from the venue.

A 17-year-old of Hulberton Road, Holley, is charged with disorderly conduct. The youth allegedly caused a disturbance in the parking lot. The person was jailed on $250 bail.

A 17-year-old of Allen Road, East Concord, was charged with trespass. The youth allegedly returned to the concert venue after being ejected and told not to return.

Kelly L. Prue, 40, of Strathmore Circle, Rochester, is charged with disorderly conduct. Prue allegedly spat on a passing employee.

Burt T. Lyon Jr., 46, of Wehrle Drive, Lancaster, is charged with petit larceny. Lyon allegedly stole a display sign.

The following citations were issued for allegedly possessing alcohol under age 21:

Samuel J. Kroter, 20, of Church Street, Barton
Korey D. Hunsinger, 20, of Cole Hill Road, Nichols
Zachary K. Spaulding, 20, of Grove Street, Angola
Graig G. Leone, 20, of Grove Street, Angola
Cassondra M. Duckman, 20, of University Avenue, Atlanta
Christopher W. Moody, 19, of Cainal Lane, Grand Island
A 16-year-old of Hulberton Road, Claredon
A 16-year-old of Ridge Road, Holley
A 16-year-old of Vanderbilt Avenue, Niagara Falls
Matthew Soto, 20, of 20th Street, Niagara Falls
Joshua J. Clark, 18, of 12 C Street, Niagara Falls
Carleigh M. Preisch, 19, of 20th Street, Niagara Falls
Alexander J. Kaempf, 20, of Willow Ridge Lane, Lancaster
Tyler D. Guarasci, 18, of Williamsburg Lane, Lancaster
Chantal R. Ellis, 20, of Richland Road, Rochester
Kara M. Morris, 18, of Wendhurst Drive, Rochester

Current update: 12:42 p.m.

Despite warning signs for patrons and training of employees regarding certain people with physical disabilities not being allowed on the Ride of Steel at Darien Lake, Sgt. James Hackemer was able to embark on the rollercoaster.

Hackemer should have been able to see a warning sign prior to boarding the ride that said patrons must have two legs, and the employee training manual mentions in more than one place that people with specific disabilities cannot be allowed on the ride, according to Sheriff Gary Maha.

“Darien Lake violated their own policies and procedures by allowing him to get on this ride,” Maha said.

Maha presented the findings of Sheriff's Office investigators at a press conference in Batavia this morning.

Hackemer, who lost both of his legs -- one leg was amputated up to his pelvis -- to a roadside bomb in Iraq, died at Darien Lake on Friday after being ejected from a seat at the front of the ride's red train.

Operators at the Ride of Steel were well aware of Hackemer when he boarded the ride and knew that he didn't have legs, Maha said.

The operators -- typically teenagers -- had no explanation for why they violated Darien Lake Theme Park policy by allowing Hackemer to board the ride, Maha said.

The ride rules, which are posted at both the entrance and exit, read "For the restraint devices on this ride to fully and safely engage, guests must have two legs and be within a certain range of size and physical dimension. In addition, guests must have sufficient body strength and the complete use of a least one arm and hand to hold the grab bar. No guests may ride holding anything or with artificial limbs attached."

The ride's exit ramp, in compliance with the American With Disabilities Act, serves as the entrance for disabled patrons. Hackemer boarded the ride after coming up that ramp. According to Sgt. Steve Mullen, Hackemer would have passed the sign to board the ride.

When Hackemer was ejected, his body was thrown forward and then struck the front of the train. At that point, Hackemer's body was thrown clear of the train and the tracks and landed on a grassy area below the train's third hill, which is on the Route 77 side of the ride.

"With the amount of force of the ride, he didn’t have the physical attributes necessary to be on the ride," Maha said.

Like many theme park rides, the rollercoaster has automated cameras near the end of the ride which takes pictures of patrons that can later be purchased. The picture of Hackemer's car, according to Maha, shows an empty seat with the lap bar still down and the safety belt still buckled.

"He just came out of his seat," Maha said.

Maha emphasized that the ride is safe. It was inspected the Department of Labor in May and again following the accident and no mechanical problems were found.

"I would get on the ride," Maha said. "It is safe ride."

Hackemer's nephew helped the Gowanda resident into the ride and was sitting next to him in the front car.

"There was very little discussion between the ride attendants and Mr. Hackemer or his nephew (while he as getting on the ride)," Mullen said.

There's no indication that Hackemer was in any trouble during the ride prior to the ride's third hill.

Maha described the nephew as "in shock" when investigator's interviewed him after the accident.

Darien Lake provided grief counselors to employees, Hackemer's family and any patrons who sought help the night of the accident, Mullen said.

The Ride of Steel has two trains -- a red one and a blue one -- and each is comprised of eight cars that hold four people each. The red train Hackemer was on was not full, so only about 24 people where on the train at the time of the accident.

Because ride attendants did not hold all of the riders at the location following the accident, investigators have only been able to interview those riders who have made themselves known.

While investigators would have liked to have talked with all the riders, Maha said that the few investigators could interview gave consistent reports of what they saw.

As the ride pulled into the boarding area, riders were screaming and yelling, according to Mullen, making it very clear there had been an accident and that a rider had been thrown from the train.

The accident has been investigated by both the Sheriff's Office and the NYS Department of Labor. The DOL's investigation is not entirely completed, but DOL officials met with the Sheriff's investigators yesterday to go over their findings.

The Sheriff's Office investigation was aimed primarily at determining if there was any criminal liability in the death of Hackemer and the investigation, after consultation with District Attorney Lawrence Friedman, concluded the death was accidental. Criminal charges are unlikely.

The following arrests were reported in connection with the Vans Warped Tour at Darien Lake Performing Arts Center on Tuesday.

Eric C. Page, 20, of DeGroff Road, Nunda, is charged with trespass for allegedly allegedly jumping a fence to enter the venue without a ticket.

Matthew F. Abbruzzi,  20, of Christopher Way, Hawley, Pa., is charged with false personation and possession of alcohol under age 21. Abbruzzi allegedly gave a false name to police while in possession of alcohol. Abbruzzi was released on $200 bail. 

Elena M. V. Johnson, 17, of Parkside Avenue, Buffalo, is charged with false personation and possession of alcohol under age 21. Johnson allegedly gave a false name to police  while in possession of alcohol. Johnson was released on $100 bail.

After the jump, the names of individuals cited for allegedly possessing alcohol under age 21.

Brett J. Krebuszewski, 20, of Baynes Street, Buffalo
A 17-year-old of Victoria Heights, East Aurora
A 16-year-old of Fillmore Avenue, East Aurora
Tara A. Hunter, 20, of Madison Avenue, Brewerton
Courtney L. Simmons, 20, of Route 49, Central Square,
Ashley E. Wiatrowski, 19, of Holly Drive, Buffalo (two counts)
Paul S. Carroll,  20, of Church Street, Lancaster
Jaime E. Buirtrago, 20, of Trentwood Trail, Lancaster
Kara M. Macholz, 20, of Gridle Road, Lancaster
Nathan J. Cox, 19, of Chestnut Street, Belfast
Daniel P. Lee Jr., 19, of Haldane Street, Pittsburgh
A 17-year-old of Little John Road, Belfast
Dana M. Schuld, 18, of Route 305, Belfast
Jace L. Slocum, 20, of Fernwood Park, Rochester
Dillon C. Biskup, 18, of West Danby Road, Spencer
Anthony R.A. Hurst, 19, of Perry City Road, Trumansburg
Amanda M. Shaw, 20, of Sovocool Road, Groton
Bobbie L. Steeprock, 19, of Route 11A, Nedrow
Brittany N. Shields, 19, of Longmeadow Drive, Syracuse
Dylin E. Abbatoy, 19, of Glen Road, Berkshire
Anthony J. D’Angelo, 19, of North Main Street, Derry, NH
Maeve E. Beecher, 20, of Skyline Drive, Penn Yan
Erik E. Morehouse, 20, of Hillcrest Drive, Penn Yan
A 16-year-old of Aldridge Street, Gowanda
Christian M. Hilken, 20, of Pike Road, Batavia
Brandi E. Schmiedicker, 18, of Genesee Street, Corfu
Jeremy E. Sasiadek, 18, of Cayuga Creek Road, Cheektowaga
A 17-year-old of Ellington Street, Depew
A 16-year-old of Erie Street, Lancaster
Derek L. Pew, 20, of Genesee Street, Lancaster
Jeffrey N. Jones, 20, of Olean Street, East Aurora
Kelly M. Flynn, 18, of Crestview Drive, Brockport
A 17-year-old of Kams Road, Albion
Maria A. D’Addeo, 18, of East High Street, Lockport
Brennon L. Cain, 19, of Alanview Drive, Lockport
John J. Bannan, 19, of Ohio Street, Lockport
Chelsea L. Strickland, 19, of Hyland Road, Depew
Zachary T. Panchella, 18, of Vermont Street, Bath
Jordan J. Decker, 20, of Supervisor Avenue, Colden
Kylie J. Eaton, 19, of Ladner Avenue, Buffalo
Samuel R. Hall, 19, of Campbell Street, Bath
Michelle L. Carroll, 18, of Weiss Street, Buffalo
A 16-year-old of Weiss Street, Buffalo
Scott J. Burden Jr., 20, of 14th Street, Buffalo

Sheriff Gary Maha met briefly with a couple of members of local media and announced that the Sheriff's Office will conduct a press conference at 10 a.m., Wednesday, to discuss the investigation into the death of James Hackemer at Darien Lake Theme Park.

Maha declined to discuss findings from the investigation until tomorrow.

Officials from the Sheriff's Office reportedly met this afternoon with investigators from the Department of Labor.

Hackemer was ejected from the Ride of Steel at Darien Lake on Friday.

Upon a request from The Batavian, Congresswoman Kathy Hochul provided this statement on proposed legislation to increase federal oversign of rides at theme parks.

“The accident at Darien Lake was not only a tragedy because we lost a war hero, but because it reminded us that current loopholes in our laws can jeopardize the safety of patrons at fixed site amusement parks. Permanent theme parks should not be exempt from federal safety oversight, which is why I plan to work with Congressman Ed Markey (MA-7) to co-sponsor legislation that will ensure the Consumer Product Safety Commission has the ability to oversee amusement park rides.”

Rep. Edward Markey, a Democrat from Massachusetts, who pushing such legislation prior to the accident, has revived his proposal following the death Friday of disabled Iraq War James Hackemer on a rollercoaster at Darien Lake Theme Park.

State regulators are expected to meet with investigators from the Sheriff's Office tomorrow and present their findings from their investigation into the death Friday of Iraq war hero James Hackemer, who was ejected from the Ride of Steel at Darien Lake Theme Park.

Until then, it's hard to say, according to Deputy Chief Jerome Brewster, if there will be any evidence to take to the District Attorney's Office for possible prosecution of any staff members at the theme park.

"At this point, we don't see any evidence of criminality," Brewster said. "But we'll have to see what the Department of Labor comes up with in their half of the investigation. If in their half, they find training records that show a supervisor or employees were trained not to let an amputee on the ride (for example), then maybe there is something to take to the District Attorney to review."

Brewster said, rather than a criminal complaint the findings might support a possible civil action by Hackemer's family, noting, however, that in any case where there is an injury or death on an amusement park ride, some sort of civil action is likely.

"Just off the top of my head I would think there’s some potential for civil liability, but criminal liability remains to be seen," Brewster said.

The Sheriff's Office has completed its investigation, Brewster said. The DOL investigators were at the scene of the accident today and are expected to return to Darien Lake in the morning before meeting with the Sheriff's Office in the afternoon.

Darien Lake officials are being exceptionally tight lipped about the accident.

Cassandra Okon, spokeswoman for the theme park, today repeated what she's told every news outlet that's called her: Officials at the park have no idea how long the investigation will take and until then park officials have no comment on the accident.

Asked if there would be a press conference after the investigation is completed, Okon said that hasn't been decided.

She took The Batavian's e-mail address and said if there are any further statements from Darien Lake, the statements will be e-mailed to all of the media outlets on her list.

The story of Hackemer's death has been reported throughout the world.

He lost both of his legs to a roadside bomb in Iraq and twice nearly died as a result of his wounds.

Hackemer's family told the Buffalo News that the 29-year-old father of two "died happy."

"I have no doubt in my mind that he died happy," his sister, Jody Hackemer, said Saturday as the family gathered at Hackemer's parents' farmhouse in Gowanda. "I know that's hard to comprehend. But really, he was doing what he wanted to do. And that's the important thing."

While there have been rumors since the accident that Hackemer insisted on getting on the ride over the objections of Darien Lake staff, the family contradicts those account in the Buffalo News article.

"We in no shape or form hold Darien Lake accountable," the sister said. "They weren't negligent. It's nobody's fault. It was an accident. James thought it wasn't an issue."

Brewster said that what he's seen from the investigation reports so far indicate that Hackemer wanted to get on the ride and family and staff assisted him. There was no attempt that Brewster is aware of to stop Hackemer from taking a seat on the Ride of Steel.

"Nobody has indicated that at this point," Brewster said.

Brewster confirmed accounts that Hackemer was ejected from the ride at the crest of a hill on the ride the runs parallel Route 77 where other rides have said the gravitational shift causes riders to lift out of their seats.  

Hackemer had already been though bigger hills in the ride, so it's still not clear why he was ejected at this point in the ride.

The accident has revived an attempt by a Massachusetts congressman to take theme park regulation out of the hands of state officials and put regulation and investigation into federal officials' hands.

The local and state regulators who currently oversee amusement parks may lack the budget resources and technical experience to carry out effective safety checks and investigate accidents, Markey said.

"While the cause of the accident that claimed the life of Sgt. Hackemer is still unknown, one thing is crystal clear: Hypercoasters that hurtle riders at speeds exceeding 70 miles per hour along 200-foot drops should not be exempt from federal safety oversight," Markey said.

He plans to introduce legislation, which he has proposed multiple times before, to make fixed-site amusement parks subject to the regulatory authority of the Consumer Product Safety Commission, a federal consumer protection body. The move could prevent future injuries, he said.

The victim of a tragic roller coaster accident at Darien Lake Theme Park this afternoon was 29-year-old James Hackemer, of Gowanda. He is a veteran of the Iraq War and a double-amputee. One of his legs was removed at the hip, and other below just above the knee.

The Ride of Steel is a lap-harness-only roller coaster. Its restraint system includes a yellow lap bar that covers approximately hip-to-hip, and a lap-only seat belt. There are no other bodily restraints built into the ride. Hackemer was not wearing prosthetic legs this afternoon.

At a news conference this evening, Genesee County Sheriff's Sergeant Greg Walker confirmed that Hackemer was riding in the front seat of the front car on The Ride of Steel at the time of the incident. He was sitting next to a family member. Sgt. Walker estimated the roller coaster was traveling about 50 mph. He could not say how far Hackemer had fallen.

Sheriff's investigations will continue tomorrow. Darien Lake officials and the NYS Department of Labor are also looking into the matter. No charges have been filed.

Park officials declined comment this evening, other than to say that the theme park will remain open on its normal schedule tomorrow. The Ride of Steel will remain closed. A message to the public has been posted on the Darien Lake website.

PHOTO: Genesee County Sheriff's Sgt. Steve Mullen, left, and Sgt. Greg Walker. Photo by Geoff Redick of WBTA.

CORRECTION (1:04 a.m.): Victim's name updated to reflect proper spelling.

A patron, believed to be a male, fell off the Ride of Steel roller coaster (also known as Superman) this afternoon and died at Darien Lake Theme Park, according to Genesee County Sheriff Gary Maha.

No other information is available at this time.

UPDATE (8:20 p.m.): According to a park spokesperson, the victim is an adult male. The accident happened at about 5:30 p.m. The ride and surrounding area are closed while the incident is under investigation.

The following arrests were made by the Genesee County Sheriff's Office in conjunction with the Tim McGraw concert at Darien Lake Performing Arts Center on Saturday.

Jordan M. Kuhn, 24, of Salzburg Village, Palmyra, is charged with criminal possession of stolen property, disorderly conduct and harassment, 2nd. Kuhn allegedly struck a Darien Lake security officer in the face and then fought with security. He was also allegedly found to be in possession of a stolen sign belonging to Darien Lake. Kuhn was jailed on $1,000 bail. 

Crystal M. Norris, 26 of Salzburg Village, Palmyra, is charged with harassment, 2nd. Norris is accused of pushing a Darien Lake security guard during the arrest of Kuhn.

Mark P. Scally, 27, of Norhill Drive, Rochester, is charged with criminal possession of a weapon, 4th, and criminal possession of a controlled substance, 7th. Scally was allegedly found in possession of drugs and an expandable billy club.

Stephen J. Csapo, 20, of Commerce Drive, Avon, is charged with trespass. Csapo allegedly reentered the facility after being ejected and told not to return.

Thomas J. Metacale, 21, of Main Street, Hornell, is charged with trespass after allegedly refusing to leave the concert venue after being ejected. 

Joseph M. Cicero, 21, of Carter Road, Fairport, is charged with trespass. Cicero was ejected from the concert venue and then allegedly tried to reenter by jumping a fence.

Maureen K. Freeman, 20 of North Avenue, Avon, is charged with trespass. Freeman allegedly returned to the concert venue after being ejected.

Joshua D. Caples, 20, of Oswego Road, Phoenix, is charged with disorderly conduct. Caples is accused of urinating on other people in the lawn area of the concert venue.

Robert P. Coots, 34, of West Transit Church Road, Albion, is charged with DWI and driving with a BAC of .08 or greater. Coots allegedly drove from the concert venue in an intoxicated condition.

The following citations were issued for allegedly possession of alcohol under 21 years of age:

Katrina L. Schmieder, 19, of Route 98, Attica
William Ruiz III, 18, of Maryland Street, Buffalo
Mitchell P. Hamilton, 19, of Route 36, Jasper
Tyler S. Odell, 20, of Route 36, Canisteo
Kristin K. Pierce, 20, of East Avenue, Arkport
Cody J. McCormick, 20, of 4th Street, Canisteo
A 17-year-old of Captain’s Cove Lane, Webster
A 16-year-old of Bay Meadow Drive, Webster

Pictured are John White and Ben Zhao, both of Clarence, who were two of many youngsters who came to Darien Lake Theme Park yesterday to get free tickets.

Why do they get such special treatment? Well, the short answer is that they could be helping bring a fortune into Genesee County.

John and Ben are two of almost 1,600 kids, ages 12 to 18, who are competing in the Darien Lake Baseball Tournament, which starts today and involves youth from all over the Northeast and part of Canada.

According to Kelly Rapone, who works for the Genesee County Chamber of Commerce, there are a total of 106 teams, with 15 kids on each team. Kids from outside of Genesee County will, of course, be accompanied by their families.

This is likely to be a major boon not only for Darien Lake Theme Park -- which is sponsoring the tournament -- but also for the county in general. In addition to Darien Lake tickets for the kids, all visiting families receive welcome packets with visitors' and dining guides.

But what exactly is this tournament, and how did it come about?

According to Rapone, this is a "public-private venture to grow our economy through sports."

It all started a couple years ago with a conversation between Chris Suozzi of Genesee County Economic Development Center (GCEDC), Neil Turvey of A-Turf (a Cheektowaga-based company that specializes in synthetic grass surfacing for sports fields), and former Senator Mary Lou Rath. They met to discuss possible opportunities for Genesee County.

"There are a lot of synergies right here (in Genesee County)," Suozzi said. "Our location is real prime -- right on the New York State Thruway, between Buffalo and Rochester."

Suozzi and Turvey then got involved with Tom Lichtenthal, the Town of Batavia engineer, and Craig Yunker, who owns the Batavia Turf Farm on Bank Street Road.

Up until now, the Turf Farm has mainly been used for youth soccer games. Turvey would like to develop a baseball training center there, as well as space for baseball and softball games next to the soccer field.

Turvey, of Lockport, said this "is just phase one."

"We hope to eventually have 11 fields for baseball and softball."

Before taking on the ambitious task of "taking baseball (in Genesee County) to the next level," as Suozzi put it, he and Turvey wanted to have a baseball tournament  here to see if it would be successful.

Suozzi said this idea came from an observation of how well local soccer teams have done with their tournaments.

With this in mind, and having connections with Darien Lake, he set up a meeting between himself, the theme park's general manager and Turvey. It was agreed that Darien Lake would sponsor the tournament.

"Our hope is that this will be economically impactful," Suozzi said. "When people and families come in, it brings sales tax dollars to our community. That's something people don't realize -- events like this are a real draw for that."

"We're expecting to see somewhere in the neighborhood of 2,000 people this weekend," Turvey said, "and around 7,500 people total."

The teams are divided into three groups: 10- to 12-year-olds, 13- to 15-year-olds and 16- to 18-year-olds. The 10- to 12-year-olds are playing today and tomorrow at Pembroke High School, at 8750 Alleghany Road in Corfu, and at the Pembroke town park, which is right behind the high school.

Next weekend (June 11-12), the 13- to 15-year-olds will play at three Batavia sites -- Batavia High School at 260 State St., John Kennedy Elementary School at 166 Vine St., and GCC at 1 College Road -- and Barrie Park, just outside of Albion.

Finally, the 16- to 18-year-olds will play Saturday, June 18, and Sunday, June 19 at these same four locations and at Pembroke High School.

Four games are played at each location every day of the tournament. Start times for each game are 9 a.m., noon, 3 p.m. and 6 p.m. They are free and open to the public, and food is available.

As difficult and time-consuming as it has been to coordinate this whole thing, Turvey is grateful for the amount of support the tournament has gotten from the Genesee County community.

"Everybody's been fantastic," he said. "The government agencies, the hotels, the chamber...the schools have also been very supportive."

If you have any questions or would like more information, call Turvey at (716) 462-8155. I spoke with him a minute ago, and he said that today's games are still on; they're just waiting for the weather to clear up a bit.

SUPPLEMENTAL PHOTOS:

A rather "impressive" wooden bear guards the entrance to the Darien Lake lodge (right near where the kids came to pick up their tickets). Here he is a bit more close up.

This evening, at Darien Lake State Park.

A fire is reported at Darien Lake Theme Park inside the human resources center. Smoke is visible.

Darien fire is dispatched.