darien lake theme park

Darien Lake Theme Park is getting back to basics -- entertaining families and celebrating its Western New York roots.

Symbolic of that theme was the grand opening today of the 2013 season with a ceremony honoring Paul Snyder, the founder of Darien Lake Fun Country, which was primarily a campground until 1981, when Snyder opened an amusement park.

Snyder, now owner of Beaver Hollow in Java, said he wanted to create a family-oriented atmosphere and he's glad to see Darien's current owners, Herschend Family Entertainment, putting more emphasis on family rides and attractions.

"They've turned it back into a family-oriented resort," Snyder (top photo) said. "I think when Six Flags owned it, they made it kind of a hard-ride park for teenagers and young adults. It was different and harder and I think (the present ownership) has done of good job of turning it back into a family-oriented park. They've done a good job."

New this year is an area called Boardwalk, which features a renovated carousal and Blast Off, a brand new ride that General Manager Bob Montgomery called a "family thrill ride."  It simulates the feeling of "riding a rocket ship to the moon," generating four Gs of air-powered force.

Also new this year is an Anchor Bar food stand, which fits into a growing trend at Darien Lake to feature things that make WNY special. The original Anchor Bar in Buffalo, of course, is where buffalo wings were invented.

The park also serves two other WNY delicacies, Perry's ice cream and Sahlen's hot dogs.

Local music will also get a little extra attention this summer with local bands being invited in for a summer-long battle of the bands.

One of the upgrades to the carousal was decorating it with paintings of WNY scenes (two photographs by Howard Owens were turned into paintings for the carousel -- a picture of a barn in Stafford and a sunrise over Harlow Lake (pictures below).

All of Herschend's parks feature regional themes, Montgomery said, but it's also what the company's research showed people wanted as part of the Darien experience.

Even our Canadian visitors, they're coming to a different country and they wanted an experience that reflected that," Montgomery said. "That's why we began the relationship with Anchor Bar. That's going to be appreciated by our local visitors, but by the people that come from further away as well."

The park's light show has also been upgraded into a bigger laser and fireworks show called "Ignite the Night."

The creation of Broadwalk, installation of Blast Off and creation of "Ignite the Night" was a lot to take on over the off-season, Montgomery said, so the push toward more WNY touches is far from over. There's only so much that can be done during a single off-season.

"You'll see that more and more as we make our way around the park with renovations, bringing those things in," Montgomery said.

Snyder is clearly proud of what the park he started as become and said it's something Genesee County should treasure.

"Darien Lake is the largest privately owned attraction in the State of New York," Snyder said. "A lot of people don't know that, the fact that it employs thousands of young people every year and that employment probably helps keep those kids working and out of trouble -- there's just so many benefits that flow from the investment of hundreds of millions of dollars at this point, it's unique and special."

Press release:

The legendary Buffalo, N.Y., Anchor Bar franchise announced today they will be cooking up wings in a whole new way this summer, with the opening of their newest location at Darien Lake Theme Park. The new in-park Anchor Bar opening will coincide with the first day of the park’s 2013 season on May 11th. When guests visit the new in-park Anchor Bar, they can expect the same authentic wings at the same prices but in an exciting new atmosphere. 

“We’re thrilled to bring a Western New York favorite like Anchor Bar to the park this season,” said Bob Montgomery, Darien Lake general manager. “Guests can now grab a bucket of crispy original buffalo wings, and relax on the outdoor deck at Anchor Bar all while surrounded by the fun and excitement you’d expect from Darien Lake.”

“Opening a new location at Darien Lake is a very exciting moment for Anchor Bar,” said Ivano Toscani, president, Anchor Bar Franchises. “We couldn’t be happier that our latest business partnership is with one of the most fun places in Western New York.”

The in-park Anchor Bar is part of several cosmetic and capital improvements this season at Darien Lake designed to bring the park back to its Western New York roots. Improvements include: the latest ride addition to the park, Blast-off, a spaceship like thrill ride that skyrockets guests into the air at 4g speeds; the $1 million Ignite the Night laser show; and the all-new Lakefront Boardwalk area, which is a tribute to the region’s lakes and is also the location for the new Anchor Bar.

Darien Lake is also partnering this season with several other local businesses including Tim Hortons, Webers Mustard, Sahlen’s Hot Dogs, and Perry’s Ice Cream.

The Genesee County Economic Development Center Board of Directors has approved assistance with the following projects:

Darien Lake Theme Park. Darien Lake is planning new cabins and new rides for 2013. The total investment by Darien Lake is $5.2 million and theme park management sought assistance with $1.9 million of the investment. The board approved a PILOT (reduced property tax on the increase in assessed value due to the improvements) worth $147,339 over 10 years. The project will also save $132,000 on sales tax for construction materials. The project is expected to generate six additional full-time equivalent jobs. Darien Lake employees more than 400 FTEs.

Reed Batavia Properties, LLC. Reed is in the process of purchasing the former Batavia City Schools administration building at 39 Washington Ave., Batavia. The company is planning $1.525 million in improvements to the building, converting it to medical offices. The GCEDC board approved a $76,361 PILOT, $52,000 in sales tax exemption, and a $12,500 mortgage tax exemption. The project is expected to generate six new jobs.

Batavia Hospitality, Inc. (Days Inn / Super 8). The company is planning on investing $530,000 in building improvements, including a new pitched roof, exterior facelift and interior upgrades. GCEDC's board approved a PILOT worth $54,198 over 10 years and sales tax exemption of $28,000. The project is expected to create five new jobs and help retain 16 jobs.

Attorneys for the estate of James T. Hackemer and Darien Lake Theme Park have reached a settlement in the wrongful death lawsuit filed by Hackemer's family, according to the Buffalo News.

The decorated and disabled Iraq War veteran died at the theme park in July 2011 when he was ejected from the Ride of Steel while on an outing with his family.

The Buffalo News reports that as part of the settlement, Darien Lake does not admit liability but will provide Hackemer's daughters, both under age 10, an annuity with a total value that exceeds $1 million.

“Darien Lake and its management are relieved to settle this case,” said Hugh M. Russ III, a lawyer for the amusement park. “And while they admit no liability, they did feel obligated to help care for Mr. Hackemer’s two children.”

The exact amount of the settlement is confidential under terms of the agreement.

Saturday was the first big test for a new pedestrian access policy at Darien Lake and while officials are satisfied with the results overall, they admit there are some kinks to work out.

On the positive side, officials said, traffic control after the concert was much better than used to be expected for a sold-out concert.

On the negative side, there was some confusion over what to do with taxis, how to handle passenger drop-offs and dealing effectively with people trying to circumvent the policy.

Cherry Hill Campground was open for concert parking and apparently tried to establish a private vehicle shuttle service for its patrons. 

Part of the terms of service now for ticket holders is there is only one vehicle entry and one vehicle exit per person and you must have a valid ticket to come onto the property.

Drivers of cars observed coming off The Hill were threatened with arrest for criminal trespass when they were observed coming in through Employee Road and then leaving immediately.

Many of the dozens of people who tried to walk in through Employee Road managed to bum rides from other concertgoers in cars. Of course, they became pedestrians after the concert trying to exit the venue on Employee Road.

Those people were told either to walk to the main gate to leave or to the exit point at the east side of the property.

Officials wanted to keep Employee Road open for vehicle traffic, so a strict no-pedestrian rule was enforced.

"The overall objective is just to make the traffic flow smoother and just create a safer environment for our guests," said Darien Lake General Manager Bob Montgomery. "To that extent, it’s working. If we’ve got a few little leaks here and there, we’ll correct them were we can. If people are really working hard to beat the system, I guess they can if they think it’s really worth all the effort."

Some issues will just work themselves out, Montgomery said, as guests become more familiar with the new system and fewer of them are willing to hassle with private lot parking.

From just before 5 p.m. until shortly after 8 p.m., vehicle traffic to Darien Lake was gridlocked from both the south and the north.

While some concertgoers blamed the new parking policy for the stop-and-go entry, Chief Deputy Gordon Dibble, of the Sheriff's Office, said he doesn't see the connection.

"We've had traffic being backed up in the past when the private lots were open, so I don't see that being the issue," Dibble said.

What surprised authorities, Dibble said, was how relatively few concertgoers started arriving at noon or one o'clock.

Typically, a Saturday concert attracts a lot of early arrivals, and this show didn't for some reason. Many people waited until later in the afternoon to arrive, which meant more people trying to drive in closer to showtime.

Dibble said he spoke to some patrons prior to the show who said they expected other concertgoers to come early, so they decided to come late.

There also seemed to be a higher number of concertgoers coming from the south of Darien.

"There’s something about this place," Dibble said, "that no matter how long you work out here, when you think you’ve got it figured out, there’s just something to do with who the band is, whether they're drawing from the Rochester market, the Syracuse market, the Canadian market, that makes a little different pattern. To a degree it’s unpredictable, it really is."

The worst traffic-related incident prior to the show occurred just before 8 p.m. when the passenger of a vehicle stuck in traffic jumped out of the car and ran into the path of a motorcycle heading south.

Jessica Freeman, 23, of Rochester, suffered head and facial injuries and is in critical condition at ECMC, where she was flown by Mercy Flight.

Prior to the show, concertgoers turned away at Employee Road were clearly frustrated, some of them, but didn't hassle police or security about the policy.

One group of three young men did manage to talk their way onto Employee Road and enter the venue.

Apparently, they had bought their tickets and made their reservations at Cherry Hill Campground in June. After the new policy was announced, one of them had an email exchange with officials at Darien Lake and was told, incorrectly by somebody, that they would be allowed to walk onto the property.

Gerald Rakestraw, VP of development for Darien Lake's owner, Herschend Family Entertainment, was at property Saturday both observing and supervising implementation of the new policy.

He snapped an iPhone picture of the young man's email and then allowed the trio to walk up Employee Road into the venue.

The biggest conflicts of the night came after the concert was over and some people tried to exit the venue on Employee Road.

Rakestraw had predicted some 500 people would try to leave via Employee Road -- far fewer than the thousands walking out in concerts past.

The actual number of pedestrians trying to leave on Employee Road was probably far fewer than 500.

Most were cooperative when told to head in another direction.

One gentleman who was highly intoxicated got lost in the employee parking lot (which was used for regular guest parking last night).

Two people were arrested after apparently wearing out their welcome, so to speak, arguing with deputies about the pedestrian policy.

Rebecca A. Pickem, 25, of Olive Drive, Baldwinsville, discussed the situation with a couple of different cops, went round and round with Sgt. Tom Sanfratello. After several minutes of discussion, Sanfratello told her to leave or she'd be arrested.

Her alleged reply: "I guess you'll have to arrest me," which at that point became a refusal to follow an officer's order, so she was arrested.

Her companion, Tyler A. Vincent, 24, of Olive Drive, Baldwinsville, wouldn't leave and was also arrested.

Reportedly, Pickem and Vincent had parked their vehicle more than two miles from the concert facility and were apparently concerned about how to get back to their car.

The thing is, if Pickem and Vincent had been a little more patient, they were two minutes away from a cab ride to their car.

Sgt. Steve Mullen had called a cab for them.

There was another group of young ladies, four of them, who were stranded at the park. They were reportedly staying at the Attican Motel. The Attican charged them $20 for a shuttle ride to and from the show, according to Mullen. When the driver dropped them off, he reportedly informed them the shuttle might not be available for a ride back to the hotel.

When the women called the motel, they were reportedly told the van had broken down (Note, I was on Employee Road when I saw the van, with Attican Motel written on it, pull into the parking area).

Mullen called a cab for the young ladies and escorted them out to Sumner Road and waited with them for the cab.

By the time Mullen returned to bring Pickem and Vincent to their cab, they were already in custody.

While all of this was going on, there was a young Canadian woman in full agitation mode, running around from one cop or security guard to another yelling at them, hurling insults and threatening to call the Canadian Embassy.

Deputies said she had been difficult to deal with prior to the concert when she tried to walk into the venue.

After the show, she claimed her "bestfriend" had gotten separated from her and her other friend during the concert, three hours prior to her first notifying law enforcement.

She gave three different ages for her missing friend and changed the clothing description.

Any time an official would try to ask her questions about her friend and their travel plans, she would just start yelling again.

She also claimed she wanted to walk out of the facility, but continued to yell at deputies for not doing more to find her friend.

At one point, she yelled at a deputy, "I hope your daughter gets raped some day."

There was another young woman from Canada who was also missing her travel companion, another young woman. She was calm, but clearly worried about her friend.

At 1:30 a.m., Darien Lake security officials were still involved in trying to help both young women locate their friends.

At 1:30 a.m., all Darien Lake parking lots were empty, which under normal sold-out concert nights was at least an hour earlier than might be expected.

Dibble said with Sumner Road free of traffic from private lots, it was much easier to get cars out of the parking lots. Both lanes of Sumner Road could be used for traffic leaving the facility. If not for a couple of minor accidents on Sumner Road, patrons would have gotten out even quicker.

While there were 15 arrests at the concert, the majority of them were related to the new policy, such as three people accused of climbing the new fence to try and gain access to the property.

I spent two hours at the entry gate known as "South PAC," where concert security will bring any unruly patrons for deputies to deal with and potentially arrest or release. South PAC is normally bustling with activity during a concert. During the two hours I was there, not one patron was escorted from the concert.

Batavia resident Carrie Hylkema, who's attended several country shows at Darien Lake, was at the show Saturday as a volunteer for a beer concession set up to raise money for Batavia Ramparts.

She said the atmosphere Saturday was very different from any country show she had ever attended at Darien Lake.

She said concertgoers were much less aggressive than she's seen in the past.

"A lot of times we come driving in, whether we’re working the concert or just going to the concert, you can see it’s out of control before you even come into the gates," she said. "It just seemed more managed tonight. My husband I both commented tonight that it just seemed more in control."

Some of the explanation for the mellower atmosphere, Dibble said, is the fact that so many people came later to the show, got caught in traffic, and had less time to get intoxicated in the parking lot before the concert.

"I’d like to think the underage drinking work that we’ve been doing is paying off, too," Dibble said.

There were 48 underage drinking citations issued Saturday, which is far fewer than have been issued at big country concerts over the past two seasons.

Among the kinks in the system Saturday was what to do with taxi cabs. The plan was, officials said, to only allow cabs into a designated area after 10 p.m. -- for pick up only, not for drop off. But cabs were entering the facility prior to the show.

There was also some confusion over how parents dropping off concertgoers were to enter and leave the facility.

Montgomery acknowledged he and his staff are going to need to figure out these issues for future concerts.

"What we'll do with the team here is, we'll meet again tomorrow and kind of put those issues on the table," Montgomery said. "There's nothing big, nothing that would be a big concern. You're right about the issue with taxis and where do we place them. We want to go back specifically and address that. That's one of the issues that stood out."

Traffic entering the venue, heading toward the main gate, backed up on Sumner Road, with a group of pedestrians in the distance getting into a passenger vehicle offering them a lift.

Pedestrians being told they would not be allowed to walk into the venue.

This vehicle came down off The Hill and is heading toward the main gate.

A trio of concertgoers (third person already in the back seat) get a lift into the venue.

A vehicle that had allegedly previously come off The Hill and delivered concertgoers into the venue gets a trespass warning, and would not be allowed in with another group.

Another driver allegedly issued a trespass warning.

This gentleman was eventually allowed to walk on Employee Road and into the venue after displaying an email from Darien Lake saying that he would be allowed in on foot.

Subject taken into custody after allegedly refusing a police officer order to leave the facility.

Concertgoers party in a 1968 stretch Checker Cab.

A reportedly highly intoxicated individual is taken into custody, charged with disorderly conduct, after allegedly causing a disturbance in a parking lot at about 11 p.m.

This photo submitted by a reader. One concertgoer decided to drive his tractor to the show.

The Genesee County Economic Development Center is helping the owners of Darien Lake Theme Park refinance $57.5 million in loans by authorizing a mortgage tax exemption of $719,062.

According to a GCEDC release, the bank refinancing the loans is -- for an unexplained reason -- requiring a new mortgage on the property, which is triggering a mortgage tax.

The theme park is owned by Georgia-based Herschend Family Entertainment, which has invested approximately $15 million in upgrades to the facility.

There are 400 full-time equivalent jobs at Darien Lake with an annual payroll of $11 million and the park generates $2.5 million in revenue for local governments and school districts through property and sales taxes.

For a concert that drew more than 20,000 people, the Dave Matthews Band show at  Darien Lake Performing Arts Center was largely uneventful.

There were the usual trespass and harassment arrests -- a dozen people total were taken into custody -- but no major fights or serious crimes.

The most notable arrest came early in the evening when Matthew D. Battiston, 20, of Lehn Springs Drive, Williamsville, and Kathryn D. Brown, 19, of Brenridge Road, East Amherst, were caught climbing the cell tower on the east side of the park, allegedly without permission.

Battiston and Brown were both charged with criminal trespass, 3rd, and released on pre-arranged bail of $125 each (pre-arranged bail means they didn't appear in court, but put up the cash in the security processing trailer at Darien Lake).

Brown's mother was at the concert and picked her up. Battiston's mother drove from her home and paid his bail.

Battiston told deputies that what he did was "really stupid."

"This is the last place I would expect to be," said Battiston while handcuffed to a chair in the security trailer. "I'm really embarrassed."

Brown was treated for minor cuts on her legs suffered as she climbed over the barbwire-topped fence around the cell tower.

Both Battiston and Brown were fully cooperative with law enforcement during their arrest and processing and Battiston said they hadn't been drinking.

It might surprise readers to know that not every person that gets kicked out of the concert venue is arrested.

At one point during the evening, near the end of the show, a patron was escorted out of the venue in a wrist lock (deputies do not enter the concert area). Deputies interviewed him for about 10 minutes and then released him.

A deputy said that the man had gotten into a verbal argument with his girlfriend and a group of intoxicated males started yelling at him and pushing him, so he ran from the encounter, which caused security to grab him for possibly causing a disturbance.

The deputy said it's not uncommon for men to get into a verbal argument with their date and have intoxicated males intervene.

Then there are the guys who could probably avoid arrest if they were just a bit more cooperative after getting escorted from the venue.

One gentleman (I've not been able to confirm his name from the arrest report) was brought outside and handed over to a deputy, being told by security, "Show them your ID, all of your ID, including your badge."

Apparently, the man had claimed inside the venue to be a deputy.

However, as a security supervisor interviewed him, the conversation seemed to be going pretty well. He might have been able to talk his way out of an arrest, but he suddenly yelled (by suddenly, we mean without apparent provocation), "Don't yell at me!"

He then started yelling, "Just arrest me, just arrest me, I know you want to do it anyway!"

At that point, he turned to Deputy Jason Saile and started yelling at him that "you might as well arrest me." 

The man then turned around and yelled a string of profanities at Deputy Lonnie Nati. After a minute of this, Nati said, "That's it. You're under arrest."

My evening ride-along with the Sheriff's Office began with Sgt. Steve Mullen.

For the part of the shift I was with Mullen, he was stationed at the entrance known as North Pack. Mullen was there to assist event security with any problems that arose, which typically involve an already overly intoxicated person trying to enter the concert venue.

If you're too drunk, Darien security will keep you out.

One woman who was with her date and another couple were stopped by security and Mullen was called over to check her sobriety. A friend told Mullen that the woman was on medication, which made her appear more drunk than she was.  Mullen administered a breath test and showed the results to an event security officer who said simply, "she's not getting in."

Later, I rode in a gator with Sgt. Tom Sanfratello and two members of Darien's security team to South Pack, another entrance.

It was at this location that I observed two of the events described above.

From there, we went to Employee Road for "The Dump," when the concert is over and the majority of people leave.

The Dump is the time when most of the fights occur and people become frustrated by the two-hour process of driving out of the parking lot.

On Tuesday, there were only two minor altercations reported, both broken up and dispersed by the time deputies arrived on scene.

As The Dump winds down, deputies begin "The Push." They drive through the parking areas in golf carts and gators advising anybody who is lingering that the parking lot is closing.

There's a few dozen people at this point either hanging out in lawn chairs enjoying a late night snack or sleeping in their cars.

There appears to be enough trash on the ground to stuff a small landfill. Nobody takes their empties with them.

After the jump (click on the headline to read more) a photo tour of the evening followed by the complete Sheriff's Office press release of arrests and citations.

Press release:

Darien Lake has announced an open casting call from 5 to 5:30 a.m. on Tuesday, July 3 at the park administration building located at 9993 Alleghany Road in Darien Center.

The park is looking for extras for the City TV/Breakfast TV live shoot, which begins filming on Tuesday at 6 a.m. Men, women and children of all ages are welcome to attend. For their participation, the first 100 guests will each receive an admission ticket valid for a visit any one day during the 2012 season. Interested parties can park and check in at the administration office located at 9993 Alleghany Road, Darien Center, NY 14040.

NOTE: Every guest is required to complete a waiver (provided by the park) and receive one good-any-day admission ticket at check-in. Upon concluding the shoot, all guests will be escorted off the midway. *For same-day use, guests can reenter the park at 10:30 a.m. via the general parking lot and main gate.

A deputy is in the parking lot of Darien Lake Theme Park investigating a complaint of a dog left in the car.

"It's a very angry cattle dog who isn't going to be taken out of this car without somebody being seriously hurt," the deputy tells dispatch.

He said the windows are tinted and the owner put a blanket in the front windshield to help keep the heat out.

There was a water bowl left in the car, but it's now empty.

Although "angry," the dog is described as in good spirits and not in any distress.

Darien Lake security is going to attempt to locate the owner in the park.

UPDATE 2:52 p.m.: Security is going to keep an eye on the animal and if it shows signs of distress, contact animal control.

Darien Lake Theme Park had a media day yesterday, but I got there way late (finishing up the Ranzenhofer story took up most of my day yesterday) so just about everybody was gone and all but one of the new rides was shut down.

Still, I grabbed some photos of the new rides.

The park has turned over pretty much all of its management and with the changes comes a new energy. Besides the new rides, there are other differences at the park. After the jump (click on the headline to read more) is a press release from April 2 about the new rides and other changes. After that is a press release about today's grand opening for the season.

After a summer filled with bad publicity, Darien Lake Theme Park's owners, Herschend Family Entertainment, has announced changes in its top management at the park.

A veteran of the company, Bob Montgomery, has been named vice present and general manager of the park.

Chris Thorpe, who led the park staff through the accidental death of a patron and the closure for unrelated mechanical reasons of the park's signature ride, is now the assistant general manager and will report to Montgomery.

Rochester resident Steve Hallowell, a former director of marketing for Kodak, has been named director of marketing for Darien Lake.

For previous coverage of events at Darien Lake, click here.

Press release:

Darien Lake Theme & Water Park Resort (Darien Lake) has named Bob Montgomery as the park's new vice president and general manager. Montgomery has been employed by Herschend Family Entertainment (HFE), the management company of Darien Lake, for over a decade. Prior to HFE, Montgomery worked as vice president of operations and development at LEGOLAND, director of operations at Toronto's C.N. Tower and director of attractions at Canada's Wonderland, the top two attractions in Canada.

Darien Lake also appoints marketing veteran and Rochester, New York, native Steve Hallowell as director of marketing. He has 25 years of marketing experience and a long tenure at Eastman Kodak Company in Rochester, most recently serving as director of consumer experience marketing.

"The combination of entertainment and accommodations offered at Darien Lake are unique in the industry, and I am excited about this opportunity," said Montgomery. Prior to moving to Darien Lake, Montgomery worked at Wild Adventures, also an HFE property, as vice president and general manager. "The community has a lot of enthusiasm for Darien Lake, and I look forward to leading this great vacation destination, especially as we introduce three new family rides this year."

In his new role, Montgomery oversees all aspects of the park. Chris Thorpe now serves as assistant general manager at the park, reporting directly to Montgomery. Thorpe is responsible for employee development and relations.

Steve Hallowell leads the marketing department with a unique local perspective. "I look forward to working with the marketing team and the Buffalo and Rochester communities to attract even more guests to our park and accommodations," said Hallowell. "As a father of two teenage boys who love to visit the park with their friends, this job definitely promotes me to cool dad."

A power outage that began this morning before the park opened has 10 rides closed at Darien Lake Theme Park, according to spokeswoman Cassandra Okon.

Darien Lake staff is investigating the loss of power and officials aren't sure when the rides will reopen.

Okon did not say which rides are closed.

Staff is unsure at this point if the power outage is due to a technical glitch with National Grid or a problem within the park itself.

Sgt. James Hackemer, who died July 8 after being ejected from the Ride of Steel at Darien Lake Theme Park, boarded the roller coaster wearing a Brown Fox racing hat.

As the ride crested a hill on the east side of the ride, Hackemer's hat flew off his head. Witnesses described Hackemer reaching for the hat just before he was ejected from the ride.

Witness statements were obtain by The Batavian along with a complete Sheriff's Office report on the death of Hackemer through a Freedom of Information Law (FOIL) request.

They provide a few new details of the events surrounding Hackemer's death, including information that seems to contradict the official findings by the Department of Labor (DOL) that ride operators failed to comprehend ride rules and instructions.

Though there is still no explanation for why operators allowed Hackemer to board the Ride of Steel at about 4:30 p.m. that day.

The DOL report released Aug. 16 states:

After exhaustive review of all the documentation and interviews, it appears that the ride operator and ride attendent training materials met the requirements of the manufacturer; However, issues concerning the employees' comprehension of the training material and their ability to retain the associated requirements of their positions, specifically in reference to rider restrictions, became apparent.

Sheriff's Office investigators obtained written statements from all five Darien Lake employees associated with the ride at the time of the accident. The statements, written in each employee's own hand, demonstrate no inability to comprehend English.

Four of the employees are from Western New York and while a fifth is a Jamaican student in the United States on a student work visa, his statement doesn't demonstrate any inability to communicate in English.

Each employee was also required by Darien Lake management -- sometimes more than once in 2011 -- to sign statements indicating they had completed and comprehended required training.

According to a report prepared by lead investigator Sgt. Steve Mullen, the DOL's safety and health inspector -- Brian C. Kock, assigned to the industry inspection bureau -- informed him that all of the employees had taken and passed written exams on ride safety.

The training checklists shows the employees were trained in, among other things, height-checking procedures, ADA (Americans with Disabilities Act) loading and boarding procedures and standard operating procedure.

The training manual, as well as rules posted at the entrance and exit to the Ride of Steel, state explicitly that a person must have two legs to board the coaster.

The coaster has no shoulder harness, only a T-bar lap restraint and seat belts.

The DOL report said the restraints are designed to hold a patron in the ride not only at the lap, but also at the shin.

Hackemer, an Iraq War veteran, lost both of his legs, including one leg up to his hip, to a roadside bomb.

On July 8, Hackemer, along with his sisters, a nephew and his 4-year-old and 3-year-old children, checked into rooms at the Darien Lake Hotel two hours before Hackemer and nephew went to the theme park.

Upon entering the park, employees directed Hackemer to the guest information booth for ride safety instructions. Hackemer was offered a brochure on safety procedures at each ride, but claimed to already have a copy and refused it. He was then given instructions on how to board rides at the park.

Hackemer, wearing white shorts and a neon green T-shirt, and his 19-year-old nephew who was visiting from Maryland then proceeded directly to the Ride of Steel.

Three of the ride attendants write in their statements that they saw Hackemer board the ride -- being lifted into his seat by his nephew -- and noticed that he was missing both legs.

The statements give no indication that any of the operators thought any further about his handicap, discussed with him his ability to ride the roller coaster, sought out a supervisor's advice or otherwise took any steps to question whether Hackemer should be allowed on the ride or detain him in anyway.

The statements also indicate that the attendants knew nothing about Hackemer's situation, that he was a disabled Iraq War vet, at the time. He is described merely as a handicapped man seen getting on the ride.

Two attendants checked safety restraints for each of the riders in the cars. A third attendent checked an operation board that would display a red light if any of the T-bars were not locked in place. With all lights green, the two operators at two different control panels gave the all-clear signs and pressed their respective buttons to start the ride.

When the ride returned, passengers were screaming that a rider had fallen from one of the cars. All three operators on the boarding platform immediately noticed that Hackemer's seat was empty but that the restraints were still in place.

Witnesses on the ride all described seeing Hackemer's hat fly off his head and him reaching for it before seeing his body fly from his seat.

Hackemer's nephew described the ride coming to the crest of the hill and that he, the nephew, felt his own body lift out of the seat and then he saw his uncle fly from the car.

Evidence gathered at the scene indicate that Hackemer hit the front of the car and that Hackemer died instantly of blunt force trauma to his head.

An emergency medical response from the Darien Lake Fire Department and Mercy Flight was cancelled before law enforcement arrived on scene.

The veteran's dog tags were found on the ground near his body.

When the car pulled into the Ride of Steel boarding platform, one of the attendants said Hackemer's nephew was sitting in the front of the car not moving or saying anything.

Mullen did not request a written statement from the nephew because of his emotional and physical state. The nephew's statements contained in the report are from a verbal interview with him while he was at the theme park's medical station.

The ride attendants were an 18-year-old from Silver Lake, a 21-year-old from Lockport and a 23-year-old from Hamburg. 

The Jamaican exchange student, a 21-year-old living in Batavia for the summer,  was posted at the ride entrance and was in charge of ensuring riders were at least 54-inches tall. The Jamaican also saw Hackemer board the ride and noticed Hackemer was missing both legs.

Since Hackemer came in through the exit, which is point of entry for disabled patrons, there was apparently nobody in place to check his height. Hackemer was 47-inches tall on his left side and 39-inches tall on his right side.

The last employee to give a statement was a 24-year-old supervisor from Spencerport who arrived at the Ride of Steel just as Hackemer's car was arriving at the boarding platform. She did not witness Hackemer boarding the ride.

The Batavian is not releasing the names of the operators because there are no criminal charges anticipated. 

The Ride of Steel was closed for the season last week after an unrelated mechanical failure earlier this month.

There will be no more rides on the Ride of the Steel in 2011.

Darien Lake Theme Park is taking the roller coaster out of commission to complete repairs.

“While we regret to inform our guests that the roller coaster will be down for remainder of the season, we still have a large variety of rides and attractions for guests of the park of all ages to enjoy," said Christopher Thorpe, general manager of the park.

The Ride of Steel was closed Aug. 11 and riders evacuated after a chain fell off of it.

The ride operators who allowed Sgt. James Hackemer to board the Ride of Steel at Darien Lake Theme Park on July 8 did not comprehend the instructions they were given regarding minimum ride requirements, according to a NYS Department of Labor Report.

The report was obtained by Buffalo TV station WIVB through a Freedom of Information Law request.

The report (PDF) also says that Hackemer went to the guest services booth to inquire about handicap access to rides and was given instructions on how to use exit ramps to access the rides. The report indicates that no one at guest services advised him not to board any rides, but he was offered a brochure listing physical requirements for all of the park's rides. Hackemer reportedly refused the brochure saying he already had a copy.

At 4:30 p.m., Hackemer -- who had lost his left leg and hip and part of his right leg to a roadside bomb in Iraq -- along with his nephew, entered the Ride of Steel boarding area through the exit ramp and stopped at the gate adjacent to the unload platform.

The unload attendent notified the ride operator that a disabled guest needed to board the ride.

Hackemer and his nephew, who assisted the war vet, were then allowed to board the ride in car 11.

The report indicates neither operator made any attempt to prevent Hackemer from boarding the ride.

According to witnesses, shortly after cresting the third hill, Hackemer was ejected from his seat.

The report states that the restraint system of the ride is specifically designed to lock the passenger's shins in place to help ensure a rider cannot fall out or be ejected.

"After exhaustive review of all the documentation and interviews, it appears that the ride operator and ride attendent training materials met the requirements of the manufacturer," reads the report. "However, issues concerning the employees' comprehension of the training material and their ability to retain the associated requirements of their positions, specifically in reference to rider restrictions, became apparent."

At a press conference July 22, General Manager Christopher Thorpe would not answer questions about the ride operators, including their immigration status. Reportedly, Darien Lake annually employs about 300 students who are in the United States on J-1 visas.

It's unknown if the ride operators were exchange students or residents of Western New York.

The DOL report notes that upon the recommendation of inspectors, Darien Lake's management has instituted a new training program, created new training materials and instituted an audit program to ensure ride operators understand the safety restrictions of Darien's rides.

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.

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.

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.