Six Flags Darien Lake

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.

April 2 press release:

DARIEN CENTER, N.Y., April 2, 2012 — Darien Lake announced today the addition of more than $5 million in new attractions and significant park upgrades, as well as a new lower price on four-pack Season Passes.

When the park opens for the season on May 12, guests will have more to see and do than ever before, with the addition of three new family rides, internationally acclaimed live entertainment, new cabins, and upgrades to RV sites and the lodge.

• New family rides. The new “Rowdy’s Ridge” family area will open this season featuring three, brand-new, fun-for-the-whole-family rides. Moose on the Loose is a fun backwoods adventure on a “runaway moose” with funny encounters along the way. On Heave Ho!, riders pull themselves up to the top of a three-story tower by rope and then gently descend. Riders on the Hornet’s Nest can do exciting flying on a tall swing, controlling flight angle and height.
• A fresh approach to in-park entertainment. Seven new live shows will make their New York state debuts, including live comedy acts, performing dogs, a renowned magician, a mesmerizing hypnotist, and a modern rhythm and stomp group. The shows will rotate during the season, bringing a constant stream of all-ages comedy and amazing thrills to the park. More details are available at www.DarienLake.com.
• New and expanded lodging offerings. Guests can take advantage of numerous improvements to the park’s on-site lodging options, including 15 brand-new cabins equipped with free Wi-Fi and flat screen TVs; seven new pull-through RV campsites that accommodate larger vehicles with more power requirements; and a larger game room, a new fitness room and an expanded café menu at the Lodge on the Lake Hotel. All lodging offerings include free admission to Darien Lake’s rides, in-park shows and water park.

“Darien Lake no longer is just an amusement park, it truly is a destination experience offering unlimited fun and unbeatable value,” said Bob Montgomery, general manager, Darien Lake.

“This coming season will be better than ever, as we have added millions of dollars in upgrades to vastly improve the overall experience for guests, with new attractions, lodging and entertainment they can’t get anywhere else.”

Season Passes: More Than 100 Days of Unlimited Fun for Less than the Price of Two Visits Season Passes offer unlimited admission to rides, the water park and live shows throughout the 2012 season. Beginning April 2, Season-Pass buyers can save $40 by purchasing four or more passes for only $59.99 each (a single Season Pass is $69.99 each).

In addition to unlimited admissions during the park’s more than 100 operating days, Season Passholders who visit the park before Memorial Day will receive a free “bring a friend” ticket for any day during the season. They also receive a free ticket for a friend for Mother’s Day and Father’s Day, savings on purchases at in-park restaurants and retail locations, and lower rates and special booking privileges on resort and campground accommodations. Passes do not include parking, but season-long parking passes can be purchased for only $20.

About Darien Lake

Darien Lake’s wide variety of entertainment has made it “destination fun” since 1964. Located 45 minutes from Niagara Falls between Buffalo and Rochester, N.Y., today the park boasts more than 45 rides, including six world-class roller coasters; dozens of family rides; several world-class entertainment shows right in the park; the region’s largest water park complete with wave pool; and a 20,000-seat performing arts center, operated by Live Nation, that hosts some of the hottest music artists. The park is open May to October, and welcomes overnight guests in a wide range of accommodations – from a full-service hotel and modern cabins to rental RVs, and RV and tent campsites. For more information or to order Season Passes, visit www.DarienLake.com.

Today's Press release:

DARIEN CENTER, N.Y., May 12, 2012 — After a mild winter and a relatively balmy spring, fun-seekers are hungry for some action.The wait has finally come to an end now that Darien Lake is officially open for the summer season. The park opened its doors today to its first visitors of the season. With the addition of more than $5 million in new attractions and significant park upgrades, this season is bound to be one for the record books. 

“The team has put in a lot of hard work into the park and we’re excited to see how the guests will receive all of the improvements,” said Bob Montgomery, general manager at Darien Lake. “We look forward to welcoming guests and hope everyone enjoys all the thrills and great entertainment we have planned for this summer!” 

Guests Will Enjoy $5 Million Dollars in Improvements

Guests have more to see and do than ever before, with the addition of three new family rides, internationally acclaimed live entertainment, new cabins, and upgrades to RV sites and the lodge. 

• New family rides. The new “Rowdy’s Ridge” family area is now open and features three, brand-new, fun-for-the-whole-family rides. Moose on the Loose is a fun backwoods adventure on a “runaway moose” with funny encounters along the way. On Heave Ho!, riders pull themselves up to the top of a three-story tower by rope and then are gently descend. Riders on the Hornet’s Nest can do exciting flying on a tall swing, controlling flight angle and height.
• New and expanded lodging offerings. Guests can take advantage of numerous improvements to the park’s on-site lodging options, including 15 brand-new cabins equipped with free Wi-Fi and flat screen TVs; seven new pull-through RV campsites that accommodate larger vehicles with more power requirements; and a larger game room, a new fitness room and an expanded café menu at the Lodge on the Lake Hotel. All lodging offerings include free admission to Darien Lake’s rides, in-park shows and water park.

Live Entertainment Promises to Please a Wide Range of Audiences

Live, in-park entertainment at Darien Lake will be better than ever this season, with several new live shows making their New York state debuts, including live comedy acts, performing dogs, a renowned magician, a mesmerizing hypnotist, and a modern rhythm and stomp group – all of which guests can enjoy for free with the price of park admission.  Live shows will rotate during the season, bringing a constant stream of all-ages comedy and amazing thrills to the park. The nightly Laser Blast show returns as well, Friday, Saturday and Sunday beginning May 18 – June 22, and then every night from June 23 – Sept. 3, with popular music, laser effects and fireworks. More details on shows and showtimes are available at www.darienlake.com/2012-in-park-shows/.

A 33-year-old Bergen woman who was charged with second-degree assault following a Rascal Flatts concert at Darien Lake in August has filed a claim against the Genesee County Sheriff's Office alleging false arrest.

Carolyn Marie Smith, of McCabe Court, was accused of hitting a 57-year-old man with her iPhone, causing him to need seven stitches across the bridge of his nose.

But Smith says she was the victim in this case, and when she tried to show her bruises -- including one that left, according to a physician's report she obtained later, a residual mass on her breast -- a Sheriff's sergeant arrested her anyway.

A grand jury returned a "no bill" (meaning, the grand jury didn't find sufficient evidence to sustain the charge) on Smith's case.

Attorneys have told her, Smith acknowledges, that suing law enforcement over an arrest is extremely difficult. They are hard cases to make because arrests can be subjective judgements and it's up to the legal process to determine the validity of the charges.

"I understand they arrest who they choose and let it get sorted out by the law, but to drag somebody who has no record, who has never been arrested, who is the mother of  three kids, and was attacked, I just don't get it," Smith said.

Sheriff Gary Maha said that because of the notice of claim, there is a limit to what he can say about the case, but added, "I would state that this arrest was based upon an assault that occurred at Darien Lake following a concert, and the complaint was filed by another individual. The District Attorney's Office was consulted prior to arrest."

So far Smith hasn't been able to find an attorney to take her case and suspects Genesee County attorneys, who often deal with the Sheriff's Office and the District Attorney's Office, are reluctant to sue local law enforcement. She is hoping an attorney in another county will see her story and take an interest in the case.

Among the potential defendants in a lawsuit, according to Smith, is Darien Lake Theme Park, whom she thinks contributed to the events of Aug. 12 through lax security.

She points to the four arrests and 78 underage drinking citations at the Rascal Flatts show, and the numerous arrests at the Brad Paisley show just two weeks prior as evidence that Darien Lake isn't doing enough to protect patrons.

"Darien Lake Town Court is full after every concert and that says there is a problem at Darien Lake," Smith said. "They allow drinking and let people get drunk, but nobody is controlling the crowd."

The Batavian contacted Darien Lake and requested a statement and will provide a response if one is received.

"As far as Darien Lake goes," Smith said, "I don't want money. I want justice."

Smith said she and one of her witnesses were the only people involved in the fracas that night who hadn't been drinking.

The incident started as patrons were trying to exit the parking lot following the concert.

The cars were apparently not moving and a woman in Smith's car got out of the vehicle. She either got out -- depending on which statement you believe -- to have a cigarette or to try and block the progress of another vehicle so the car she was in could get the advantage.

Smith got out of the car next, either -- again depending on whose statement you believe -- to get the other woman to get back in the car or to block traffic.

At that point, a man in the other vehicle yelled at the two women, according to one witness statement. He then got out of the vehicle.

In the man's statement, he "bumped" the woman with his body (presumably Smith) to try and move her along and the woman "took a wing at me with her right hand, in which she held a cell phone."

The initial arrest was based on the alleged victim's statement and statements of people riding with the man.

In documents provided by Smith is a letter from her attorney, Thomas Burns to the arresting officer, Sgt. Thomas Sanfratello, asking him to also take statements from witnesses who were in the vehicle with Smith.

According to those statements, the man rushed from his vehicle, charged Smith, punched her in her chest and pushed her up against a truck, pinning her there. It was at that point that Smith swung at the man with her iPhone in her hand.

A woman in the vehicle then allegedly got out of the truck and yelled profanities at Smith and slapped the other woman with Smith, according to one of the statements.

Both statements say that the vehicle the man was in creeped forward and bumped Smith and the other woman before the man got out of the car.

The 57-year-old man, from North Tonawanda, said in his own statement that he told his brother-in-law, who was driving, to creep forward and try to get the women to move.

Given that admission, Smith said, and what she believes was the obviously inebriated state of the two men and the woman they were with, she doesn't understand why they weren't arrested instead of her.

"I took a beating from them, but none of that mattered," Smith said. "I don't even know how they got away with this."

Smith thinks the turning point was when her cousin called Sgt. Greg Walker "a pig."

"Once she said that, forget it," Smith said. "They wouldn't even talk to me."

Ten days later, when Sanfratello called and asked Smith to come to the Park Road office, she thought she would finally get to tell her side of the story. Instead, she said she was surprised to find out she was the one being arrested.

Fighting the charge cost her $5,000 and she may yet have medical bills from the breast injury. Although she'd at least like some compensation, what she wants just as much is an apology -- not even necessarily a public apology, even though the case made national news.

She just wants the officers involved and the Sheriff's Office to say they're sorry for arresting her and not the people in the other group.

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."

The following people were arrested by the Genesee County Sheriff’s Office in connection with the Chris Brown concert at Darien Lake Performing Arts Center on Wednesday.

Deparis C. Banks, 19, Pelham Road, New Rochelle, is charged with disorderly conduct after allegedly causing a disturbance after being ejected from the venue.  Banks was jailed on $100 bail.

Candise J. McKeiver, 21, Parkway Drive, North Chili, is charged with disorderly conduct after allegedly causing a disturbance after being ejected from the concert.

Passion V. Madlock, 22, Kerns Street, Buffalo, is charged with disorderly conduct after allegedly causing a disturbance while being ejected from the concert.

Nicholas J. Macaluso, 19, Oak Street, Bellmore, is charged with harassment, 2nd, and possession of alcohol with intent to consume after allegedly punching a security guard in the head and being under age 21 in possession of alcohol.

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

Kathryn E. Ziolo, 19, Amsdel Road, Hamburg
Kayleigh J. Forger, 19, Lorric Lane, Spencerport
Paul F. Grabowski, 19, Eaglesfield Way, Fairport
Lauren E. Milione, 19, Wedgewood Road, Newton, Mass.
Michelle A. Kay, 19, Pratt Street, Reading, Mass.
Brandon M. Angelo, 18, Red Hickory Drive, Rochester
Jamie M. Szafranski, 20, Frederick Road, North Tonawanda
Shelby M. Visniesky, 19, Kelvin Drive, Tonawanda
Sarah S. Signorelli, 18, 17th Street, Niagara Falls
Tyler M. Pulli, 18, Upper Mountain Road, Lewiston
Morgan A. R. Chrysler, 18, Mount Hope Road, Lewiston
Crystal L. Jensen, 20, Maple Road, Williamsville
Sean P. Talty, 18, Londonderry Lane, Getzville
Ashley L. Dipietro, 17, Misty Lane, East Amherst
Courtney A. Davis, 18, High Manor Drive, Henrietta
Briana M. Julian, 20, Bronson Hill Road, Avon
Matti M. Kwietniewski, 18, Aldrich Place, Buffalo
Cameron J. Cirincione, 17, Licia Lane, Webster

The following people were arrested by the Genesee County Sheriff’s Department during the Uproar Festival concert at Darien Lake Performing Arts Center on Saturday:

James R. Larson, 24, of Revere Place, Buffalo, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance after being ejected from the venue. Larson allegedly resisted arrest by fighting with deputies.  Larson was jailed on $500 bail.

Daniel W. Krulikoski, 28, of Miller Crescent Simcoe, Ontario, Canada, is charged with trespass after allegedly entering a food stand without permission.  Krulikoski was released on $100 bail.

Michael J. Carlo, 31, of Pennington Court, Amherst, is charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot by attempting to fight with other exiting patrons.

Philip A. Azzaretto, 41, of Exchange Street, Alden, is charged with harassment, 2nd, after allegedly striking another subject in the face while at the concert.

Keith A. Hinckley, 20, of West Avenue, Ext., Medina, is charged with disorderly conduct and possession of alcohol under 21 after allegedly yelling obscenities in the parking lot, causing a disturbance and found to possess an alcoholic beverage.

The following people received citations for alleged possession of alcohol under age 21:

Shelby R. Eck, 17, of County Route 31, Scio
Cecellia M. Wilson, 19, of Loring Avenue, Wellsville
Dustin M. Ford, 19, of Allen Street, Allentown
Danielle J. Armfield, 19, of Baker Street, Andover
Lindsay L. Harris, 17, of Riverside Drive, Wellsville
Rebecca A. Oliver, 17, of River Road, Phoenix
Geoff C. Hall, 20, of Drager Avenue, Syracuse
Tara M. Morabito, 16, of E. Main Street, Hamburg
Gary J. Dellaneve, 17, of Davis Road, West Falls
Julia J. Golaszewski, 20, of Center Street, East Aurora
Steven D. Jackson, 18, of Dutch Street, Wolcott
Rebecca M. Rotunno, 17, of Claremont Avenue, Tonawanda
Emily A. Dziuba, 17, of Blakeley Road, East Aurora
Joseph J. Crane, 19, of Shelby Basom Road, Medina
Brandon T. Fuller, 17, of Prospect Avenue, Medina
Gerald R. Soule Jr., 20, of East Main Street Road, Batavia
Raymond D. Wilson III, 18, of Herrick Street, Oswego
Amber L. Bonito, 20, of Drake Settlement Road, Burt
Seth P. Esskuchen, 20, of Autumn Street, Williamsville
Seth R. Reardon, 19, of Columbia Avenue, Depew
Jonathan D. Hitchcock, 20, of Otego

A Dumpster fire has been reported at Darien Lake Theme Park in the area known as "the graveyard."

Darien Fire Department is responding.

Crowds are exiting the performing arts center from the Rockstar Energy Drink Uproar Festival.

Darien fire asked to respond to the back entrance. "It's the fastest way."

The Sheriff's Office reports 10 arrests and 50 citations issued in connection with the Toby Keith concert at Darien Lake Performing Arts Center on Sunday.

Raymond J. Kolas, 29, of Four Mile Run, Pittsburgh, Pa., is charged with harassment, 2nd, after allegedly striking a security guard while attempting to enter the concert venue with a false access pass. Kolas was released on $100 pre-arraignment bail to appear Oct. 11 at 5 p.m. in Darien Town Court.

Thomas E. White, 26, of Fitch Road, Ransomville, is charged with disorderly conduct after allegedly causing a disturbance in the concert grass parking lot.

Adam C. Hellwig, 26, of Olean-Portville Road, Portville, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew J. Whitmire, 25, of Stone Hill Road, Livonia, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Robert D. Farnham, 25, of Campbell Blvd., Lockport, is charged with disorderly conduct and resisting arrest after allegedly causing a disturbance while leaving the concert and then resisting arrest.

Ari J. W. Maio, 26, of Mulberry Street, Rochester, is charged with trespass after allegedly entering the concert venue without a valid ticket.

Durst J. J. Buchebal , 21, of Clay Street, North East, Pa., is charged with unlawful possession of marijuana after allegedly possessing a small quantity of marijuana.

Adrianne M. Ceglia, 48, of Rapids Road, Lockport, is charged with harassment, 2nd, after allegedly pushing a security guard inside the concert venue.

Robert L. Burns, 57, of Barbadus Drive, Cheektowaga, is charged with harassment, 2nd, after allegedly pushing and attempting to punch a security guard inside the concert venue.

Joshua M. Carney, 20, of Wescott Street, Buffalo, is charged with false personation and possession with intent to consume alcohol after allegedly lying about his date of birth after being found in possession of alcohol.

The following people received citations for alleged underage drinking.

Bridget A. Kruszka, 20, of Dover Street, Lakeview
Shannon E. Yates, 19, of Garlow Road, Niagara Falls
Jamie L. Skrlin, 19, of Saunders Settlement Road, Lewiston
Jacob A. Piersc, 20, of Seneca Place, Lancaster
A 17-year-old of Meadowbrook Drive, Albion
Lucas J. Hellwig, 20, of Olean-Portville Road, Portville
A 17-year-old of Nash Road, North Tonawanda
A 17-year-old of Walmore Road, Wheatfield
A 17-year-old of Miller Road, Niagara Falls
A 17-year-old of Saunders Settlement Road, Niagara Falls
A 16-year-old of Center Pine Lane, Williamsville
A 16-year-old of Wood Acres Drive, East Amherst
Joshua M. Cohen, 18, of Valley Brook Lane, East Amherst
A 17-year-old of Driftwood Court, Williamsville
A 17-year-old of Arielle Court, Williamsville
Amira M. Sarkis, 20, of Long Pond Road, Greece
Dominique Estratti, 19, of Northwind Way, Rochester
Sean P. Federow, 19, of Marshall Road, Niagara Falls
A 17-year-old of East Rouen Drive, Cheektowaga
Cody D. Mayer, 19, of 5th Street Court, East Bradenton, Fla.
A 16-year-old of South Academy Street, Albion
A 16-year-old of Gilhooly Road, Alexander
Amanda M. Przybylski, 20, of Penora Street, Depew
Lauren M. Berner, 18, of Town Line Road, Lancaster
Karly D. Manges, 19, of Three Rod Road, Alden
A 17-year-old of David Road, Williamsville
A 17-year-old of Deveaux Street, Niagara Falls
A 16-year-old of North Military Road, Niagara Falls
A 17-year-old of Hermitage Road, Niagara Falls
A 17-year-old of Isherwood Drive, Niagara Falls
A 17-year-old of River Road, Niagara Falls
A 17-year-old of Colin Court, North Tonawanda
A 17-year-old of Switch Road, Stevensville, Ontario, Canada
Jason A. Michaud, 19, of O’Reilly Road, South Wainfleet, Ontario Canada
Brooke M. Lindsay, 20, of Birch Court, Port Colborne, Ontario, Canada
Sean A. G. Parker, 20, of Burnaby Road, Wainfleet, Ontario, Canada
Casey J. Benson, 20, of Union Street, Port Colborne, Ontario, Canada
Dylan D. Edwards, 19, of Knoll Street, Port Colborne, Ontario, Canada
Joshua R. Feith, 19, of Hwy. 3RR1, Wainfleet, Ontario, Canada
Landon S. Minor, 18, of Lakeshore Road, Wainfleet, Ontario, Canada
Sarah L. Pickersgill, 19, of Forest Avenue, Port Colborne, Ontario, Canada
Tage A. Crooks, 19, of Sherk Road, Port Colborne, Ontario, Canada
Jonathan L. Aarts, 20, of Pettit Road, Wainfleet, Ontario, Canada
Mark A. Kramer, 19, of Stanley Street, Port Colborne, Ontario, Canada
Markie L. M. Peyton, 18, of Clarence Street, Port Colborne, Ontario, Canada
A 16-year-old of Lakeshore Road, Port Colborne, Ontario, Canada
Saraya A. Madden, 18, of Shamrock Avenue, Port Colborne, Ontario, Canada
A 17-year-old of Lakeshore Road, Wainfleet, Ontario, Canada
A 17-year-old of Forks Road, Welland, Ontario, Canada

Apparently, traffic is moving slowly out of Darien Lake Theme Park following the Toby Keith concert.

A Sheriff's Office's sergeant checked with the deputy on the progress of one grass parking lot and the deputy responded, "They've moved one car length since I've been out here."

"Copy."

"If the rain keeps coming, they might need Noah's Ark to come get 'um," the deputy added.

UPDATE 11:27 p.m.: A Darien fire chief reports that the road is blocked at Sumner and Walker by a truck trying to pull a car out of a ditch. Law enforcement dispatched to the scene.

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.

The following people were arrested by the Genesee County Sheriff’s Department during the Def Leppard Concert at Darien Lake Performing Arts Center on Sunday:

Robert B. Milefski, 23, of Kauga Street, Richford, is charged with criminal trespass, 3rd, harassment, 2nd, and disorderly conduct after allegedly urinating in the amusement park, and then when approached he allegedly struck a security guard in the face. Milefski then allegedly entered a fenced-in restricted area of the park while attempting to flee. He was arraigned and remanded to jail in lieu of $1,000 bail.

Anthony J. Derkas, 32, of Davis Avenue, Homestead, Pa., is charged with criminal trespass, 3rd, and criminal possession, of a forged Instrument, 3rd, after allegedly using a forged stage-crew pass to enter the concert venue. Derkas was released on $250 bail.

Chad E. Ferguson, 23, of Robinson Road, Wasaga Beach, Ontario, Canada, is charged with trespass after allegedly entering the backstage area without permission.

Cory L. Hyde, 29, of Stenwick Drive, Churchville, is charged with disorderly conduct after allegedly causing a disturbance by consistently swearing while being ejected from the concert.

Terry R. Messmer, 41, of Main Street, Buffalo, is charged with trespass after allegedly entering the concert after being ejected.

Bryson J. Ludden, 18, of Gleason Street, Belfast, is charged with disorderly conduct after allegedly fighting with security while being ejected from the venue.

Jillian A. Tomlinson, 23, of South Main Street, Belfast, is charged with disorderly conduct after allegedly urinating in the lawn area of the concert venue.

Gary F. Mueller, 53, of Kokomo Street, Depew, is charged with disorderly conduct after allegedly causing a disturbance inside the venue.

The following people received citations for alleged underage drinking:

A 17-year-old of Alsace Place, Blasdell
Nolan J. Guilford, 18, of Merton Avenue, Belfast
Carlene A. Derkovitz, 20, of Hawro Place, Depew
Daniel P. Thomann, 19, of Autumnwood Drive, Cheektowaga
Rachel M. Toporczyk, 18, of Creekview Drive, Cheektowaga
Steven L. Schmid, 20, of Penora Street, Depew
Brian R. Gorski, 19, of Harvard Avenue, Depew
Justin A. Michalak, 20, of Houston Street, Buffalo
A 17-year-old of Hawro Place, Depew

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.

Among the 12 people arrested Aug. 11 at the Blink 182 concert at Darien Lake was a 27-year-old man who found himself on the other side of the badge after allegedly tussling with concert security.

Arrested and charged with disorderly conduct was Sean Ford.

According to the Buffalo News, Ford's day job is as a cop at the University of Buffalo.

“Unfortunately, University at Buffalo Police Officer Sean Ford was one of them and was issued an appearance ticket,” said Gerald W. Schoenle Jr., chief of UB’s police force, who added that it is the policy of his department not to discuss personnel matters.

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.

There were four arrests and 78 people were cited for alleged underage drinking during the Rascal Flatts concert at Darien Lake Performing Arts Center on Friday.

Collin T. Hayes, 18, of Reservoir Road, Avon, is charged with two counts of trespass after allegedly reentering the concert venue twice after being ejected and told not to return.

Brian K. Barmore, 19, of Gerry-Ellington Road, Gerry, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Kari D. Barmore, 22, of Gerry-Ellington Road, Gerry, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew J. Stella, 24, of Forbes Avenue, Tonawanda, is charged with public lewdness after allegedly urinating in the lawn area in view of other patrons.

The following people were issued citations for allegedly possessing or consuming alcohol under age 21.

Tricia J. Sullivan, 20, of Windsor Lane, East Aurora
Colby N. Kittner, 20, of Boncroft Drive, West Seneca
Alexander C. Buscaglia, 20, of Center Street, East Aurora
Aaron M. Kosowski, 19, of The Meadow, East Aurora
Jennifer M. Jacob, 18, of Garrett Lane, Niagara Falls
A 17-year-old, of Lewiston Road, Niagara Falls
Ashley E. Grace, 20, of South Street, Addison
A 17-year-old, of Landing Creek Court, Williamsville
Lauren R. Sauvagean, 17, of Autumn Lane, Lewiston
A 17-year-old, of Madison Avenue, Niagara Falls
A 17-year-old, of Briggsboro Lane, Fairport
Catherine M. Kuhi, 20, of Canisteo Street, Hornell
Jamie F. Hillman, 19, of Hyland Drive, Hornell
A 16-year-old, of Southview Avenue, Niagara Falls, Ontario, Canada
A 16-year-old, of Orchard Grove Parkway, Niagara Falls, Ontario, Canada
A 16-year-old, of Feren Drive, Niagara Falls, Ontario, Canada
Daniel S. Kelly, 19, of Fulton Street, Hornell
A 17-year-old, of Temple Street, Avon
Rhiann E. Korth, 18, of Genesee Street, Avon
A 17-year-old, of W. Henrietta Road, Rush
Tyler K. Olejniczak, 18, of Indian Falls Road, West Seneca
A 16-year-old, of Brooklyn Street, Portville
A 17-year-old, of Kimberly Lane, Derby
A 17-year-old, of Ludel Terrace, Lackawana
Denise M. Polaski, 19, of Parnell Drive, Churchville
Christopher D. Barrett, 19, of Five Points Road, Rush
A 17-year-old, of River Road, Caledonia
Robert W. Lysko, 19, of Middle Road, Caledonia
Shawn E. Grimm, 18, of Billington Road, East Aurora
A 17-year-old, of Jamison Road, Elma
Ashley M. Strazzella, 19, of Church Street, East Aurora
Macie A. Eberth, 18, of Hall Road, Elma
Lia E. Colvin, 18, of Anne Drive, Alden
Alyssa M. Savage, 19, of Beryle Drive, Cheektowaga
Carissa D. Brittain, 20, of Center Avenue, North Tonawanda
Peter F. Jackson, 20, of Blanchard Heights Groton
Meghan M. Klimchuck, 18, of Dorchester Road, East Aurora
Jessica L. Goodison, 18, of Gleed Avenue, East Aurora
Payton A. Spinelli, 18, of Hillside Drive, Elma
Karianne R. Carrick, 18, of Bullis Road, Elma
Christopher M. Stelmaszyk, 18, of Willston Heights, Marilla
A 17-year-old, of North Blossom Road, Elma
A 16-year-old, of Lakeside Road, Fort Erie, Ontario, Canada
Sara A. Shembeda, 19, of North 18th Street, Olean
A 17-year-old, of Derby Road, Crystal Beach, Ontario, Canada
Megan A. Dwaileebe, 20, of Bates Street, Pittsburgh, Pa.
Elizabeth M. Colarusso, 20, of Highland Terrace, Olean
Julie C. Wesolowski, 19, of Foxpoint West, Williamsville
A 17-year-old, of Milestrip Road, Orchard Park
Blair A. Pembleton, 18, of Dantroy Drive, Williamsville
Jenna N. Goudy, 20, of Joseph Drive, Tonawanda
A 17-year-old, of Meadow Lawn Road, Orchard Park
Emily M. Lawrence, 19, of Green Road, Churchville
Geana M. Barone, 18, of Country Lane, West Seneca
Kathryn N. Mazurowski, 18, of Mill Road, West Seneca
A 16-year-old, of West Main Street Road, Batavia
Christian A. Worth, 20, of South Nine Mile Road, Allegany
Natalie J. Vetter, 18, of Neubaer Court, West Seneca
A 17-year-old, of Laine Road, Hornell
Joseph D. Mauro, 20, of Pearl Street, Hornell
Kaliegh E. Porcaro, 19, of Sharps Hill Road, Arkport
Caroline M. Hooker, 18, of Moss Road, Hornell
Lydia C. Lindahl, 18, of Cassandra Circle, Churchville
Vincent G. Giglio, 18, of Bromley Road, Churchville
Maxwell P. Wise, 18, of Norway Spruce Drive, Rochester
Taylor T. Jager, 18, of Evergreen Drive, Rochester
Courtney M. VanVolkenburgh, 18, of Whitney Road, Ontario, Canada
Kaleigh R. VanVolkenburgh, 19, of Whitney Road, Ontario, Canada
Erinn D. Rodman, 19, of West Foster Street, Palmyra
Joel M. Sapienza, 18, of Birdsall Parkway, Palmyra
Kaitlyn M. Wegman, 19, of Turtle Creek Lane, Hilton
Ashley T. Whitney, 19, of Country Village Lane, Hilton
Kelly J. Knight, 19, of Old Well Road, Greece
Hannah J. Rader, 18, of Grandview Lane, Rochester
Kassandra K. Magin, 18, of Grandview Lane, Rochester
Jessica L. Nielsen, 20, of Beverly Street, Rochester
Angela M. Andrese, 19, of Eglantine Road, Rochester
Name redacted uponrequest, 19, of Roosevelt Highway, Hamlin

The following people were arrested in during the Blink 182 concert at Darien Lake Performing Arts Center on Thursday.

Matthew T. Beeler, 21, of Peter Street, Buffalo, is charged with criminal mischief, 4th, trespass and disorderly conduct after allegedly fighting with security guards while being ejected and told not to return. A short time later he was located inside the venue and was arrested for trespass. While being processed, Matthew allegedly kicked a file cabinet causing damage. He was jailed on $2,500 bail.

Daniel G. Medvin, 29, of Lynbrook Avenue, Tonawanda, charged with two counts, of trespass after allegedly reentering the concert venue twice after being ejected and told not to return.

Joel B. Zajaczkowki, 18, of Alexander Road, Alexander, arrested for trespass after allegedly being found on Darien Lake property after previously being banned.

Sean H. Ford, 27, of Grand Island, is charged with disorderly conduct after allegedly fighting with security inside the concert venue.

A 17-year-old of Norbrook Road, Fairport, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Andrew D. Haley, 32, of Glenn Street, Springville, is charged with criminal mischief, 3rd, after allegedly smashing the back window of a vehicle in the parking lot.

Steven R. Gardner, 21, of Woosdshire, North Getzville, is charged with trespass after allegedly re-entering the concert venue after being ejected and told not to return.

John E. Bodzak, 21, of New Hackensack Road, Wappingers Falls, is charged with trespass after allegedly re-entering the concert venue after being ejected and told not to return.

Timothy J. Elledge, 19, of 84th Street, Niagara Falls, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Jordan C. Czaplicki, 18, of Princeton Lane, Fairport, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Timothy J. Bayer, 19, of Ayrault Road, Fairport, is charged with trespass after allegedly reentering the concert venue after being ejected and told not to return.

Patrick J. Erckert, 20, of Long Meadow Road, Amherst, is charged with trespass and possession of alcohol with intent to consume after allegedly reentering the concert venue after being ejected and told not to return and being found to be intoxicated.

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

Ryan T. Sault, 20, of Jorpark Circle, Spencerport
(name redacted upon request), 20, of Spencerport Road, Rochester
(name redacted upon request), 20, of Spencerport Road, Rochester
David K. Ferris, 19, of South Union Road, Spencerport
Tyler J. Hogan, 20, of Washington Street, Spencerport
Jarek W. Flanders, 19, of Syracuse Street, Tonawanda
Casey J. Uplinger, 20, of Scott Street, Tonawanda
Samantha L. Gallivan, 20, of Elmwood Park, South Tonawanda
Sara D, Koetzle, 20, of Simson Street, Tonawanda
Steven A. Bukolt, 20, of Moorfield Court, East Amherst
Tarin D. Trytek, 19, of River Road, Baldwinsville
Aubrey N. Switzer, 17, of Sumac Drive, Baldwinsville
Marc A. Paone, 19, of Corlear Drive, Baldwinsville
Kelsey L. Poorman, 17, of West Genesee Road, Baldwinsville
Eric A. Esposito, 19, of Deer Run, Williamsville
Alyssa M. Wahl, 20, of Lakeview Terrace, Lakeview
Gabrielle M. Hesketh, 18, of Winterway Lane, Hamburg
Chelsea M. Machniak, 20, of Cindy Lane, West Seneca
Mary E. Bennett, 19, of East Fillmore Avenue, East Aurora
Raelyn M. Woltz, 20, of Bedford Avenue, Buffalo
Sarah R. Floss, 17, of Salt Road, Clarence Center
Anthony J. Dinicola, 18, of Covintree Green, Clarence
Sean T. Mullane, 20, of Colony Court, Amherst
Kiernan B. Smith, 18, of Peddington Circle, Rochester
Ronn D. Tisby, 17, of Egret Drive, West Henrietta
Jocelyn A. Grace, 20, of Pershing Avenue, Niagara Falls
Tabatha M. McNamee, 20, of Ferndale Avenue, Fort Erie, Ontario, Canada
Michael R. Dombrowski, 18, of Glenwillow Drive, Hamburg
Camille L. Arth, 18, of Evergreen Drive, Lakeview
Nicholas H. Nardowski, 18, of Lakeview Road, Lakeview
Claire C. Foglia, 20, of Laurie Lea Drive, Williamsville
Arielle L. Cravatta, 17, of Klein Road, Williamsville
Brabdon T. Cardon, 17, of Marisol Drive, Miromar Lakes, Fla.
Kalene N. Faricellie, 17, of Woodacres Drive, East Amherst
Corey M. Hohl, 17, of Paul Drive, Amherst
Anthony B. Mineo, 17, of Glenhaven Drive, Amherst
Colin C. Cardinate, 20, of Calvert Blvd., Tonawanda
Meghan K. Gray, 16, of Fillmore Avenue, East Aurora
Bailey E. Danahy, 19, of Potters Road, Buffalo
(name redacted upon request), 17, of Shunpike Road, Lockport
Sarah E. Steffan, 18, of Cottonwood Drive, Williamsville
Travis A. Scamurra, 18, of Guinevere Court, Getzville
Aral A. Egilmez, 20, of Plumwood Court, East Amherst
Sean J. Morgan, 18, of Woolworth-Ontario Road, Ontario, Canada
Jacob B. Mascari, 17, of Berg Road, Ontario, Canada
Riley F. Jenkins, 18, of Highland Drive, Williamsville
Stefany R. Stempien, 18, of Kippen Drive, East Amherst
Courtney L. Koby, 17, of Kevin Court, Clarence Center
Rachel E. Cahlstedt, 19, of Oakbrook Drive, Williamsville
Lindsay A. Moshides, 19, of Floss Lane, East Amherst
Kaitlyn E. McKnight, 18, of Plumwood Court, East Amherst
David J. Neimanis, 19, of Northington Drive, East Amherst
Shannon M. Hughes, 18, of Valley Brook Lane, East Amherst
Lauren E. Cavaretta, 17, of Kippen Drive, East Amherst

Press release:

Darien Center, NY -- On Thursday, Aug. 11, at approximately 6:10 p.m. (Eastern) Darien Lake Theme Park Resort’s Ride of Steel roller coaster experienced a mechanical failure. The train automatically stopped on the coaster’s lift, approximately half way up the track, when a chain broke.

There were 32 passengers onboard who were safely evacuated according to standard operating procedures.

Due to the quick, trained response of the DL team, our guests were on the ground within 30 minutes of the breakdown. In addition, all redundant safety systems functioned precisely as planned, including the immediate train stop.

"Ride of Steel will be closed until further notice,” said Chris Thorpe, general manager of the park.

Ride updates will be posted on the park’s website at www.godarienlake.com <http://www.godarienlake.com/>.

Photo courtesy WGRZ, Buffalo

Photo courtesy WHAM13, Rochester

Photo Courtesy WHAM13, Rochester

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)