The two are due in court Sept. 22. Meanwhile, Smokey's Greater Shows can continue to operate.
In this file photo, Inspectors from the Office of the State Fire Marshal investigate a ride malfunction in Waterville. Michael G. Seamans /Morning Sentinel
Sgt. Ken Grimes of the Fire Marshal’s Office said Monday that Jeannette Gilmore, 61, of Strong, the owner of Smokey’s Greater Shows, was served a summons charging her with failure to train a mechanical “swing ride” operator, which is a civil, or non-criminal, violation punishable with a fine of up to $1,000.
“We allege he was not properly trained,” Grimes said of the man operating the swing ride. “He allowed the ride to operate without the passenger being properly restrained.”
Grimes said Gilmore received the summons because as the owner of the company she is the “responsible party.”
In addition, Arthur Gillette, 49, of Pittsfield, Massachusetts, was issued a summons charging him with falsifying physical evidence, a Class D crime punishable by up to 364 days in jail or a $2,000 fine or both, Grimes said.
Gillette was the ride supervisor for Smokey’s Greater Shows at Head of Falls in Waterville when the malfunction occurred the night of June 12 on the Dragon Wagon roller coaster. In that incident, two of the small roller coaster’s cars decoupled while it was running.
When investigators from the fire marshal’s office arrived, Gillette “was attempting to repair or alter the physical condition of the ride before we were able to get there to investigate it,” Grimes said.
“When we arrived he was actually working on the Dragon Wagon — he was in the process of trying to make some repairs and modifications to it,” he said. “Our policy is when you have a ride accident, you do what you have to do to evacuate the ride safely, but then you don’t move it, you don’t touch it, you do nothing until we get there.”
Grimes said any changes or modifications to the ride after the accident constitute a violation.
Gilmore and Gillette were charged by the fire marshal’s office over the Fourth of July weekend and are due in court Sept. 22. The investigations are closed until that court action, Grimes said.
Gillette can continue to work, and Smokey’s shows can continue to operate elsewhere.
“All the rides have been inspected, and at this point we don’t have any knowledge of any deficiencies,” Grimes said Monday.
Gilmore, who did not respond to phone messages or an email on Monday, said in an interview in June that the accidents came as a complete surprise. The Maine company has been in business for 60 years and has a very good safety record, she said.
Ken Martin, a Virginia-based safety consultant in the amusement ride industry, has previously testified in cases involving criminal charges against amusement ride operators in other states. He said Monday that he was heartened by news of the charges in Maine.
“It doesn’t happen every day,” Martin said of charges being brought against carnival owners or supervisors. “I’m a firm believer that an amusement ride needs to be inspected by an independent party all the time. It’s frustrating when we see these things happen and only a handful of times there are criminal charges. What’s happening, I think, is people are waking up and saying, ‘We need to do something.”
Martin pointed to an incident in March 1998 when 15-year-old Leslie Lane was killed when her safety bar broke off during a Himalaya amusement ride at the Austin-Travis County Livestock Show and Rodeo in Texas. The ride, operated by B&B Amusements of Yuma, Arizona, was declared safe even after the incident, Martin said. A district attorney’s investigation resulted in first-degree murder indictments against nine people, but ultimately only the carnival owner and its ride inspector pleaded guilty to lesser charges.
“That was the first case I’m aware of,” Martin said.
News of the two accidents at Smokey’s Greater Shows in Waterville — which occurred less than 24 hours apart — prompted at least one festival last month, Friends of Windjammer Days festival in Boothbay Harbor, to remove Smokey’s rides from its program. Organizers said they “erred on the side of caution” in deciding to cancel Smokey’s rides.
Other festivals are sticking with the carnival operator.
Organizers of the Yarmouth Clam Festival July 17-19 and the Rockland Lobster Festival July 29-Aug. 2 and the Fryeburg Fair Oct. 4-11 said Monday night that they planned to honor their commitments to have the carnival company operate at their events.
“We are excited to celebrate 50 years of the Yarmouth Clam Festival, and safety is always our top priority,” festival director Mark Primeau said. “For decades, Smokey’s track record has been great with us, so we have no plans to cancel the carnival.”
Smokey’s Greater Shows is scheduled to open its midway for Harrison Old Home Days in Harrison beginning on Thursday. Organizers of the Harrison event couldn’t be reached for comment on Monday night.
Other stops on Smokey’s upcoming 2015 schedule include the Augusta Festival Aug. 6-9, the Skowhegan State Fair Aug. 13-22 and the Farmington Fair Sept. 20-26.