A charge against Smokey’s Greater Shows carnival company – spurred by the second accident in two days at a Waterville festival in June – has been dismissed for insufficient evidence.

A charge of failure to train a mechanical swing ride operator was brought in July by the state fire marshal against Jeannette Gilmore of Strong, the owner of the company. It was dismissed last week, according to court records.

The charge against Gilmore was a civil violation with a possible fine of $1,000. Court documents show that she requested a trial on Sept. 18.

Gilmore’s attorney, Phillip Buckley, declined to comment Monday.

The June 13 accident was the second in two days at the carnival at Head of Falls in Waterville. A woman unbuckled her safety restraint on the Air Time swing ride and fell off. She was taken away in an ambulance, but her injuries weren’t life-threatening.

Sgt. Kenneth Grimes of the Office of the State Fire Marshal said the operator of the ride was not properly trained and that Gilmore received the summons because she was the responsible party for the company.

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“They are the prosecutors and the ones who certainly have to evaluate the evidence to see what kind of level of proof is needed for a particular charge based on information they’re supplied from our investigation,” Grimes said Monday.

The day before, three children were injured when the Dragon Wagon mini-roller coaster malfunctioned.

Arthur Gillette, 49, of Pittsfield, Massachusetts, was fined $1,000 in September on a charge of falsifying physical evidence in connection with that accident.

Gillette was the ride supervisor for the Waterville show when 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.


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