April 2012 - Parks & Recreation - 29

escape. The presence of such a potentially deadly hydraulic may not be apparent
to common observation. The hydraulic
created by a low-head dam is unusually dangerous because it is uniform and
spans the entire river.

The Incident
On the day he died, April 23, 2006, Volpe
visited the park with his friend Bryc Talley ( " Bryc " ). Charles and Bryc planned to
swim to the dam, climb onto it, and jump
into the water below, as they previously
had done many times without incident.
Bryc testified that the river appeared
" like it did on any other day. The water
was pretty smooth and flat. " Bryc jumped
into the millpond from the grassy bank
between the tire dock and the dam. He
swam over to the tire dock and got out.
Then Charles entered the river from the
grassy bank, and Bryc jumped in behind
him. The two swam toward the center of
the dam, and the water " seemed pretty
much how it did on any other day. "
According to Bryc, " it wasn't until we
got right up next to it that you could tell a
significant difference in the current. " The
current " was just instant how it picked
up. " It swept Charles, and then Bryc, over
the dam. Bryc found himself spinning in
a hydraulic which he had never experienced, but managed to escape to shore.
Charles did not escape the hydraulic.
Police recovered his body more than 22
hours later at the base of the dam.
Defense witnesses testified that they
also visited Jordan's Point on April 23,
2006, but would not swim because the
river appeared dangerous. They testified that it had rained for several days and
the river was " high, " " turned up, " " really white and brown, " " muddy, " and " obviously dangerous. " From the park, they
saw the water pour over the dam faster
than usual. Emily J. Heizer testified that
she entered the river at the tire dock, but
got out immediately because she felt a
powerful current. She stated: " the edge
of the dam was all white, with the water
rolling back, I guess, hitting it, all white. "
She testified that the sound of water rushing over the dam was amplified, and that

the conditions on that day were the worst
she had seen.

Safety Concerns
In January 1997, City officials formed a
committee to plan a public park at the
city-owned riverfront at Jordan's Point. At
the initial committee meeting, participants

offered a variety of suggestions regarding
the proposed park, including " regained
public access to the water. " City officials
planning the park viewed it as " a place
where people should be able to swim. "
In 1998 the City hired an architecture
firm to create a master plan for the park.
According to notes from its September

Bring families together with bright colors, interaction,
multiple water effects and themed play, while being
confident that Water Odyssey's long-lasting components
will keep your facilities attractive for years to come.
Fun Forms™ * Interchangeable Components * Wireless Activation
Low Water Consumption Options * Custom Capabilities

w w w . N R P A . O R G A P R I L 2 0 1 2 Parks

& Recreation 27

April 2012 - Parks & Recreation

Table of Contents for the Digital Edition of April 2012 - Parks & Recreation