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Vortex operator pleads guilty to 3 counts of assault with deadly weapon

From left, defense attorney Roger Smith, Jr. and client Timothy D. Tutterrow, 48, Monday after Wake Superior Court Judge Donald Stephens accepted Tutterrow's guilty plea to charges of assault with a deadly weapon in the October, 2013 State Fair incident with The Vortex ride. Tutterrow was the operator of The Vortex ride when it malfunctioned injuring five people. Tutterrow's sentencing for his guilty plea is held for 90 days and Tutterrow has agreed to testify in the state's case against his employer - ride owner Joshua G. Macaroni, who is also charged with assault with a deadly weapon.
From left, defense attorney Roger Smith, Jr. and client Timothy D. Tutterrow, 48, Monday after Wake Superior Court Judge Donald Stephens accepted Tutterrow's guilty plea to charges of assault with a deadly weapon in the October, 2013 State Fair incident with The Vortex ride. Tutterrow was the operator of The Vortex ride when it malfunctioned injuring five people. Tutterrow's sentencing for his guilty plea is held for 90 days and Tutterrow has agreed to testify in the state's case against his employer - ride owner Joshua G. Macaroni, who is also charged with assault with a deadly weapon. hlynch@newsobserver.com

The operator of a ride at the N.C. State Fair in 2013 that malfunctioned and injured a family pleaded guilty in Wake County Superior Court on Monday to three counts of assault with a deadly weapon.

Timothy Dwayne Tutterrow, who was at the helm of the Vortex ride on Oct. 24, 2013, was in Wake County court on Monday for the plea hearing. His sentencing was delayed until the resolution of the criminal case against the ride owner.

The Vortex is known for its fast flips and wild twirls.

When Tutterrow was at the switch almost two years ago, the Vortex restarted, according to investigators, as riders were stepping out of their seats. People were flung and knocked to the ground.

Joshua Gene Macaroni, the owner, has been accused of tampering with an electrical box on the ride after a state inspection before the fair opened. As part of his plea arrangement with prosecutors, Tutterrow, 48, of Quitman, Ga., has agreed to testify if the Macaroni case goes to trial.

Assistant District Attorney Howard Cummings told Judge Donald Stephens on Monday that Tutterrow has been cooperative with investigators conducting criminal and labor department probes. The switch to start the ride, Cummings said, was unintentionally hit, but had the safety measures been in place the ride would not have started when it did.

After the ride malfunctioned, state inspectors found a cracked weld and problems with the electrical box during an equipment check, Wake County prosecutors have said. The owner was ordered to fix them.

While inspectors were checking to see whether the repairs had been made, a witness overheard the Vortex owner tell the ride operator to stand behind him to act as a barrier, Cummings said in a previous court hearing.

It was then, prosecutors have contended, that the owner installed jump wiring in the electrical box that bypassed safety measures designed to prevent the ride from starting without safety bars in place.

Durham resident Anthony Gorham suffered brain, skull, neck and spinal-cord injuries. He was comatose several months after the ride, according to Wake County prosecutors, and since has been found legally incapable of representing himself in the lawsuit filed in April.

Kisha Gorham, his wife, and her son Justen Hunter – 14 at the time of the accident – and Shykema Dempsey, her niece, also were injured when the Vortex ride started moving while people were stepping down from it.

The family sued Powers Great American Midways, which brought the ride to the State Fair in Raleigh, and Family Attractions Amusement LLC, which operated the ride.

Macaroni and Tutterrow also were named as defendants in the civil suit.

The family sought $150 million in damages in the civil lawsuit, which initially was filed in Durham County Superior Court.

According to the complaint, which was transferred to federal court in the Middle District of North Carolina, Gorham and his family were thrown to the ground from 20 to 30 feet above.

Anthony Gorham, according to family representatives, will require medical care for the remainder of his life. Attorneys estimated that medical bills for family members could exceed more than $30 million over their lifetimes.

The family settled with Macaroni, Tutterrow and Family Attractions Amusement.

Blythe: 919-836-4948;

Twitter: @AnneBlythe1

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