Designer of waterslide that killed boy intends to surrender to officials, lawyer says

The designer of the world's tallest waterslide, who was indicted on charges stemming from the 2016 death of a 10-year-old boy at a Kansas water park, will return to the U.S. and surrender to officials, his lawyer told ABC News.

John Schooley designed the Verruckt waterslide with his business partner, Jeffrey Henry, who is the co-owner of the Schlitterbahn Waterpark in Kansas City. Both men have been indicted by the Wyandotte County grand jury with second-degree murder and multiple counts of aggravated battery and aggravated endangering a child.

Schooley's attorney, J. Justin Johnston, told ABC News Friday evening that his client was out of the country when he learned he'd been indicted.

"He is working with counsel to coordinate his prompt return to the United States," Johnston said. "Mr. Schooley intends to voluntarily surrender and defend the charges against him."

Officials had previously been looking for Schooley.

Nine days after the U.S. Marshals Service received an order to take him into custody, a federal source with direct knowledge of the case told ABC News on Thursday afternoon that an arrest hadn't been made yet because officials have "no information" that he is in the United States, Mexico or Canada.

The U.S. Marshals Service released a statement to ABC News earlier on Friday, confirming that its officials were "actively" trying to locate Schooley.

"The U.S. Marshals can only confirm we are actively working with our federal, state and local law enforcement partners to locate John Schooley. In the event Schooley fled the U.S., it is not uncommon for the Marshals to coordinate with the Department of Justice and the U.S. State Department in an effort to locate an international fugitive," the statement read.

Prosecutors allege that Schooley and Henry have no engineering credentials qualifying them to design any type of amusement ride, and that the 168-foot-tall waterslide was constructed in violation of "nearly all aspects" of industry safety standards.

Henry was arrested Monday near Las Padre Island, Texas, where he owns another water park. He is scheduled to appear in court Thursday in Cameron County, Texas.

Days earlier, Tyler Austin Miles, the former operations director of the Schlitterbahn Waterpark, was arrested and charged with 20 felony counts, including involuntary manslaughter, in connection with the boy's death.

Caleb Schwab, the son of a Kansas state lawmaker, suffered a fatal neck injury on the Verrückt waterslide on Aug. 7, 2016, according to the Kansas City Police Department.

The towering waterslide, which was certified in 2014 by the Guinness Book of World Records as the tallest in the world, was only in operation for six months.

"While we as a family continue to mourn and heal from Caleb's passing, we wanted to again thank the community of Kansas City for its continued prayers and support," Caleb's family said in a statement. "Clearly the issues with Schlitterbahn go far beyond Caleb's incident, and we know the Attorney General will take appropriate steps in the interest of public safety."

Caleb was one of three passengers in the raft at the time of his death. Investigators believe the raft collided with one of the ride's metal hoops, decapitating the boy and badly injuring the two other passengers, leaving one with a fractured jaw bone and the other with an orbital bone fracture.

Prosecutors allege that Henry and other employees of the water park attempted to hide from investigators documents detailing at least 13 people's injuries on the Verruckt waterslide leading up to Caleb's death. The injuries included whiplash, slipped spinal discs and broken bones.

Corporate emails, memos, blueprints, videos, photos and statements from witnesses showed that "this child's death and the rapidly growing list of injuries were foreseeable and expected outcomes," according to the indictment.

Schlitterbahn Waterpark disputed the accusation in a statement.

"The allegation that we operated, and failed to maintain, a ride that could foreseeably cause such a tragic accident is beyond the pale of speculation," water park said in the statement. "The accusation that we withheld information or altered evidence is completely false. We have operated with integrity from day one at the waterpark -- as we do throughout our waterparks and resorts. We put our guests and employees safety first; and safety and maintenance are at the top of our list of priorities."

ABC News' Bill Hutchinson contributed to this report.