ORLANDO, Fla. – Following the death of a guest who rode the Stardust Racers roller coaster at Epic Universe last week, investigators now say they are looking into the case under the state’s “manslaughter” statute.
The incident happened on Wednesday, when 32-year-old Kevin Zavala was found unconscious on the ride and taken to the hospital, where he was ultimately pronounced dead, deputies said.
The medical examiner’s office later revealed the cause of death as “multiple blunt impact injuries."
“The manner of death is accident,” the medical examiner wrote.
[BELOW: Cause of death revealed for guest who rode Stardust Racers at Epic Universe]
But an incident report obtained by News 6 on Friday reveals that Zavala had a “preexisting spinal injury,” though it’s unclear whether that contributed to the accident. Photos on a GoFundMe page set up for Zavala also show him using a wheelchair.
Despite that, Universal Orlando’s safety guide shows that Stardust Racers is “not for guests with back, neck or similar physical conditions.”
On Monday, Orange County deputies revealed that they are now investigating Zavala’s death under Florida’s “manslaughter” statute.
The statute outlines manslaughter under state law as follows:
“The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree...”
Florida Statute 782.07
News 6 reached out to the OCSO, which clarified details about the investigation, saying that it’s part of standard procedure.
“This is a death investigation. In cases which appear at first glance to be accidental deaths - which this case does - detectives must determine whether there is any negligence, whether criminal or non-criminal,” a spokesperson for the OCSO said. “Manslaughter is just the name of the catch-all statute covering deaths that are not natural. Through their investigation, detectives attempt to figure out IF there is any culpable negligence or a crime that occurred. And to accomplish this, we must let detectives follow the evidence and conduct a full and thorough investigation.”
In addition, Attorney Ben Crump announced on Monday that he had been retained by Zavala’s family, who are now looking for the release of maintenance logs, inspection records, ride data and video footage.
“This tragic loss demands a thorough investigation and full transparency,” he said. “A man died after boarding a ride that should have been safe. We will hold all responsible parties to account and fight to ensure that all media inquiries be directed to Ben Crump Law’s office.”
[BELOW: Investigation continues after guest dies following ride on Stardust Racers]
Regardless, the President Karen Irwin of Universal Orlando Resort wrote to employees that the roller coaster had functioned “as intended” prior to Zavala’s death, an internal letter obtained by News 6 shows.
In part, she said that internal findings confirmed the ride “functioned as intended,” and the equipment remained intact throughout the ride.
“The attraction remains closed as we continue to work through a comprehensive review process in cooperation with the ride manufacturer of record. Safety is, and always will be, at the forefront of everything we do,” she wrote.
[BELOW: Video shared with News 6 shows what appears to be an unresponsive rider on Stardust Racers]
Fellow guest Maria Fernandez, who said she was one of the dueling racers at the same time as Zavala, recounted what happened to News 6.
“When I was on the ride, the travel finishes, and one girl starts to say, ‘Help! Help! Help!’” she explained. “...The girl was screaming, and we didn’t understand what happened.”
When the ride came to a stop, security began to usher riders off the roller coaster, Fernandez added.
She said that Zavala appeared to be slumped over, bleeding, with his leg seemingly broken.
“I don’t know if he was dead in that moment, but I think yes,” she said.
[BELOW: Listen to News 6 reporter Mike Valente’s full interview with Fernandez]
The roller coaster towers approximately 133 feet and has been closed since the incident, as investigators piece together what happened. Park officials have kept the ride shut and indicated no timeline for reopening.
While the investigation continues, the rest of the park appeared to be operating as usual.
Florida’s largest theme parks are exempt from state safety inspections, unlike smaller venues and fairs.
Instead, the largest theme parks like Walt Disney World and Universal conduct their own inspections and have their own protocols, but they must report to the state any injury or death.
State records show only two other health incidents connected with the ride since it first opened: a 63-year-old man who experienced dizziness, and a 47-year-old woman who had a “visual disturbance. Both of those guests rode the roller coaster on separate days and had pre-existing conditions.
“The department’s current findings align with those shared by Universal after monitoring the same tests and reviewing the same information,” a spokesperson for the FDACS told News 6. “The investigation is ongoing, and additional information will be released as it becomes available.”