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The man was found dead in a bathroom at the park.
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The park says the ride has been significantly redesigned.
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Defiance is built on the side of a mountain more than 7,000 feet above sea level.
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The district attorney does not believe he could prove the case beyond a reasonable doubt.
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Investigation puts fault on the park and its operators.
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Six-year-old Wongel Estifanos died on the park's drop ride.
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The girl was not secured, and a seatbelt alarm was reset, according to a report.
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The nature of her injuries has not been released.
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The Gerstlauer Eurofighter will open next year on top of a mountain.