No charges in near drowning incident
CLOVIS (KSMX)- The grandfather of a two-year-old boy that nearly drowned on March 6 will not face charges.
Ninth Judicial District Attorney, Andrea Reeb, announced that charges will not be filed against the grandfather of the two-year-old child that nearly drowned in the lake at Dennis Chavez Park on March 6.
The child was treated at Covenant Hospital for approximately ten days and has been reported to be home and doing well.
On March 6, the Clovis Police Department and emergency personnel responded to the Dennis Chavez Park for a report of an unconscious child who was not breathing. It was determined the child had been in the custody of his grandfather, along with his seven and three-year-old siblings.
The children were left in the custody of the older child while the grandfather smoked a cigarette in his vehicle which was parked in the parking lot adjacent to the playground at Dennis Chavez Park. At some point, the grandfather noticed he could not see the two-year-old child and started searching for the child. He then discovered the child lying face down in the water. He pulled the child out of the water and began CPR until emergency personnel arrived.
At the request of the Clovis Police Department, the District Attorney’s Office was asked to review possible charges for Negligent Child Abuse.
After reviewing the facts of the case, District Attorney, Andrea Reeb, has made the decision not to pursue criminal charges in the matter.
Reeb stated, “While the grandfather was surely negligent in this matter, under the law, he has to be more than merely negligent. He must act with reckless disregard. After reviewing this case in its entirety, I don’t believe his conduct rises to the level of reckless disregard under the law. Therefore, I will not be filing child abuse charges in this matter. I am thankful the child is doing well.”