Mom's arrest in Camp Cohen drowning is ‘vindictive retaliation’ for lawsuit, attorney says
An attorney for the mother of a toddler who drowned at El Paso's Camp Cohen Water Park countered on Wednesday that the criminal charge she now faces is "an act of vindictive retaliation" for suing the city.
Jessica Weaver, 35, is jailed in her native Indiana, awaiting extradition to El Paso to face a felony charge of injury to a child by omission in connection with the death of her 3-year-old son, Anthony Leo Malave.
The preschooler died at a hospital on May 14, a day after being found unresponsive in a pool during a seasonal "soft opening" of the city-owned water park in Northeast El Paso.
In June, Weaver filed a $1 million lawsuit accusing the city of negligence and having inadequate safety measures and improperly trained lifeguards at Camp Cohen Water Park.
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Ryan S. MacLeod, one of Weaver's attorneys, in a statement on Wednesday, blasted a Tuesday news conference by El Paso District Attorney Bill Hicks regarding Weaver's arrest as a "political stunt."
Weaver is accused of failing to pay attention while her young son was swimming, leading to his drowning, Hicks said, adding that the police investigation included numerous witnesses and videos from the day of the drowning.
MacLeod pointed out that Weaver has not been indicted by a grand jury and that neither Weaver nor her lawyers had been informed that she was wanted on a fugitive from justice arrest warrant before she was arrested in Elkhart, Indiana. She has waived extradition, allowing her to be returned to El Paso.
"District Attorney Hicks also failed to mention how children tragically drown every day in this country in private pools, hotel pools, and apartment pools — where no lifeguards are on duty — and the parents are not charged with crimes," MacLeod said in a statement. "Apparently, charges are only brought when a single mother sues a city for its negligence and gross negligence in causing her only child's death and calls out the city for destroying evidence."
The Houston-based law firm, Webster Vicknair MacLeod, representing Weaver, alleges that the city destroyed video of the day of the drowning and that the water park's lifeguards "had zero clue how to perform medical life-saving measures after Anthony was pulled from the pool."
More: Toddler dies in drowning at Camp Cohen Water Park in Northeast El Paso
Among the newest allegations, Weaver's lawyers claim that no outside floatation devices were allowed at the park and that life jackets were only available on a first come, first served basis.
MacLeod added, "If the city and the DA had any interest whatsoever in seeking justice for Anthony and holding the responsible parties accountable, the DA would be pursuing charges against the 17 lifeguards and the water park officials who were ultimately responsible for ensuring the safety of the water park guests. That has not happened and will never happen — it's bad for business."
This article originally appeared on El Paso Times: Jessica Weaver arrest 'retaliation' for drowning lawsuit, attorney says
