A 35-year-old mother from Indiana has been charged with negligence over the drowning of her three-year-old son at Camp Cohen Water Park in El Paso, Texas.
Jessica Weaver, 35, is accused of failing to supervise her child while at the park in May.
According to witnesses and a criminal complaint, Weaver appeared inattentive, spending hours on her phone and singing along to music by the poolside. Her son, Anthony Leo Malave, drowned in a four-foot-deep pool section. He was not wearing a life vest, even though they were available at the facility.
Camp Cohen’s rules state that a swimming adult must directly supervise children aged six and under. Investigators spoke to several witnesses, who described Weaver as engrossed in her phone and not paying attention to her child.
Weaver was arrested in her home state of Indiana on August 30, waived extradition, and was booked into the El Paso County Jail on September 22. She was later released on a $100,000 surety bond.
Weaver’s lawyers have filed a $1 million lawsuit against the city, alleging “gross negligence” by the park and its lifeguards. They claim that Weaver is unfairly blamed for her son’s death and that the criminal charges were a retaliation for the wrongful death lawsuit.
The lawsuit also asserts that the city did not require experience for lifeguard candidates and accuses the city of destroying surveillance video from the day of the incident.
El Paso District Attorney Bill Hicks responded by stating that the civil lawsuit is separate from the criminal prosecution, emphasizing that every child’s death is reviewed thoroughly. He declined to engage in a back-and-forth with Weaver’s civil attorney.
