A 3-year-old boy tragically died at a water park after his mother allegedly spent hours on her phone while singing along to music without looking up.
Anthony Leo Malave was found unresponsive in a 4ft pool at the Camp Cohen Water Park in Texas. His mother Jessica Weaver, 35, has been accused of being negligent as she was arrested in connection with the drowning.
Witnesses described the behavior of a woman matching the mother’s description the day the young boy died.
In a police report seen by KFOX, a witness recalled seeing ‘a woman, matching Weaver’s description, was on her phone, sitting outside of a pool for over an hour,’ adding that the woman ‘never looked up or paid attention to anything.’
Another said that a woman ‘encouraged the toddler to go into the pool before walking away and leaving the boy by himself.’
The witness also said that it took the mother ‘five minutes to run to the pool after lifeguards had blown the whistle for everyone to get out.’
Two other witnesses said that they saw the child without a parent and that they saw ‘Weaver laying down and singing along to her phone, for approximately seven minutes before the toddler was pulled out of the water.’
Another witness said they thought ‘Weaver was in the water park by herself’ because they did not see her with anyone.
“Weaver did not immediately react to the situation and was surprised to learn that she was the mother of the drowning child when Weaver jumped in the water.”
One witness also claimed that they saw two toddlers swimming ‘unattended and without a life vest,’ adding that the vests were free to use.
The mother’s legal counsel Ryan MacLeod said the city was ‘more concerned with filling the park for a soft opening than safety.’
During a press conference with El Paso District Attorney Bill Hick’s said that lifeguards ‘are a last resort in hopefully saving a life.’
McLeod believes the city is pursuing legal action against Weaver after she filed a lawsuit against the city said the DA should pursue charges against the lifeguards on duty.
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