The district attorney said the death of an 8-year-old boy was not due to criminal activity three months after he and another child were found in critical condition in an apartment swimming pool.
William Igbinomwanhia, 8, died after he and his sister were pulled from the swimming pool at the Whisper Woods Apartments in the 3600 block of Brookridge Terrace in Susquehanna Township on July 31. The sister was able to fully recover. But William died on October 10 after “fighting for his life” and being on a life support ventilator, family members said.
According to an online fundraiser on GoFundMe started by William's family, the babysitter “allowed William and his two sisters to enter a public swimming pool at an apartment complex without adult supervision or consent from their parents.” William couldn't swim, they said.
William's parents said they believe the drowning could have been prevented if the babysitter had contacted them in advance, CBS 21 reported.
“If the babysitter had asked me, 'Can I take your kids to the pool?', I would have told her that my kids can't swim. There was no conversation about it,” his mother told CBS 21.
His parents wanted charges filed against the babysitter. However, according to Dauphin County District Attorney Fran Chardo, the facts of the incident did not meet the threshold for the lowest crime, involuntary manslaughter, which constitutes gross negligence. Susquehanna Parish police closed the criminal investigation in October after finding no wrongdoing.
According to Chardo, the babysitter asked the children if they could swim before allowing them to enter the pool.
The sister told the babysitter she would be in the shallow area where she could stand, and William claimed he was a swimmer, although it later turned out he couldn't swim, Chardo said.
Chardo said the drowning happened quickly.
“That was a tragedy. But to support a charge of criminal homicide, including involuntary manslaughter, which constitutes involuntary manslaughter, proof is required that a person caused the death of the child through gross negligence,” Chardo said. “Our Supreme Court has ruled that gross negligence is tantamount to recklessness. Proof beyond a reasonable doubt is required that the person knowingly disregarded a significant and unjustified risk that his or her death would occur as a result of his or her act or omission. For legal reasons, we didn't have that in this tragic case. Criminal law is not the only remedy for tragedy. I cannot address whether there is a remedy in civil law.”
William was a student in the Central Dauphin School District and was described, according to his obituary, as a “soccer star” who enjoyed scoring goals and improving his skills.
The obituary says he was also a “compassionate teacher” when it came to guiding and supporting his two sisters. William enjoyed going to church and was the leader of the Sunday school children's class.
“William’s joyful spirit made him a beacon of light for the family, lifting the family up each day,” the obituary said. “His unique personality created an atmosphere of laughter and warmth in our home. His ability to bring happiness to others is an invaluable gift that will be missed forever.”
