Police arrested an Indiana mother months after her toddler died in her care at a Texas water park. Jessica Weaver, 35, and her son, 3-year-old Anthony Leo Malave, visited Camp Cohen Water Park for a day of fun in May in El Paso. Prosecutors allege that Weaver was not paying attention to her son when a tragic accident occurred.
Anthony reportedly drowned May 13 in water about 4 feet deep, according to the El Paso Times. Lifeguards pulled his body from the pool, and he was taken to an area hospital, where he later died. According to multiple witnesses at the park, Weaver was allegedly paying more attention to her phone than her son the day he died.
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Anthony and his mom were at the water park for its soft opening.
Camp Cohen, at 9700 Gateway North Blvd, is owned and operated by the City of El Paso. Weaver took her son to the park on opening weekend, May 13, according to the Times. While they were there, Anthony was reportedly playing in the water. At the same time, Weaver allegedly sat outside the pool looking at her phone, according to a criminal complaint obtained by the newspaper.
Although signage throughout the park reportedly instructed adults to supervise children in their care, the complaint states Weaver did not heed the warning.
Anthony was not wearing a life vest.
Vests were reportedly available for guests to wear, but Anthony did not have one on the day he died. According to a police investigation, the park's capacity is 1,460 guests, and there were 466 in attendance the day the toddler drowned. Eighteen lifeguards were working that day, and a lifeguard pulled the toddler from the water.
According to the complaint, police interviewed several witnesses.
Witnesses said Weaver sat alone by the pool looking at her phone, the Times reported. One witness claimed Weaver was "all dolled up" and taking photos. Another reportedly saw "the mother singing along to a song that was playing and laying down, looking at her phone approximately seven minutes before the child/victim was getting pulled out of the water."
Other witnesses claim Weaver gestured for Anthony to get into the pool before she walked away and left him unsupervised.
Anthony reportedly died while his mother wasn't looking.
Witnesses allege that Weaver was aloof when guards cleared the pool after discovering Anthony unresponsive. A witness claimed Weaver didn't immediately react when Anthony's body was pulled from the water. Another said it took her "about 5 minutes" to run to her son after his body was taken from the pool.
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Prosecutors formally charged Weaver in her son's death in late September.
She was extradited from her home state of Indiana back to El Paso and booked in El Paso County Jail on September 22 for criminal negligence on a charge of injury to a child by omission. She was released the same day on a $100,000 bond.
Weaver's attorney, Ryan S. MacLeod, said the charges are in retaliation for a $1 million wrongful death lawsuit the mother filed against the City of El Paso, the Times reported.
Prosecuting Attorney Bill Hicks said during a news conference that the charges have nothing to do with a lawsuit. "Every single baby death is reviewed," Hicks said. "I'm not gonna lure myself to a back and forth with a civil attorney. This is criminal proceedings. It's the state of Texas versus Ms. Weaver. I don't have anything to say to him."
A release from MacLeod's office indicates otherwise.
"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," the release reads.
