Serving Clovis, Portales and the Surrounding Communities
No criminal charges will be filed in connection with a March 6 near-drowning at Dennis Chavez Park, District Attorney Andrea Reeb announced on Thursday.
A 2-year-old boy was treated at Lubbock's Covenant Hospital for about 10 days after the incident, but is now "home and doing well," Reeb stated in a news release.
According to the news release, police and emergency personnel responded to the park for a report of an unconscious child who was not breathing.
Also from the release:
The child had been in the custody of his grandfather, along with his 7- and 3-year-old siblings.
"The children were left in the custody of the older child while the grandfather smoked a cigarette in his vehicle which was parked in the parking lot adjacent to the playground ... At some point, the grandfather noticed he could not see (the 2-year-old) ... He started searching for the child and discovered him lying face down in the water. He pulled the child out of the water and began CPR until emergency personnel arrived."
Reeb said she reviewed the case and found the grandfather did not act "with reckless disregard," which is required "under the law."
“While the grandfather was surely negligent in this matter, under the law, he has to be more than merely negligent," she said. "I don’t believe his conduct rises to the level of reckless disregard. I am thankful the child is doing well.”
Officials have not released the name of the child or his grandfather.