Three-year-old Anthony Leo Malave drowned at Camp Cohen Water Park in El Paso, Texas, on May 13, 2023, and died at a hospital the following day. His mother, Jessica Weaver, 35, was accused of spending hours on her phone and singing along to music while her son was in the pool without a life vest and without adult supervision within arm's reach, as required by park signage. Witnesses reported the mother was never paying attention, and one described her encouraging the toddler to enter the pool before walking away. A lifeguard pulled the child from a 4-foot-deep section of the pool. Weaver was subsequently arrested in Indiana and charged with felony injury to a child by omission. She also filed a $1 million wrongful death lawsuit against the city of El Paso and the park's management company, alleging the park was understaffed with untrained lifeguards and that surveillance video was destroyed.
Contexts/Conditions
Is there any mention of child drug ingestion or overdose?
Is there any mention of a drowning incident (either intentional or accidental)?
The child drowned at Camp Cohen Water Park. The NY Post article states: "One of 18 lifeguards working at the park pulled Anthony out of a 4-foot-deep section of the pool where he drowned." The El Paso Times confirms: "Anthony Leo Malave, died at a hospital on May 14, a day after he was found unresponsive in a pool."
Is there any mention of a firearm incident?
Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?
Multiple witnesses described the mother as inattentive while her 3-year-old was in the pool. The NY Post article states she "spent hours looking at her phone and singing along to music" and one witness said she was "never looking up or paying attention to anything." Another witness said she "encouraged the toddler to go into the pool before walking away and leaving the boy by himself." The El Paso Times reports the DA said Weaver was "not paying attention to the child and the child drowned." Signs at the park required children 6 and under to "be directly attended by a swimming adult" and "supervised by an adult within arm's reach," which the mother was not doing.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
Is there any mention of malnutrition, starvation, or dehydration?
Is there any mention of medical neglect?
Is there any mention of a motor vehicle crash or incident?
Is there any mention of a murder-suicide incident?
Is there any mention of outdoor elements (including hot car deaths)?
Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?
Is there any mention of sexual abuse?
Is there any specific mention of shaken baby or abusive head trauma?
Is there any mention of prolonged abuse or torture (including restraints, captivity)?
Is there any mention of an unsafe sleeping environment?
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
Was a biological mother involved in the death?
The child's biological mother, Jessica Weaver, was charged with injury to a child by omission in connection with her son's drowning. The NY Post states she was "accused of negligence and charged with injury to a child by omission in the death of her only child, little Anthony Leo Malave." The El Paso Times confirms she "faces a felony charge of injury to a child by omission."
Was a day care worker, babysitter, or nanny involved in the death?
Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?
Was a foster parent involved in the death?
Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?
Was another adult relative involved in the death? (e.g., grandfather, aunt)
Was a sibling involved in the death?
Child Characteristics
Was the child adopted?
Was the child homeschooled (including "cyberschooling") or taken out of school?
Was the child in foster care at the time of the incident?
Was the child living with relatives at the time of the incident (but not parents)?
Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)
Is there any mention of a physical child disability? (e.g., feeding tube)
Is there any mention of prematurity or low birthweight?
Is there a history of child protection reports prior to death (for this child or siblings)?
Does the child have a history of foster care (but not in care at time of incident)?
Is there a history of a sibling death (separate incident from this death)?
Parent/Caregiver Factors
Was an adult charged or arrested for the child's death?
Jessica Weaver was arrested and charged with injury to a child by omission. The NY Post reports: "Jessica Weaver, 35, was accused of negligence and charged with injury to a child by omission in the death of her only child." The El Paso Times confirms: "The mother was arrested Aug. 30 on a fugitive from justice warrant on a charge of injury to a child by omission from El Paso." She was booked into the El Paso County Jail on Sept. 22 and released on a $100,000 surety bond.
Is domestic violence by the parent/caregiver referenced?
Is there any mention that the death occurred in a temporary shelter or while homeless?
Is an intellectual disability of the parent/caregiver referenced?
Is the mental health of the parent/caregiver referenced?
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
Notable Details
Several notable details emerge from the source texts. First, the mother filed a $1 million wrongful death lawsuit against the city of El Paso, Destination El Paso, and ASM Global before criminal charges were brought. Her defense attorney, Ryan MacLeod, alleged the criminal charges were retaliatory, calling the DA's press conference a "political stunt." Second, the lawsuit alleges the city "destroyed surveillance video on the day of the drowning" — evidence potentially critical to both the civil and criminal proceedings. Third, the El Paso Times reports that the city sought lifeguards with "no experience required," and the lawsuit claims Camp Cohen was "severely understaffed and that the few lifeguards on duty were undertrained and had no idea what they were doing." Finally, the drowning occurred during a "soft opening" of the city-owned water park, raising questions about operational readiness.
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