Zaviah Garner
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CANDID ID: AL_22_632
AGE
1   year
STATE
Alabama
DATE OF DEATH
5/31/2022
DEATH RECORDS
Not Available
STATE REPORTS
Not Available
SUMMARY OF DEATH
One-year-old Zaviah Garner drowned in a pool on May 31, 2022 (described as Memorial Day 2022) while in the care of her grandfather, Tony Allen Burks, age 44, at a residence in Madison, Alabama. Burks was grilling and was under the influence of a substance — later revealed at trial to be marijuana, as he was "hitting a bong" — when the child accessed the pool area unsupervised. Burks was arrested on June 20, 2022, initially charged with manslaughter, and released on a $30,000 bond. A grand jury indicted him on April 14, 2023 for recklessly causing the child's death. His bond was later revoked after a marijuana possession arrest in Limestone County. At trial in April 2024, a jury unanimously convicted him of the lesser charge of criminally negligent homicide, and he was sentenced to one year in the Madison County Jail.
Contexts/Conditions

Is there any mention of child drug ingestion or overdose?

Is there any mention of a drowning incident (either intentional or accidental)?

All three documents explicitly describe the child's death as a drowning. Document 1 refers to the "drowning death of a child." Document 2 reports Burks was convicted for "the drowning death of his granddaughter." Document 3 states the indictment described "a substantial and unjustifiable risk that his conduct would cause the drowning death of the infant victim."

Is there any mention of a firearm incident?

Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?

All three sources describe a situation of inappropriate supervision. Document 1 states Burks "was grilling when the child got into the pool" and "was under the influence of 'some substance' at the same time." Document 3 states Burks was "'grilling out' and was 'under some substance' while Zaviah was in his care when he 'allowed her in the pool area.'" Document 2 reveals that during the trial it was discovered Burks was "hitting a bong" when the drowning happened. The child, a 1-year-old, accessed the pool while the caregiver was impaired and not adequately supervising.

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?

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)

All three documents confirm that the person responsible was the child's grandfather. Document 1 states "Zaviah's mother said Tony Burks was her father and Zaviah's grandfather." Document 2 confirms "Burks was the victim's grandfather." Document 3 describes him as a "Madison man" who had the child "in his care" at the time of the drowning. He was convicted of criminally negligent homicide for the child's death.

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?

All three documents confirm Tony Burks was arrested and charged. Document 1 states he "was arrested on June 20, 2022." Document 2 states he "was found guilty of negligent homicide and sentenced to one year in jail." Document 3 confirms "Tony Allen Burks was initially charged with manslaughter" and a jury "unanimously convicted him of the lesser charge of criminally negligent homicide."

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?

Multiple documents reference substance use by the caregiver. Document 1 states Burks "was under the influence of 'some substance' at the same time." Document 2 reveals that "During the trial, it was discovered that Burks was 'hitting a bong' when the drowning happened." Document 3 states he was "under some substance" and also notes his bond was revoked after he was "arrested in Limestone County for first-degree possession of marijuana."

Notable Details

Document 3 reports a notable detail: Burks's bond was revoked after he was "arrested in Limestone County for first-degree possession of marijuana" following his release on bond for the drowning case, and he was "rebooked into the county jail on June 16" where he was held since. Additionally, the charge was downgraded from manslaughter to the lesser offense of criminally negligent homicide at trial, resulting in a sentence of only one year in jail for the drowning death of a 1-year-old child. Document 2 reveals that it was discovered during trial that Burks was "hitting a bong" when the drowning happened, specifying the nature of the substance use that was initially described only vaguely in the criminal complaint.

Lives Cut Short