During a school-sponsored field trip last summer, 12-year-old Giver Essien plunged beneath the surface of a Great Barrington pond, and her actions were not ignored.
At least three other kids on the same field trip informed a site supervisor that the Pittsfield student couldn’t swim and had submerged, according to Berkshire District Attorney Timothy J. Shugrue. He claimed that staff members ignored their concerns and didn’t realize Essien was gone until the pupils got on the bus to return from Beartown State Forest.
Prosecutors claim that two Pittsfield instructors, including the site supervisor, violated state-mandated water safety laws before to Essien’s drowning tragedy on July 17, 2024, and they are now facing manslaughter charges.
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During a press conference on Thursday, Shugrue stated that the inquiry determined that Giver’s death was caused by the careless actions of program coordinator Linda Whitacre and site supervisor Meghan Braley. Even though they may not have meant for this to happen, this occurrence was brought on by their actions—or rather, their inaction.
On Wednesday, a grand jury indicted Whitacre, 67, and Braley, 29, on charges of reckless endangerment of a child, permitting serious bodily injury of a minor, and involuntary manslaughter.
Braley will be arraigned on August 4; he has since moved out of Pittsfield. On Thursday, her attorney was not immediately available for comment. Whitacre did not immediately reply to a request for comment; she is scheduled to be arraigned on July 14.
What happened at Benedict Pond?
When Essien, a student at Herberg Middle School, drowned last summer, a few days before her thirteenth birthday, the two teachers were involved with Pittsfield Public Schools’ 21st Century program.
Shugrue claimed to have a snapshot of Essien in the water at Benedict Pond at 12:48 p.m. He claimed that although at least three kids allegedly informed Braley that Essien had gone under, personnel didn’t notice the girl was gone until students were being loaded back into the bus between 1:30 and 1:42 p.m.
It was absurd, according to Shugrue, that the first search was restricted to restrooms and dressing rooms and that Giver’s father was called to inquire as to whether she had returned to Pittsfield. He said that only one other child on the excursion and a local lawyer who just so happened to be at the park with his family called 911.
At 1:58 p.m., Essien’s body was removed from the water after a Pittsfield physical education instructor, who was in charge of another activity, discovered her swimming in a grid pattern. According to Shugrue, first responders spent over half an hour trying to revive Essien.
In this instance, Giver claimed that a number of careless and avoidable mistakes directly led to the unexpected death of a kid.
It could have been prevented
Christian’s Law and Department of Public Health laws in Massachusetts mandate that before permitting a child to swim in freshwater or marine environments, recreational programs and camps must assess the kid’s swimming skills. Additionally, the rule mandates that camps and summer programs provide personal flotation devices to kids who have trouble swimming.
Shugrue claimed that Pittsfield educators failed to take these safety measures before their field trip to Beartown State Forest and that the permission slip for the trip made no mention of swimming.
He claimed that it was concerning that kids who couldn’t swim were let into the water and that neither the kids nor the personnel had access to life jackets or flotation equipment. Giver was unable to swim.
Shugrue claims that although a permit for the state forest’s use indicated that 25 pupils would go on the excursion, over 35 did. The DA stated that a gathering that size would need two lifeguards, even though there was only one.
According to him, the first idea was to have two distinct groups of roughly 15 students swim at once. However, Shugrue clarified that the site supervisor permitted all children to enter the water simultaneously because the tour was running behind schedule.
He claimed that the high school student lifeguard didn’t have the advantage of an elevated stand or chair and believed he would only be watching 15 pupils at a time.
He fulfilled all of his obligations, but regrettably, they placed him in an unworkable situation, Shugrue continued.
The DA claimed that even though the children were initially divided into groups, they regularly switched groups and that neither a buddy system nor a roll call were used to make sure everyone was there.
Shugrue expressed his sadness at Essien’s passing, saying that he and his staff worked hard to raise awareness of the value of water safety last summer—even holding an informational news conference less than a month before the girl drowned.
He claimed that it could have been avoided. The giver need to be living.
Looking ahead
The two misdemeanor counts each carry a possible punishment of two and a half years in jail, while manslaughter carries a maximum penalty of 20 years.
Kristen Rapkowicz, a victim witness advocate, stated that Essien’s family supports the prosecution.
Rapkowicz told reporters, “I think that this is very difficult for them.” He also said, “They understand that this is not going to bring their child back, but they want someone held accountable for her death.”
Shugrue stated that although the girl’s parents are incredibly forgiving, they nevertheless want to ensure that this doesn’t occur again. He claimed that classmates who witnessed Essien’s drowning were also deeply affected by her passing.
The DA claimed that this youngster would not be dead today if these guidelines and protocols had been followed. I just don’t have any questions.
Abby Patkin covers a wide range of topics as a general assignment news reporter, including crime, public transportation, health, and everything in between. She has been reporting on the murder case of Karen Read.
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