There will be no charges filed in the drowning death of a 19-month-old child that occurred back in August at a Clinton residence, says District Attorney Dewey Hudson.

The incident occurred on Sunday, Aug. 30 at the home of Travis and Kathryn Highsmith, located at 8340 Boykin Bridge Road, when a toddler, Haley Nicole Jones, was found floating face down in a 15x4-foot pool. The child had been drooped off at the residence by her mother, Ashley Marie Deetz, who left the child in Highsmith’s care for the afternoon.

“After review by my office of the facts and the law applicable to this case, it does not appear that there exists sufficient evidence to prosecute anyone for Haley’s untimely, tragic death,” said Hudson. “In order for someone to be convicted of involuntary manslaughter the law in North Carolina requires more than mere negligence.”

An investigation into the incident showed that Highsmith was tending to both Haley and one of her own children when she noticed that the toddler had wandered off.

Highsmith immediately started searching for Haley and located her floating in an above ground pool beside her residence. She pulled Haley from the water, laid her on the ground and she and her brother, Raymond Davis, began CPR on her until Sampson County EMS arrived. Officials at the Sampson County Sheriff’s Office said that EMS officials continued to give CPR to the toddler on the way to Sampson Regional Medical Center, however, the child was pronounced dead at the hospital a short time later.

Mrs. Highsmith told investigators that a ladder was normally not next to the pool and should have been down that day. Davis said in reports that he stood the ladder up earlier in the day when he was mowing grass.

Hudson said that the state has to be able to prove, beyond a reasonable doubt, that there existed “reckless or careless” behavior that shows a “heedless indifference” to the rights and safety of others.

“Clearly, Mrs. Highsmith, as the one responsible for watching Haley, had a duty to protect her, and she did not do so,” said Hudson. “However, under the totality of the circumstances in this case, it does not appear that Mrs. Highsmith’s conduct rises to the level of gross and flagrant negligence evincing a reckless disregard of human life.”

Hudson also said he has officially ruled the death “accidental”.

“Certainly Haley’s death is tragic and we should grieve for her family, as this is a heartbreaking case, but it does appear that her death was accidental,” he said. “Haley’s death should be an unfortunate lesson to all parents and caretakers of small children that they can easily slip away and be seriously injured or killed .”

To reach Doug Clark call 910-592-8137 ext. 123 or send e-mail to sisports@myclintonnc.com.