'What if I drown': Police release new details about 4-year-old's drowning in Burke County

On the day of 4-year-old Israel Scott's drowning, his mother said he did not want to go to swim lessons. She told Burke County Sheriff's deputies that he asked her, “What if I drown?” She jokingly reassured him that he wasn't going to drown – but hours later, Dori Scott was begging to hold her son next to the pool as another parent, a nurse, performed CPR.

Burke County Sheriff Alfonzo Williams issued a statement Wednesday night saying the autopsy concluded Scott's death was a result of accidental drowning. He also said after researching safety protocols, he and Assistant District Attorney Rex Meyers determined "the case lacks sufficient evidence to prove criminal negligence" and the sheriff's office is "unable to move forward with this case."

Following the sheriff's release, Scott's mother, Dori, posted a statement on Facebook which she gave The Augusta Chronicle permission to use after declining an interview request.

"... We will not stop until justice is served," she wrote. "This shouldn't have happened and we want to make sure it doesn't happen to anyone else. You have to be held accountable for your actions …"

Sheriff Williams said the department's findings "have been forwarded to the District Attorney for further review." However, Augusta Judicial Circuit District Attorney Jared T. Williams released a statement Thursday afternoon saying the District Attorney's Office had not received the completed case file regarding the investigation into Scott’s death.

DA Williams The district attorney confirmed his office received the file later Thursday afternoon.

A panel including the deputy chief of special victims, deputy chief of operations, chief assistant district attorney and district attorney will be convened to review the case in its entirety, according to district attorney Williams.

"The decision on any potential charges will be made independently of any other agency. That is what justice demands, and what this family and community deserve. At the conclusion of the panel’s review, we will announce a decision," he said.

Sheriff's office releases more details on drowning

On June 14, the Burke County Sheriff’s Office and Burke County EMA responded to 113 Deer Run Road in Hephzibah, a private residence, for the possible drowning of a child.

Scott, along with nine other children, were attending swimming lessons provided by Lexie TenHuisen. Scott "got into the deep water of the pool undetected," according to Sheriff Williams.

Earlier: Two die from drowning in Richmond, Burke counties

Scott was noticed by TenHuisen’s granddaughter after she went to remove the pool vacuum from the shallow end of the pool. TenHuisen had just gotten out of the pool with the children to dry off after the last child’s swimming relay, according to Sheriff Williams.

After hearing her granddaughter's pleas for help, TenHuisen "immediately jumped back into the pool to rescue Israel," Williams wrote. "At this time, Israel (Scott) was unresponsive..."

Scott's mother, Dori, told police TenHuisen did not allow parents of kids four years old and up to stay in the swim area, so she stayed in her vehicle. Around 10:55 a.m., a woman knocked on her window and told her to “come and get your baby.” She said the woman had tears in her eyes and then when she got closer, she saw her child laying on the deep-end side of the pool and CPR was being performed. Dori said TenHuisen was standing next to the mother that was performing CPR, according to the officer's report.

TenHuisen told police it was the group’s second swimming lesson. She said Scott was not afraid of water and "he was just all over the pool," according to the report.

Scott was taken by ambulance to Burke Medical Center and then transferred to  the Children's Hospital of Georgia in Augusta, where he later died.

The pool, which is 16 by 32 feet, was built in 2011 in the backyard of a residential home not owned by TenHuisen, according to Burke County property records.

Detectives noted "there were no markings of pool depth in or around the pool," according to the officer's report.

According to the investigators notes provided by Burke County Sheriff's Office, the owners of the property, Richard and Melissa Jones, were not interviewed by Burke County detectives, according to the report.

Dori Scott told police she asked how her child got in the deep end, to which TenHuisen said she didn't know.

"Dori asked, 'What do you mean that you don’t know?' " according to the officer's report.

Sheriff Williams said even though investigators did not find any evidence of negligence, the department has grieved and is deeply saddened by the loss.

"We offered at the onset our sincerest sympathy to the Scott family," he said. "One does not expect to take his/her child to swimming lessons to learn water safety and not have the child returned to them safely. We have been in constant contact with the Scott Family and shared the findings of the case privately, prior to releasing any information to the public."

On Sunday, Dori Scott released a statement on Facebook and later gave The Augusta Chronicle permission to use it as her comment:

"How does signing your baby up for swim lessons to learn water safety and to prevent them from drowning lead to your baby drowning at swim lessons? How does the sheriff's office investigate, and come to tell you that the instructor doesn't know, nor did anyone see what happened? How is no one held accountable for this and my son has been gone for almost 3 weeks? … I have no closure, no answers and no Israel."

Sheriff Williams and investigators visited the Scott's home on the day of Israel's death to offer condolences and promise the Scott family a complete and thorough investigation, according to the officer's report. Israel's father, Walter Scott, asked the sheriff to explain the terms “accident” and “negligence.” Williams provided legal definitions and told the family that the investigation was ongoing to determine whether the negligence in this case was criminal or civil.

Police conducted an additional phone interview with TenHuisen and she said after the incident, she received death threats. She told police that on the morning of Scott's funeral, she woke up and started crying because "it ripped her guts out."

During the phone call, TenHuisen asked about being charged and police told her "we were not down that road at the time and that she will be OK, noting nothing so far suggested criminal negligence," according to the officer's report.

The Augusta Chronicle reached out to TenHuisen for comment via phone call and text message, but did not receive a response as of 10 a.m. Friday morning.

This article originally appeared on Augusta Chronicle: Izzy Scott’s drowning not criminal sheriff says, Augusta DA to review