Local drowning cases point to disturbing trend

Kim Smith

Thursday, April 4, 2002 | 11:01 a.m.

Prosecutors have approved a felony child neglect charge against the mother of an 11-month-old boy who nearly drowned after being left alone in a bathtub for almost 20 minutes, and charges against other parents could follow.

According to a Metro Police report, Jennifer Brox, 24, left her son Logan in a tub with the water running on March 7 while she chatted on the phone and watched the TV show "Survivor."

The decision to press charges against her comes the same week an 18-month-old child almost drowned in a swimming pool and as prosecutors prepare to examine two fatal infant bathtub drownings in the past two months.

Prosecutors and police say the cases show an alarming trend of inattentiveness by parents and, with the weather turning warmer, officials are concerned about the potential for more incidents.

Fire and rescue officials point out that last year 59 children under age 14 were victims of drowning or near-drowning accidents. Eight of the children died and 10 others suffered permanent brain damage, officials said.

This year eight accidents have occurred, the latest one on Monday, when a child fell into a backyard pool. Two babies have died and Logan Brox suffered brain damage, officials said. The child who fell into the pool was released from Sunrise Hospital Wednesday.

The two deaths -- infants believed to have drowned in their bathtubs -- are being investigated to see if the parents were negligent, prosecutors said.

One-year-old Emily Hayden died Jan. 28 in Henderson, and Avner Mufson, also 1, died Feb. 7 in Las Vegas. Official causes of death in those cases are pending, the Clark County Coroner's Office said.

Once a determination is made, Chief Deputy District Attorney Doug Herndon said, he has asked police to forward their investigation to the DA's office for possible charges.

"I think these cases need to be submitted so we can take a close look at them to decide if there is some type of criminal neglect," Herndon said. "Willfully and intentionally leaving a child alone in a bathtub, even though they may not mean the child harm, may rise to the level of criminal neglect."

Parents need to know there are no excuses for leaving a baby in or near water, Sandie Durgin, supervisor of Metro's abuse and neglect detail, said.

"The baby in the bathtub is more important than all of the rest," Durgin said. "The person on the other end of the phone can call back."

According to police reports, Brox left her son alone in the tub twice.

Brox told police she left the boy in the tub while she checked her answering machine. When Brox looked in on her son moments later, she discovered he had pulled the plug. Brox re-plugged the tub and again left her son, this time to return a phone call, according to the police report.

After speaking with a friend on the phone for five to 10 minutes, "her husband told her that 'Survivor' was on the television and to come and watch it. Ms. Brox states she sat down and watched the show for approximately five to 10 minutes when she suddenly remembered Logan was left unattended in the bathtub," the police report says.

The baby was found floating in the tub with the water still running. He has suffered severe brain damage.

The district attorney's assessment team, led by Chief Deputy District Attorney Tom Moreo, approved charges against Brox after concluding that a reasonable person could predict the outcome of leaving a small child alone in a bathtub, Moreo said.

"It was like taking this 11-month-old boy, throwing him in a pool and saying 'swim,' " Moreo said. "I feel sorry for the parents, but somewhere along the line people have to be held responsible for their actions or lack of action."

But Attorney Randy Pike, who represents Brox, said charges should never have been filed.

"Jennifer is a really good kid who is very attentive to her children," Pike said. "This was just a horrible accident that happened."

Pike said the fact that the child was revived indicates Brox's guess that she left him alone for as much as 20 minutes was wrong. The boy is now at home and responding to both touch and sound, he said.

Pike compared the death to two cases last year in which infants died after being forgotten in their parents' sweltering cars. No charges were filed in those cases, and the community became upset, he said.

Prosecutors are now reacting to that pressure, Pike said.

"But for those cases not being prosecuted, this case would never be prosecuted," Pike said.

Herndon said there is a difference between the two scenarios. In the Brox case, the mother intentionally left the child unattended, despite knowing the dangers.

In the car cases, the parents unknowingly left the children, Herndon said.

A similar distinction is made in swimming pool drownings, he said, as a case last year illustrates.

Prosecutors decided to charge Gregory S. Jones and Rovelyn Aban with involuntary manslaughter and child abuse charges in connection with the May death of Aban's 5-year-old daughter, Ammacyn, because the adults gave the girl permission to play by the pool, even though they knew she couldn't swim, he said.

The couple even closed the door so their cats would stay inside, prosecutors say, making them unable to hear splashing or calls for help. They found her at the bottom of the pool 15 minutes later, after realizing they could no longer hear her playing.

That case is far different from a child who slips outside unnoticed and drowns in a backyard pool, Herndon said.

Durgin said she applauds the district attorney's office for taking a close look at the drowning cases.

"I'm not sure going to prison does anyone any good, but how many summers do we have to say 'Watch your child'?" Durgin said. "It's time to get serious."