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Winston-Salem police say no charges will be filed in girl's drowning

Thursday, August 13, 2009
(Updated 5:40 am)

WINSTON-SALEM - Winston-Salem police have finished their investigation of a drowning June 26 at Kimberley Park's swimming pool and concluded that no criminal actions were involved.

Ja'Nae McCullum, 6, was found in the deep end of the pool during a Salvation Army outing in which she was taking part. The girl did not know how to swim, family members said. A city employee noticed her submerged in the water, and a lifeguard jumped in to pull her out.

Attempts to revive her were started immediately and continued as she was taken to Wake Forest University Baptist Medical Center. The Forsyth County medical examiner ruled her death an accidental drowning.

Police Capt. David Clayton said in a news release that detectives were not able to answer every question they have about the drowning, but they did conclude that no criminal actions were involved.

City officials said that an attorney for the McCullum family has contacted the city and the Salvation Army. City officials said that the city has hired lawyer Kevin Cartledge in regard to any potential claim. The Salvation Army is being represented by attorney Dan Hartzog.

The city posted a 155-page document on its Web site that contains reports completed by police officers and investigators and the permission slip for going to local pools signed by McCullum's mother, Tamika McMoore.

Family members could not be reached for comment last night.

Police said that the reports include those filed by the uniformed officers who first responded to the drowning call, those of detectives who did follow-up interviews, and reports of forensic technicians.

Police said that the findings were presented to the county district attorney's office, which agreed that there was nothing criminal involved in the drowning.

In a statement issued after the city had posted its report, Terry Israel, the area commander for the Winston-Salem Salvation Army, said that the Salvation Army remains concerned about McCullum's family and everyone else involved. Because of the potential for a legal claim, however, Israel declined to comment on any specific matters set forth in the police reports. Israel said that the Salvation Army would continue programs "with a renewed commitment to ensure the safety of those we serve."

Israel commended the city for putting in new procedures at city pools. Those include an additional safety line and color-coded wristbands to help identify weak and strong swimmers.

McCullum's death was the third drowning in a city pool in recent years.

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