A Texas mother, Jessica Weaver, 35, has been indicted in connection to the drowning death of her 3-year-old son, Anthony Leo Malave, at a water park in El Paso. Witnesses allege that Weaver was “glued to her phone” at the time of the incident, according to court records.
The tragic event occurred on May 13, 2023, at Camp Cohen Water Park, located at 9700 Gateway North Blvd. in El Paso. Anthony was found unresponsive at approximately 5:09 p.m. in a 4-foot-deep pool. Despite being rushed to a local hospital, the toddler died the following day, per the El Paso Times.
Weaver was indicted last month on a charge of injury to a child causing serious bodily injury, nearly a year and a half after her son’s death. Records show that she was initially arrested on September 22, 2023, but released on the same day on a $100,000 bond. Her case remains pending, and no court hearing has been scheduled.
Witness testimony presented to a grand jury last year claimed that Weaver was inattentive during the incident. One witness described her as being “by herself on her phone, never looking up or paying attention to anything” while her son drowned. The water park has clear guidelines requiring children under the age of six to be “directly attended by a swimming adult” or “supervised by an adult within arm’s reach” at all times.
Weaver allegedly failed to adhere to these safety rules. According to a witness, it took Weaver “about five minutes” to respond after lifeguards spotted Anthony floating in the pool and blew their whistles to evacuate everyone. Weaver has denied any wrongdoing.
Her attorneys from the Houston-based law firm Webster Vicknair MacLeod argue that the city of El Paso bears responsibility for the incident. They claim that lifeguards were unprepared to provide medical assistance, which contributed to Anthony’s death.
In addition to her defense, Weaver filed a lawsuit against the city, alleging that it destroyed video evidence from the day of the drowning. This footage, she claims, would have demonstrated the lifeguards’ inadequate response after her son was pulled from the water. The lawsuit remains pending in state district court.
As the legal battles unfold, Anthony’s death continues to serve as a grim reminder of the importance of vigilance and adherence to safety guidelines, especially around children in potentially dangerous environments.