Tiqua Johnson: Detective McMullin: ‘Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Tiqua Johnson Date of birth? XXXX Um, this is in reference to the death investigation of uh Victim, Okay. Um, what do you know about that? You said you got there around two o°clock? ‘Yes, | arrived at the beach like around two o'clock. I had met some of my other family there Hmm mm. which I previously had went to that beach before so I didn’t know Victim personally but I knew the people he was with Okay. so we was like swimming near each other. Yup. Yup. Um, I was there with my child, um, another family member, alittle cousin of mine, and then my daughter's friend, Okay. So, we was all swimming in the water and um they was like swimming a little bit to the left of me, I want to say, so the, what made me notice them is that [ knew two of the people that Victim's mother was with. Okay. And I was like looking around for my daughter for a little bit, and [ couldn’t find her so I had to like travel throughout the water Yup. and they was all swimming together, which was fine. I found my daughter after looking for her like a few minutesDetective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Hmm mm. and then, you know, like later on we're still swimming, and you can like quahog and stuff there Hmm mm, so um then I see one of the girls, Patricia Hmm mm. and she’s looking all around, and I’m like, you know, what's the matter, and she’s like oh, we can't find my friend’s son. So, I'm like, okay, where was the, you know, we're talking, I'm like where was the last place you saw him? And she said oh in the water where we was like swimming at like in that area so I'm like all right well did you tell the lifeguards? So, they was already talking to the lifeguards so I'm jike well, I can help you look for him. Me and my cousin. So, we're looking around when we go like around the bend, Hmm mm. they have like the little thing where you could go around them, you know, like kids go over there all the time ‘cause they catch like little crabs. So, we went over there. We're looking all over so um, you know, she’s talking, I see them talking to the lifeguard and you know soon as we go around the bend and come back, the lifeguard blows the whistle. Like everyone out of the water. One of the lifeguards, but there was two of them Yeah. One of them was like a shorter Spanish-looking man. Okay. I'm not really sure if he was Spanish, and the other one was like a taller white man, Yup. So the, the shorter one, he blew the whistle, and he told everybody to get out of the water so I’m like everyone’s looking so we all get out and peoples asking questions now, like why we have to get out and you know they’re like oh, you know, they can’t find the little boy. So the one lifeguard, he got in the water but he was not in the area that they was at, more toward the right in the area that I was at, and then he was like walking around a little bit, and then he got out. 31Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: What, what did he, which one was that one? The shorter man, Okay. The All right. [ gotcha, So um so after, I guess, I don't know he didn’t find anything. So, I’m like well he has to be around here somewhere. Like, you know, did yous call the cops? Like we're asking all these questions so everyone, like a lot of people on the beach now are like oh we should start looking. You know, they was over there talking to the lifeguard, and he’s like ‘Oh, I know how to do my job. I'ma Marine”, and this and that, and they're like, you know, so after a while, you know, people, a lady says, you know, ‘Oh, we should like comb the water, she called it, and she was like everyone hold hands and then go through the water. So, I'm like all right that’s a good idea, so they’re like, oh, does anyone want to help so I’m like, you know, at this point I brought my daughter and her friends back to our blanket because we had a blanket. She was like oh, you should do it, so I'm like okay, so we combed the water, and we go from one area to the right, well, if you're looking at the beach, it would be to the left East? ‘Yes, Okay. and then we do that, A whole bunch of peoples holding hands ~ me, the mother, ike a whole bunch of people that was at the beach, not the lifeguard, so then the lady’s like, we're like, damn, we didn’t find him. Peoples still looking. Peoples in the water looking which was me and there was other people on land that was looking. We still didn’t find him so the lady’ maybe we should go back the other way so I was like, oh, that’s a good idea ‘cause that’s the area that they was in and when we went back the other way, she, a man was like Oh my God, Oh my God, and then you know everyone's like you know pick him up but the lady end up, someone end up picking him up. Idon’t really know the whole story. Hmm mm. And then from there, she brought him and then you know by that time the police and everyone was there but it was crazy. 32Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: ‘Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Yeah. Crazy. But they didn’t, | don’t know, 1, I, maybe they didn’t know what to do because you know I didn’t know what to do. Like that, 1 was never in a situation like that before but I just looked at him ‘cause like it could have been my kid ‘cause I couldn’t find her Hmm mm. 10 minutes before they couldn't find him. Yeah, So you know, things like that do happen at the beach but How old is your daughter? Ten. Ten. Uh, you, you said the, the, the lifeguard said he was a Marine? ‘That’s what he said, something like that. He had like a Army backpack or whatever. He said he knows his job and you know, this and this. He knows what he was doing, and he was like a Marine or in the Army or something of, something of that nature, Who's he telling this to? To the mother, like to the mother ‘cause they’re like, you know, they’re telling him that they last saw him in the water but he didn’t want to hear that, I guess, Idon’t know. He, he was looking but he didn’t look in the water specifically. Yup. ‘You know, he was looking like on land but there was a whole bunch of people at the beach that was looking too ‘Yeah. and at first they was thinking, oh we just have to get out the water. No one knew why, and people started asking questions Yup. but I knew previously because I know 33Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: ‘Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Yup. the girls that she was with, and I asked her what happened. Like you could tell like something was wrong. ‘Yeah. So you know and then people started coming up to them asking and you know a lot of peop, there was a lot of people and a lot of kids so peoples like and some guy, who was on like a kayak, he was like oh, you know, you have to act like this is your kid. Like he was swimming around the area looking. Like it, everyone was just looking crazy. Yup. Um, did the lifeguards seem like they like, let me put it this way. How was Patricia, LeeAnn, and Victim's Mother? Where they frantic or ‘The mom was actually, I thought, she was like, I’m not gonna say she was like crazy frantic but you could tell by her face that something was wrong, like you could tell by looking at them Yup. because I saw them previously, and they was all happy. Yeah, Right. And then you know she didn’t seem like oh my God my baby, but you could tell that something was wrong, and you could tell that she was looking for something Okay. because they was in the water previously when the lifeguard had told everyone to get out. He was looking at one area, They was looking too, in the area of where the kid was. Okay. Um, how about the lifeguards? Did they seem like they didn’t, like they were frantic or No. Panicked? ‘They didn’t seem worried at all.Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Not at all? Nope. Okay. 1 think because people were telling a lot of different stories of where the kid was, like where they saw the kid but there was so many kids there, there’s no way that you can know what this one kid looked like unless you knew him, Yup. ‘You understand what I'm saying. Yeah, absolutely. “Cause I was with a lot of kids that fit the description of the kid. Yup. Yup. ‘You know my aunt has, she had her grandson. He’s six. Yup. He’s brown skinned. Yup. My cousin had her son. He was six, He was brown skinned like, you know, and no, no shirt, just shorts on. Yup. So, you know, there was like a lot of stories going around of where oh I saw him at the bathroom, oh I saw him here ... but you wouldn't know where you saw him unless you knew him, ‘Okay. Um, when you, when you were in the water over there Hmm mm. id you notice any um like deep dips in the bay or any like uh holes or anything? 35Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective McMullin: Tiqua Johnson Detective MeMullin: So, yes. I don’t, in, in that specific area, I can’t say I recall but I know in the area where I was swimming, yes, because because that beach has like clams and quahogs Yup. and that’s what people do. They quahog there. Yeah, yeah, yeah. So, yeah, there were a whole bunch of them. Okay. How many people were at the beach that day? ... If you went ahead and guessed, an estimate. Okay, so, I came with one, two, three, four ... I came with at least 20. Really? It was me, | came with my daughter, her friend, and my other cousin's daughter. That’s four. My other cousin who came with me, Myesha, she has three kids and herself. That’s another four. ‘That’s eight. Yeah, Her sister came with her son. ‘That's 10, and then my aunt came with her boyfriend and then her grandkids, which was one, two, three, four, five ~ I had to be with at least 20, They, they was with one, two, three adults and Hmm mm, probably like five kids, if that, or something like that, give or take, so { don’t know, alot. Maybe like uh ... if I had to estimate, I would say more than a hundred, Okay. I'm, I'm getting an estimate of 100 to 150. ‘That’s what | was thinking. Yeoh. Around there, ‘Um, at the time, how many were in the water when Victim went missing, do you think?Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: So [mean not, not a whole 100, I mean, my point is not all 150 were in the water at that No, probably maybe like, so I'd been there for a while when I first got there, more people were swimming Yup. so as the time goes on, you know you get tired. Right. People leave. Yup. People get out the water for a little bit so, I don’t know, maybe like six, between 60, around 60. All right. In fact Okay. All right, um because the beach is big so they’re scat, people scattered doing all different things Yeah in all different areas. More to the right where I was, people was quahogging a lot. More to the middle, people were swimming. More to where they are, people were swimming like P’m gonna show you a map, as soon as I find it. Uh, uh there it is. This is the map, okay, do you remember this? It's, it's kind of like a gazebo or a deck. Like a playground area, Yeah, yeah. Okay. 7Detective McMullin; Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: ‘Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: ‘Yup, and the lifeguard chair would be probably around here somewhere. I’m gonna just mark it with a little X in a box. Uh, where were you swimming in? Okay, so I was swimming more to the right so I would say like over in this area Okay. and like I said it was to the left of me. Yup. But I could see them. Yup. Yup. ‘You know like I could see them enough to know that I knew them so they ‘wasn’t too far from me but Okay. All right. they was like a nice distance, Okay. ‘They was right near the lifeguard actually. Their, their blanket Yup. was like near there. It was right around here? Yeah. My blanket was more to the right because like I said, 1 met people there. Yeah, all right. ‘They already had set up before I got there. Already set up for you. Hmm mm, Yeah, | get you. So, and they were swimming probably ... would you say that they were swimming in line with the lifeguard chair? Yeah. 38Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective McMullin: Allright. Okay. Roughly, around that area, And you were swimming probably over here somewhere? Yup. I know this isn’t to scale but I’m just trying to get No. a picture of what's going on. Yup. Um, okay. Um ... so do you know Vietim? Did you know what he looked like? , 1... 1,1 saw him, I didn’t know him previously from the beach but I saw him there with them so I have a idea of how he looked. I didn’t know him previously to that, no, No? Okay. Would you know Tricia and Lee Ann? ‘Yeah, But I didn’t know the mother. Okay. I knew them because | used to work with their sister a long, long time ago at Head Start, Okay. All right. Like where my dau, ten years ago it was that like Okay. All right. You know. Um, bear with me one second ... Paid my bill, so ... Is that Victim? Honestly, I can’t see his face so I wouldn’t know. Tl try to get you ... 39Tiqua Johnson: Like they was with a few little kids (A Dunkin Donuts patron says “Good moming, folks.’ Detective MeMullin and Tiqua Johnson respond back ‘Good moming.") Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Try this. Isa video. Just give it a minute, my service is, Is this on that day? Yeah. Idon’t want to watch it. Oh, okay. All right, I'm sory. Not a problem. Not a problem. I'm sorry I didn’t ask you. I’m just trying to ... Someone sent me this, and I don’t know if it’s Victim or not because as you know, there was another Victim there. Oh, I didn’t know that. Yeah. So that's what I’m, I'm ... I, [don’t want to have the wrong, information. And he was found in the aarking lot and everyone thought it was him But that’s the thing, though. So, there was two kids named Victim there? Do they look alike? They couldn’t have had on the same thing because that would have been a coincidence. Yeah. Yeah. That I don't know. [don't know. That's, that’s ‘That's what you're trying to figure out right now. what I'm trying to figure out. Yeah. And now they sent me this, and they said this, this little boy's name was Victim and he was playing with my son. Okay. 1, [don’t know if it’s him or not. Hmm. So ‘That was like a bad day for me.Detective McMullin: Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Oh, it was awful. I know my daughter doesn’t want to go to the beach. None of that ever again Pll never be at the beach again, ever. Iknow. There are a lot of people, just, just, just came in, and |, I really appreciate your courage in doing it because I know some people just can't. Well, I just And I really appreciate it. 1 know how tough itis. I know I could have been in that situation so you know you never know. I said Tcouldn’t find my daughter Yup. 10 minutes before they couldn’t find him, and I was nervous but | was like oh, let me go check the blanket, Let me go do this Right. ‘You know as soon as I started to get scared. I saw her coming back from where they was at, Then she was like oh mom, somebody said hi. She said to tell you hi, and then I looked over there, and I was like okay, I know her. I’m like don’t ever do that again. I couldn’t find you Oh yeah. like I was nervous Yeah. 0 you know that’s what made me like, oh my, you know, like [ was just in that situation 10 minutes before they couldn’t find him so I was like Yeah. My daughter knows how to swim. Yeah, you've been there. Yup. She’s bigger. You know what I'm saying, Yup. a1Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: ‘Tiqua Johnson: And usually, 1 don’t, when, and when I go to the beach or around any water, 1 always swim, Yup. always get in because you never know what can happen like Yeah, I know. Yeah, I mean he was found in about what three feet of water? Something like that. ‘Yup. The only, the only thing I can think of is, and we'll never know if he stepped in a quahog hole or something “Cause there was plenty, like I said, | don’t know about that specific Yeah, Yeah. area but in the area I was in, that’s why I was so nervous because there was a lot of, there was like, there wasn’t like a million of them but there was enough. I stepped in a few. Yup. ‘And some of them was deep. So it was like you know like don’t do that don’t, like, you know, my daughter always says ‘cause | usually, I don’t usually go to that beach Yeah, you said that Lusually go to like Scarborough Right, ‘or Misquamicut but it's so packed some times that it’s too many people and you can’t watch like that so I was like that so my aunt was like I know another beach that Yeah. is good so I had been previously there one other time, so I was like oh it's lower there like that Yeah. and you can keep a close eye and that’s good but nah uh, aaDetective McMullin; Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Well, it's nice to go there because you don’t have to travel all the way to Scarborough. That’s another thing You know. the travel time but Yeah, so let me try to think, Victim, Vietim, um, did he ... did you notice whether he had any goggles or snorkel or anything like that? Honestly, no. No? There was so many kids there that you know my, the kids that I was with — some of them had goggles, some of them didn’t, so Allright. Okay. Um, Things that stick out to me is like if your child has on like a bathing suit that floats or like a life vest ‘cause my cousin had like a little kid, and he was two, and I was like why you don’t have a bathing, a float bathing suit, or why he doesn’t have like a vest like ... you, you know Yeah. and she was like well I didn’t think of it. Well you should have because you know Yeah. this is previous to this happening. 1 was like you never know, anything can happen, like you know kids think that they can swim sometimes when they can’t or Yeah. they're thinking that they're bigger than what they are like Yeah. Well, he, he couldn’t swim. He, he could only doggie paddle so, and they don’t, they don’t allow like tubes and float things in there, in the water, because um the current, current can grab them and take them out and now, now you turn around, and they're, they’re 100" feet out from you. Um, so that’s, 43Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: ‘Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: that’s why they didn’t allow any of that. Um, okay, so, can you think of anything else? don’t know. It was just a crazy day, like you know, so ... he was in the water for a while though Yeah? He was. At least like 30, 45 minutes we was looking for him. Yeah. In the water and out, He was under there for a long time. When they took him ut, he was like, his body was like blue and purple so Yeah. you know to someone else they’re like oh, he’s breathing, but I know better ‘because I’m going to school to be a nurse. Okay, oh. ‘You know like | know, I can tell the difference. I knew that he was already dead before he even got to the hospital because there’s no way you can stay under water that long Uh, you, you can but it's usually people who fall through the ice and everything freezes. They've revived people for like 45 minutes who've been under the water but not in the weather conditions. But like you know everyone’s like and you know my kid is there with me so 1’m trying (o calm her down. Thad to say oh you know he’s gonna be okay but Ireally knew what it was before you know and it was like Yeah, Yeah. What have you got like three to five minutes without oxygen to the brain? Yup. Yeah it was. It’s a mess. A mess, Itis, it’s a sad situation but you know maybe you know now people will pay more attention. Like spending ten dollars on that bathing suit with the float would be good if your child cannot swim Yeah. 44Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective McMullin: Tiqua Johnson: Detective MeMullin: Tiqua Johnson: Detective MeMullin: Like I like floating even though my daughter can swim Yeah. Yeah. That's just me though, ‘A sense of security, you know. Even with that, I’m still nervous, Yeah. Thave a pool. Ever since that my daughter doesn’t want to go swimming at all. On. mean she don’t want to get in the pool. She don’t want to go to the beach, She doesn’t want to do anything that has to do with water. That's too bad. Well, I can honestly say I’m happy summer is over Me too. Me too. Right. So, she’s back. Did she start today? ‘Yesterday was her first Yesterday? Hmm mm, Okay. Alll right, so what grade is she going into? Fifth. Fifth? She'll be 18 like that. Flies by, doesn’t it? Yes it does. ‘Oh my God. Alll right. Uh, is there anything else you wish to tell me? Anything else you can think of? 45Tiqua Johnson: No. Detective MeMullin: Any questions? Tiqua Johnson: ‘I do have a question for you. Now like that beach, is there gonna be like, ‘eause I understand they had two lifeguards, and they did have to watch a lot of people ~ like is there gonna be like additional lifeguard training or like something like that to like or no? Detective McMullin: Allright. Interview has ended at uh and we'll go with ten o'clock. (Audio ends at 00:22:05) Interview of Lifeguard 1 (DOB XXXX) August 21, 2016 Present: Detective Captain Thomas Hannon, Detective Terrance McMullin, Lifeguard 1, and XXXX XXXX Location: McDermott Pool 975 Sandy Warwick (00:00:00 Audio begins) Detective McMullin: Ok it is uh 8/21/16 at approximately Ill do 1:30, I’m uh at the McDermott Pool with Captain Hannon. I am Detective Terrance McMullin and you are? Lifeguard 1: Lifeguard 1 Detective McMullin: And date of birth Lifeguard 1 Lifeguard 1: Uh date of birth is XXXX. Detective McMullin: This is in reference to uh the death investigation of Victim. Okay, so can you unfortunately you gotta start Lifeguard 1: Start from the beginning Detective McMullin: From the beginning, yea. Lifeguard 1: Yes, Ah, so Lifeguard 2 and myself were on the beach um aa lady approaches us with at the time we uh didn’t know was the mother behind her. Um, the 46lady starts saying that her child is missing. Um, so I walk up we access the situation um we we then start the beach I mean we to say again we uh, Lifeguard 2 stood by them with the family told them to stay at the chair. I walk up and down the beach, can’t find the child, tell them to call the police. Um, walk the beach with the family again twice. Um, start to finish walk the beach three times, the family is calling his name, I’m calling his name, no real description of the child um, other than his name. The description I was given was wrong, really it was. They Detective McMullin: What was the description? Lifeguard 1: The description that the the lady in the pink had given me, the one who first approached us, was that he was and I’m not being racist, she said he was a light skin, um shorter, and chunky. Victim, the child who passed away was not that um person, He he just was2’t, He was not over weight, he was not of any nature of that description. Detective McMullin: Okay. Lifeguard 1: Um, so the description 1 was given was wrong. Um umso I’m looking for the wrong kid throughout the beach. I mean wi within reason ya know, we're calling his name, So, aname is a name you can’t mess that up. Detective McMullin: How many people were on the beach at this time? Lifeguard 1: At least a hundred. Detective McMullin: Okay. Lifeguard 1: Easily. Um, so by this point now everyone’s out of the water. We called people out of the water because we can’t find the child. Accusations and um people are Detective McMullin: When did you dial 9-1-1? Before you got everyone out of the beach or after? Lifeguard 1: Before Detective McMullin: Before, okay. So you you called 9-1-1 first and then called Lifeguard 1: Yes, exactly a7Detective McMullin: Everybody out of the water Lifeguard 1: Yea. Um, Detective McMullin: Sorry, I just Lifeguard 1: Yea, that’s fine Detective McMullin: Trying to keep it straight Lifeguard 1: Um. Detective McMullin: Okay. So you you wre going up and down the beach. Lifeguard 1: So, going up and down the beach um at this point we had gone up and down the beach three times calling the child’s name with the family, police were called, my boss was called. Um, police start to show up. Um, people had started to approach us at the chair an and more so I, I personaily was not in contact with any of the people that said that the child had been seen in the playground or by the parking lot, that was that’s why I had Lifeguard 2 stay at the chair in case anyone had anything to say in case ya know just stuff like this happens where people see something and they realize ya know something by this point everbody knows on the beach that something’s going on. Somebody saw something out of the ordinary, we really are the first place first point of contact. Um, so that’s why I had him stay at the chair and I'm I’m within ear shot anyways ya know walking up and down with the family. So, people had said to him and to the family from what I know, don’t quote me but ya know quote me I guess but um I walked back up to Lifeguard 2 and the family who were. Ya know, I say the family, people in this in this group, I don’t know if they were family. Um, say that their that the child Victim had been seen in the playground /(slash) at the parking lot. My biggest, the biggest pointer to me was that they had said there were there was no sign of distress on the beach, none. One hundred people in the water if something happens, which it did sadly, if something happens you would think as a a parent or someone who has kids if you if you look to your left or to your right all of sudden a kids there and he’s not there, regardless of whether or not he’s your offspring or she’s your offspring, you you have a sense of panic the the slightest bit, something. It’s just I feel like its uh uh instinct that you have. I mean, I don’t have kids but I still ya know regarding the job its just, we watch ya know we we look for things that are out of the ordinary. So, um number one no sign of distress on the beach led me to believe that, ya know and everyone's out of the water, so nonobody had anything to say out of a hundred heads on the beach and in the water, nobody has anything to say, ya knows. So, that led me to believe that he wasn’t in the matter. I’m not ruling that out, wasn’t ruling that out, but with that, the culmination of people saying to the family who and to Lifeguard 2, that they had seen the child in the playground and in the parking lot next toa white van / (slash) truck. That is what I was told. My immediate first thought was ya know police are rolling up at this point, my immediate first thought is that we are on a man hunt because I mean he’s a six year old um from what what we knew. I mean at uh six years old how much do you really know I mean somebody could have just said, the age old tale of stay don’t go near a white van that scme guys offers you candy and ya know so that’s what ya hear van or a white truck, he was out six years old very young doesn’t not keen to the world. So, that was my initial thought so that led me to believe ya know that we didn’t have a drowning on our hands. Um at that point, the police show up, I start talking with the police. I start talking with the fire department when they show up and from there really its just uh running back and forth on the beach between the because the family the family group, I keep saying the family group I don’t really know how to how to address them Detective McMullin: You can just call them the family that’s fine. Lifeguard 1: Alright, yea I don’t how to address them, still the family. Um, so ya know the family was kinda splitting up. It’s hard it’s hard to keep track of them because ya know we were at this point we really don’t know who the mother was because the mother was not the lady who approached us she was actually the one behind her uh the lady in pink who approached us, who later assaulted me, the lady in thepink, which that’s ye know null and void but this Detective McMullin: Did they, did they ever tell you that the last place they saw him Lifeguard 1: Did they? Detective McMullin: Was in the water Lifeguard 1: The parents did not know where they saw him last Detective McMullin: So they didn’t say where Lifeguard 1: No. Detective McMullin: The last time we saw him was in the water. 43Lifeguard 1: No. Detective McMullin: They never said that Lifeguard 1: Nope Detective McMullin: Okay. Lifeguard 1: The the problem was you ya know we had a bunch of people like I said these these I I was not personally told that the child was at the playground or in the parking lot by whoever told the family or Lifeguard 2, I walked up to Lifeguard 2 and part of the family who was with him and they said that. So that, ya know it it was tough because that was second hand to me from whoever said it to them whether it was them saying it to Lifeguard 2 or or someone who had said it to the family to Lifeguard 2 to me. Um, but it it was just no, ya know, long long story short, the family did not know where they last saw the child because one was saying they saw him in the water, one was saying that they saw in the playground, and the other the rest of them were and I I say one, I don’t know I cant particularly point them out, Detective McMullin: Okay. Lifeguard 1: But, its just nobody had a clear concise message. Nobody knew where they saw the kid last or a timeframe and that was the biggest problem ya know and as far to my knowledge right now that’s ya know that’s our biggest issue we don’t have a timeframe as to when the child was actually elapsed time from since when he had been missing like point of contact to pronounced missing, That's our biggest issue | think. Detective McMullin: Um, were there were there any rough seas? Lifeguard 1: No. It was dead high tide um there was no current, I mean it was dead high tide um. Detective MeMullin: Was the water clear? Lifeguard 1: No, the waters not that clear Detective McMullin: It’s not that clear? soLifeguard 1: No, I mean ah within probably three feet is when you can barley see bottom ‘cause there’s there’s a lot of sea weed and stuff. Detective McMullin: Okay. Lifeguard 1: Um, and its high tide so ya know its its not Caribbean water. Detective McMullin: So, when you're walking the beach, are you looking in the water? Lifeguard 1: Yes. Detective McMullin: Or are you looking on the land? Lifeguard 1: Within over over the course of walking up and down three times both, I mean I was walking in the water, I was walking on the beach looking at people’s faces. After they called them out, um after after they myself and Lifeguard 2 called people out of the water then it transitioned more I mean I you scan the water to look if there’s anybody who isn’t listening, call them out, then at that point you are mostly looking at faces to and faces and ya know hopefully a description of the child to try and find them find him but no in in the beginning yes obviously scan the water and once everyone was called out that transitioned more into a land based search, Detective McMullin: Are you in the military now? Lifeguard 1: Yes. Detective McMullin: You are. What branch? Lifeguard 1: Army, Detective McMullin: Army. To any of the family members, did you tell them that the boy was not in the water because he would be floating by now? Lifeguard 1: No. Detective McMullin: You never told anyone Lifeguard 1: No. Detective McMullin: How about other witnesses? 51Lifeguard 1: A wit, I mean I have I carry an army bag with me um ya know that’s how Detective McMullin: You you didn’t tell any of the family members that? Lifeguard 1: No Detective Captain Hannon: We got statements from um I don’t know if their family members of people that know the family Lifeguard 1: Yea Detective Captain Hannon: who said that you identified yourself as being in the military and and had this under control or or dealing with the situation. How would they if you're in the military if you didn’t say anything, Lifeguard 1; I had an army bag with my last name on it. I mean I carry it with me at all times. Detective Captain Hannon: So you were carrying that bag with you Lifeguard 1: Yea it was on the beach Detective Captain Hannon: when you were looking for the kid Lifeguard 1: Yes. Its in my car right now Detective Captain Hannon: Um Lifeguard 1: So Detective Captain Hannon: Okay. Is what kind of training have you received as far as Lifeguard 1: Immediate first response, | mean all the way from C, | mean here its CPR first aid. Its more or less its similar um I mean we in the military its more based upon ya know if if you lose a leg without a tourniquet, massive bleeding hemorrhaging, stuff like in that nature I mean. Detective Captain Hannon: I got the military (unintelligible) care, I got that Lifeguard 1: Yea 52Detective Captain Hannon: I just, lifeguard for this job Lifeguard 1: lifeguard Detective Captain Hannon: What training did they give you? Lifeguard 1: CPR, first aid, Detective Captain Hannon: Okay. Lifeguard 1: Um Detective Captain Hannon: A lifeguard course? Lifeguard 1: Yes. Detective Captain Hannon: Through American Red Cross? Lifeguard 1: Yes. Detective Captain Hannon: Um, so you you you're a certified lifeguard with that Lifeguard 1: Yes. Detective Captain Hannon: And you’re up to date on your CPR? Lifeguard 1: Yes Detective Captain Hannon: Any other additional training that you received besides that? Lifeguard 1: From the city? Detective Captain Hannon: Did they have training from the city? Any training sessions that they have given you like I know Lifeguard 1: No. Detective Captain Hannon: How many years have you been a lifeguard for them? 53Lifeguard 1: Uh, I’ve been licensed for three. Detective Capiain Hannon; For three years? Lifeguard I: Yea Detective Captain Hannon: And how long have you worked, so three so is this your third summer? Lifeguard 1: Would be my second Detective Captain Hannon: Your second Lifeguard 1: 1 went away from training for the military Detective Captain Hannon: Okay Lifeguard 1: in between Detective Captain Hannon: So this is your second summer working Lifeguard 1: Yes Detective Captain Hannon: Did the city give you any additional training um besides sending you making sure you had a certified Lifeguard 1: No. We my site and certification was here um at McDermott Pool so if, it’s the same course so outside of what the course covers from Red Cross, no. Detective Captain Hannon: So is that the Red course training that you received here? Lifeguard 1: Yes. Detective Captain Hannon: And you said the second training, what do you mean the second training? Lifeguard 1: Certification site certification. The certification is only good for two years, Detective Captain Hannon: Okay, so you had it twice?Lifeguard I: Yes Detective Captain Hannon: Is it two years or three years? Lifeguard 1: Two Detective Captain Hannon: It’s two years. Um, I’m just gonna if you don’t mind, I just wrote down some questions to go through I mean there all over the place okay bear with me. Um, how long after calling 9-1-1, did you call 9-1-1? Lifeguard 1: Lifeguard 2 did. Detective Captain Hannon: Lifeguard 2 called 9-1-1. How long after 9-1-1 did you guys say everybody out of the water, let’s clear the waterway. Lifeguard 1: Within three minutes Detective Captain Hannon: Within three minutes Lifeguard 1: Yea | if not that was the next step. Detective Captain Hannon: Okay. Um, how many false alarms do you guys get like reported kids missing, Oh, my kids missing, they go to the lifeguard. Lifeguard 1: Um Detective Captain Hannon: Is that a routine? Is it every week? Is it every day? Lifeguard 1: It’s it’s tough because for me I didn’t work City Park that much this summer J was more Conimicut and Oakland Beach. Um, Conimicut is a very local beach, not many children to begin with. Um, Oakland Beach I mean yea you you could compare it to City Park but City Park is a very family oriented beach so there I would feel like if anything theres a lot more of those accus not accusations but um of of um things being of of of people saying like ya know hey my kids missing stuff like that. That was my ya know official first one I mean kids have parents have come up to us before and my my put it this way in my career of lifeguarding, I've only had probably three cases of parents that have lost their kids. Detective Captain Hannon: Okay. Is um through your experience and training is there a priority of work that you establish when that happens? 55.Lifeguard 1: That, I mean family personally its just so alight so our kid’s missing ya know um when’s the last time you saw him, that’s that is step one when is the last time you him and where because that will give us an easy not an easy A but a timeframe to to work with. Um, I mean if if you haven’t seen him in an hour that that creates a big gap a very big gap for us to uh ya know your essentially an hour your kid could be in Providence, he could be anywhere ya know. Detective Captain Hannon: And and how long was the gap they said they hadn’t seen him? Lifeguard 1: We don’t know Detective Captain Hannon: They that was never identified when you talked to them. Lifeguard 1: No, they said they ya know they didn’t know Detective Captain Hannon: Okay. And um so in your two year car career summers of being a lifeguard its only happened two or three times with missing kids. Lifeguard |: Yes Detective Captain Hannon: Is there protocols that the city has given you for if this happens you like a check list. If this happens you do this or emergency action plans its called. Lifeguard 1: Yea, um its not directly 1 guess. Um, [ mean we we have our training through Red Cross and from that point on our our first response is almost always to call the police. Detective Captain Hannon: But you have actions that you need to take as the first the on scene first because your Lifeguard 1: Yea our first actions more or else is to call the police. I mean as assess the situation and then if if its ya know call the police. Detective Captain Hannon: Okay Lifeguard 1: Because really we we're only two people we can only do so much especially on a beach of a hundred plus people ya know we just you you need 56Detective Captain Hannon: But those first few moments are critical in saving someone’s life Lifeguard 1: Yes, absolutely. Absolutely. Detective Captain Hannon: And you guys are in that position in order to to initiate those first steps Lifeguard 1: Yea and that’s where it comes on us where our ya know our first step really is to call the police because we need more bodies to look for someone, Detective Captain Hannon: Yea. Um, so in the American Red Cross lifeguard book it talks about emergency actions plans, there’s a whole chapter on it actually. Does the City of Warwick have emergency actions plans established? Lifeguard 1: You would have to ask my supervisor Detective Captain Hannon: Ah, Okay I’m asking you Lifeguard 1: Yea Detective Captain Hannon: Because you're the end user of it so if they don’t if they have if they exist you should know about them. Lifeguard 1: Okay. Detective Captain Hannon: So do you know about them? Lifeguard 1: I was instructed to call the police, that’s what they teach us. Detective Captain Hannon: Okay. Lifeguard 1: That’s what the city tells us. Detective Captain Hannon: So there’s no priority of work that’s established in hey look if you have a a missing kid or a drowning victim you A go out and try to render aid immediately or if you don’t know where he is you do clear the water call call 9-1- 1 clear the water 37Lifeguard 1: Yea Detective Captain Hannon: Um take charge Lifeguard 1: For for a missing child yea clear the water and call 9-1-1. Detective Captain Hannon: Is that just word of mouth or is there a policy and procedure in place for that Lifeguard 1: That’s what Red Cross does Detective Captain Hannon: Okay. Does the city have a policy and procedure Lifeguard 1: We follow Red Cross Detective Captain Hannon: Okay. Um, so with that if you follow Red Cross do you think you followed eveything that’s directed in the American Red Cross lifeguard safety handbook instruction manual? I’m not, I’m putting you on the spot a little bit Lifeguard 1: Yea, um personally ah I I mean the beaches have changed a lot the we’ ve never really had to deal with things of this nature. Um, ya know to to say that we follow something to the T, I don’t know I really don’t. Um, I don’t know if I can answer that accurately but ya know the pretty much our our first step towards almost everything is to call the police. Detective McMullin: Did any of the family members ask you to go in the water, to check the water? Lifeguard 1: Yes. Detective McMullin: And and did you go and do that? Lifeguard 1: Yes. Detective McMullin: You went in and checked the water Lifeguard 1: Yes, 1 mean I was not diving in and swimming around but yes I checked the water. Detective McMullin: How far did you go? 58Lifeguard 1: Probably up to my waist Detective McMullin: Okay. Um, this is the dispatch log, this is what the dispatcher was given um for the description of the Victim now you said she described him as short, fat Lifeguard 1: chunky Detective McMullin: light skinned male. Lifeguard I: Yes. Detective McMullin: The dispatcher received a call from Lifeguard 2. Lifeguard 1: Okay. Detective McMullin: Black male, blue spiderman swim suit, and goggles. Lifeguard 1: Okay. Detective McMullin: But you're telling me she gave you a completely different description. Lifeguard 1: She did, the lady in the pink, yes. I I was walking with her next to me on the beach, Detective MeMullin: Was Lifeguard 2 with you when? Lifeguard 1: No Detective McMullin: She was giving you this description Lifeguard 1: He was staying at the chair. Detective McMullin: Okay. Last seen in the water with his parents. Lifeguards have cleared the water, :he male is not there. Lifeguard 1: That’s right. With I mean with last known with parents that’s the only question. 59Detective MeMullin: Several people looking for the child. Lifeguard 1: Yes Detective McMullin: Now, and the family has asked me this question (unintelligible). If the child is found on the land, is he safe? Lifeguard 1:1 Detective McMullin: If he’s found in the water what's the greater risk? Lifeguard 1:1 I don’t understand the question fully. Detective Captain Hannon: The priority of work. Is the priority of work in the water or is it on the land, Lifeguard 1: For lifeguards it’s in the water. Detective Captain Hannon: So the question rises, why wasn’t the water um evacuated immediately upon being notified my child is missing. Detective McMullin: I mean this is a tough question, these are the questions they're asking ya know and we we whether things were done right or wrong Detective Captain Hannon: We have the ability to stand back and second guess because we weren’t there Detective McMullin: yea, we weren't there so Lifeguard 1: yea, of course and I get that Detective Captain Hannon: We have that liberty Lifeguard 1: I understand your jobs and ya know a jobs a job Detective McMullin: But we we have to kind of and and if a mistake was made it was made. Lifeguard 1: Yes 60Detective McMullin: Okay Lifeguard 1: No Detective McMullin: If something was said it was said. Lifeguard 1: No I know, I know, I told you I walked with the family up and down the beach one time and then at that point nor the family or myself could find the child and its just if you in a perfect world of course you treat everything the same I I had a beach with over a hundred people on it ya know Detective McMullin: No, I understand Lifeguard 1: Yes, I could have cleared the water as soon as the family came up ya know to what extent Detective McMullin: So they didn’t point to you exactly where the last time Victim was seen. They didn’t go out into the water and say he was right here Lifeguard 1: It’s over the course of the night, yes, I mean, but a again it’s not like they they walked to the edge of the water and within point A to Point B very accurate A to B he was here no, Like they just said he was in the water ya know this half of the beach. It’s a lot of square footage, a lot of yardage. Detective McMullin: So the police arrive, fire arrives. Now did you orchestrate the human line or did who who who initiated Lifeguard 1: It was corroboration. Um, at at that point, everything was there was no definitive leader throughout the search at that point | mean ya know it it was a corroboration between the family, ourselves, fire department, it was all we all played a role i Detective Captain Hannon: Do you guys have any standard uniforms that you wear? Lifeguard 1: Um Detective Captain Hannon: Is there, do they, does the city issue you Lifeguard 1: The city issues us hats, t-shirts 6Detective Captain Hannon: Those hats Lifeguard 1: hats Detective Captain Hannon: And t-shirts. What color, are they orange t-shirts lifeguard t-shirts? Lifeguard 1: Um we have multiple I mean this year’s was neon with uh with uh a red cross and uh lifeguard on the back. Previous years which we still use are gray with the same emblem. Detective Captain Hannon: Were you wearing that that day? Lifeguard 1: Um, I was wearing the hat. Detective Captain Hannon: You were wearing the hat, but not the t-shirt Lifeguard 1: No Detective Captain Hannon: And the other lifeguard, the senior lifeguard was wearing Lifeguard 1: Yes, the gray Detective Captain Hannon: Um, she doesn’t, she wasn’t wearing one either, I came and talked with her last week and she wasn’t wearing one. Are you guys mandated to wear those, or is it ais it encouraged? Lifeguard 1: We we ob obviously have to have form of um identification as lifeguards. Detective Captain Hannon: Because in all of the statements we got too, we saw people on the phone, we assumed they were the lifeguards but we really weren't sure Lifeguard 1: Yea Detective Captain Hannon: If they were um so there’s two Lifeguard 1: a form of identification 62Detective Captain Hannon: Yea um so did you have your shirt, your lifeguard shirt on that day? Lifeguard 1: On on wearing no, with me yes. Detective Captain Hannon: You had it with you but wasn’t on Lifeguard 1: Yes Detective Captain Hannon: How about uh the other one, did he have it on did you know Lifeguard I: Yes Detective Captain Hannon: He had his on? Lifeguard 1: Yes Detective Captain Hannon: Okay. Lifeguard 1; And I was wearing my hat Detective Captain Hannon: two things going on, I'm doing an administrative review for the city on what we can do better as a city. Lifeguard 1: Yes Detective Captain Hannon: Um to try uh and prevent this from happening so that’s kind of what my questions are geared towards Lifeguard 1: Of course Detective Captain Hannon: The polices, the procedures Lifeguard 1: Yea Detective Captain Hannon: the training all that stuff. Um, Detective McMullin who works for me is doing the criminal end of it Lifeguard 1: Yea 63Detective Captain Hannon: Not criminal doing the uh investigation uh end of it to find out exactly what happened time line wise and anything else Lifeguard 1: Yea Detective Captain Hannon: So that’s why my questions are kind of mi more Lifeguard 1: more towards Detective Captain Hannon: more geared towards Lifeguard 1: Yea Detective Captain Hannon: the policies and procedures and that kind of stuff. So you are issued at the beginning of every year aa shirt and a hat Lifeguard 1: Yea Detective Captain Hannon: Um Lifeguard I: Yes Detective Captain Hannon: and told that I mean you’re issued it but you work do you just get one set, how many sets do you get? Lifeguard 1: One Detective Captain Hannon: you get one Lifeguard 1: Yea Detective Captain Hannon: And you work five days a week Lifeguard 1: And ya know th ya know it’s it’s kind of more or less first come first serve because a lot of times from every season from what I noticed ya know the fist week you have a handful of shirts, not enough to accommodate the entire staff so I mean hopefully its worked out by the second week ya know they there’s there’s alot that you and I could talk about.Detective Captain Hannon: coming back. Lifeguard 1: Yea (chuckles in background) Detective Captain Hannon: program better hopefilly Lifeguard I: Yes Detective Captain Hannon: Lifeguard 1: Yes Detective Captain Hannon: Detective McMullin: Yea Lifeguard 1: Yea Detective Captain Hannon: Lifeguard 1: Yea Detective Captain Hannon: ‘on board. Well, that’s what I’m here for so talk ‘cause I’m not An I’m here to do a report that’s going to make this so that this tragedy doesn’t happen again because there’s a six year old that’s not alive anymore. So anything that we can do in this room collectively In this room to make sure that doesn’t happen again I’m Lifeguard 1: Okay, I mean personally I mean have I answered all of your questions | don’t want to get shift off topic Detective McMullin: No, you Detective Captain Hannon: Detective McMullin: Yea Detective Captain Hannon: We can go back We'll jump around Detective McMullin: We're good 65Lifeguard 1: It’s just ya know two lifeguards with a hundred plus people on the beach not to mention (knock on the door — female enters the room, who is unknown at this time) Lifeguard 1: Hey, how are ya? Detective McMullin: How are ya? Female: Hey, I’m good, how are you. Lifeguard 1: Detective McMullin my mom Detective Captain Hannon: Hi, Captain Hannon XXXX Lifeguard Is: Nice to meet you, nice to see you. Detective Captain Hannon: We're just asking a few questions um from the events of last week obviously XXXX Lifeguard Is: Yea Detective McMullin: So, again you were getting on to Detective Captain Hannon: What we can do better Lifeguard 1: So what can we do, personally um I mean Red Cross training is is good um personally I think I think its adequate um for for uh ya CPR and first aid we're geared towards more someone who is no longer breathing and ya know unconscious or someone who is drowning ya know as as to what happened as ya know CPR and response time and stuff like that um that’s I feel that’s a different training, Red Cross doesn’t offer that. Um that’s more I mean we are first responders but in a different sense um, Detective Captain Hannon: So did they they gave you you received CPR training Lifeguard 1: Yes, absolutely. 66Detective Captain Hannon: So you think there should be more training in in addition to that? Lifeguard 1: Medical training no, none medical yes because to the beaches have changed um quite significantly where the beaches that we guard are no longer quiet beaches. Um, ya know it used to be, City Park used to be a very quiet family small family oriented I mean on on a busy day you would have fifty people on the beach. Now, there’s well over a hundred. I mean that that day was busier than the fourth of July. Um and its just two people to guard that much area doable, ya know ah in the events that’s happened now that that raises a question as to whether or not that’s safe. Personally, I I believe that the it would be more than beneficial to rope off an area of swimming um as as does Goddard Park have because that makes it very definitive um. Detective Captain Hannon: What the swimming boundaries are Lifeguard I: Yes. Detective Captain Hannon: Is there any other um Oakland Beach doesn’t have uh uh a roped off area Lifeguard 1: No Detective Captain Hannon: Nor does Conimicut correct Lifeguard 1: Nor does Conimicut Detective Captain Hannon: Um policy and procedure wise, so there is nothing that you receive that details what you should do in case of an emergency besides Lifeguard 1: call the police Detective Captain Hannon: your training through the American Red Cross. Lifeguard 1: We’ve been told to call the police Detective Captain Hannon: And that’s it Lifeguard 1: Yea Detective Captain Hannon: Okay 67Detective McMullin: Do you um how often do you clear the water? Lifeguard 1: Not very often, we don’t have issues like this. Detective McMullin: No, that’s what what im asking Lifeguard 1: I mean I mean to this severity I mean it’s been fourteen years according to my knowledge. Detective McMullin: So you don’t on like a weekly basis or whatever Lifeguard 1: No Detective McMullin: Clear the water just for a rehearsal Lifeguard 1: For a rehearsal no Detective McMullin: (unintelligible) Lifeguard 1: Yes, no no we do not Detective Captain Hannon: And you guys don’t do any drills at all like the the train the staff doesn’t get all the lifeguards together and say alright we’re going to review ask you techniques and all that there’s none of that Lifeguard 1: I mean in in the pool during the winters every now and again I mean at but that’s not mandated some of the lifeguards, myself, the lifeguard down there, we'll we'll hop in the pool and just play around the back board and ya know just refresh ourselves because really it’s it’s not often that you use these these trainings um and it’ it’s tough because uh in the heat of the moment if god forbid you have to back board someone in the water, you don’t back board all that often Detective Captain Hannon: Yea Lifeguard 1: Ya know we we train and you certify and a lot for a lot of times if you ask a lot of lifeguards I mean even outside the city City of Warwick, you can go to the Y, you can go anywhere else, I mean we have people here that work for the Y and ya know other other establishments, uh Warwick County Club, it’s just you don’t see a lot of actual application of our our Red Cross training, it’s a lot more of a social. 68Detective Captain Hannon: Does the YMCA their lifeguards they work both for the City of Warwick and the same lifeguards. Lifeguard 1: Some of them, yea. Detective Captain Hannon: Does the YMCA provide any additional training do you know for their lifeguards? Lifeguard 1: Not to my knowledge I I can’t speak for them I don’t work for the Y. Detective Captain Hannon: Well I would make the correlation of this, we carry all carry guns Lifeguard 1: Yea Detective Captain Hannon: cops Lifeguard 1: Yes Detective Captain Hannon: And we don’t use them every day, thank god um but we train all the time with them Lifeguard 1: Yes Detective Captain Hannon: to make sure that we we're ready to train and I would say make the inference that the lifeguards should be doing the same thing with your tools of the trade so that you guys are really proficient and know how to use them in the event that you ya know Lifeguard 1: Yea Detective Captain Hannon: so I, I would make that Detective McMullin: under stress (unintelligible) Lifeguard 1: Exactly, ya know and a lot of people panic under stress and ya know when if if, I keep going back to the back board just because we're at the pool and ya know that’s really our main source other than other than torpedoes. Um so its ya know it it’s tough because a lot of people just panic ya know I mean being in themilitary ya kinda get that edge off. Um everyone panics I mean ya know no one is gonna say I didn’t panic I'll tell you how hard I panicked when I was on the beach but [tried to keep my calm, Ya know if if if you panic and let someone else see it chaos. So, you just have to lead by example or try to at least. Um so for us I mean ya know myself and another lifeguard every now and then throughout the winter I mean ya know here its still kinda slow during the winter so like we like to train ya know. It’s being in the military we train all the time, we have briefings all the time, ya know repetitive as you guys do with your weapons for your example. It’s just here there’s not as much of that, it’s a lot of more self success so. Detective McMullin: Um Do they have like uh blow horns or anything like that that any of the beaches use, nothing Lifeguard 1: No Detective Captain Hannon: So there’s no (unintelligible) Detective McMullin: So you can call out so you can call out Lifeguard 1: voice and whistle Detective McMullin: So you were just there standing there yelling Lifeguard 1: Yea, with a our whistles yea Detective Captain Hannon: That's all my questions, got anything else Detective McMullin: Is there anything procedure wise that you think could have and I don’t want to say prevented this Lifeguard 1: don’t better, or anything to that nature. Detective McMullin: (unintelligible) Lifeguard 1: Um we we called the police relatively fast I mean under ten minutes five minutes even ya know and even under five minutes it was walked the beach once because its its tough it really is ya know you can you in all reality yes I can go and clear the beach every five minutes if I want to. I can tell you there’s going to back lash for that on my end, um we all know that we all have supervisors we all have bosses ya know um, 70Detective Captain Hannon: Terry just has good ones Lifeguard 1: Yea Detective Captain Hannon: Oh sorry Lifeguard 1: Yea, but it’s it’s could I have immediately gotten people out of the water, yes, in all reality does ya know I have over a hundred people in the water deal with it ‘on a daily basis, not a hundred people, but ya know I I deal with the job of a lifeguard ona daily basis, You don’t ya know Detective McMullin: so what would you say, let’s say drills, once a week once a month? Lifeguard 1; Depending on the uh I mean this year we have a lot of new staff I would definitely do at least once every two weeks. Detective McMullin: Once every two weeks. Lifeguard 1: Clear the beach, I mean on aon a nice calm yes ya know if you've got a busy day coming up Detective McMullin: how long does that take? Lifeguard 1: To Clear the beach? I mean it took Lifeguard 2 and I two minutes not even I mean ya know we we did a three two one countdown on the whistles. We each blew our whistles simultaneously and I just yelled I was like get out of the water now ya know we at that point I knew a kid a truly missing ya know truly he was so because a lot of times ya know parents will say their kid's missing and yes of course it still have to be an urgent matter of course you still treat it very seriously everything should be treated seriously. Um but its ya know a lot of times as I said you a lot of times there are as as parents ya know some some people people panic a parent would panic normally you would think being that they hadn’t seen their child in five minutes, ten minutes, fifteen minutes, as as a parent 1 would be freaking out if | hadn’t seen my kid. Um, I don’t know what else to say about that. Detective Captain Hannon: Did there were in our statements that we got from some of the witnesses that were on the beach, they said that the water search was more um mncivilian lead and run than anyone from the fire department or from the lifeguards, was that accurate? Lifeguard 1: As I said, I mean at that point the fire department police had stepped in. Our job as the leaders for for this seach had kinda been taken to the waist side, we were now just helping assisting. Detective Captain Hannon: So so civilians were pretty much running that. There was a woman out there I guess that took the initiative to kind of call for more people off the beach. Lifeguard 1: Yea I I mean there was a lady that I remember there was a lady walking down that said ya know I think don’t quote me again I mean its been a while um but I think she ya know we all have kids come help us or something like that. Um yea mean just civilians like that was the initiative that I would have expected immediately understanding that someone’s kid was missing in the family like yea I ah as as ya know that lady family family member or not I don’t if she was she was taking initative ya know. The fire department was doing what they were doing, we were doing what we were doing trying to assist um and she was she was doing as a civilian her part as a as a parent ya know as hey a kids missing try help us. Detective McMullin: Did you have any contact with Victim or the family before that? Lifeguard 1: Did I Detective McMullin: Any contact with the family before that in reference in particular to snorkel or mask on Lifeguard 1: The description did include a blue mask but Detective McMullin: I know but I mean before this whole incident Lifeguard 1: No Detective McMullin: Did you go out and ya know he was wearing a mask or snorkel or anything Lifeguard 1: No yea no he in in direct yea no prior to them approaching us direct con not conflict but direct approachment, no. nDetective McMullin: So you didn’t tell him Detective Captain Hannon: You never saw him with a mask on Lifeguard 1: No, No. I mean you have to understand that there were a hundred people in the water. I was out on the surfboard for two and a half hours going back and fort because if we had the ropes, would have made life a lot easier. Um we didn’t have ropes so I was out in the water patrolling keeping everyone within a safe distance from from the beach shore. Detective Captain Hannon: Can they use mask and snorkels on the beach? Lifeguard 1: Yes Detective McMullin: The reason why we're asking is we're trying to figure out exactly what was used that may have caused distress. Lifeguard 1: Yea Detective McMullin: (unintelligible) Lifeguard 1: Yea Detective McMullin: Ya know the tough question to ask was there any sign of distress. As you know you can drown (finger snapped) if you suck in some water Lifeguard 1: Absolutely yes. You can drown in four inches of water. Its Detective McMullin: So we were looking at the snorkle and and as far as Lifeguard 1: Yea, she did not tell us that he was wearing a snorkle, A blue scuba mask yes, Sorry I didn’t say that in the beginning but yes I yea they did include that. As for the blue spiderman shorts no she did not tell me he was wearing blue spiderman shorts I found out later probably a half hour later after the police and fire department showed up, I thought they were blue regular shorts. That’s what the lady in pink had told me not spiderman shorts but again ya know minor but it could have been major so something Detective McMullin: I mean uh the reason why I’m asking about the snorkel is Lifeguard 1: Yea no I BDetective McMullin: (unintelligible) couldn't swim Lifeguard 1: Trying to figure out why it happened I get that Detective McMullin: Whether he stepped in a quahog hole Lifeguard 1: Yea Detective McMullin: (unintelligible) Lifeguard 1: Yup Detective McMullin: trying to see if you had addressed the snorkel Lifeguard 1: No, not directly to the family Detective Captain Hannon: Do you know if your partner did, did he say anything about it? Lifeguard 1: No. He’s kinda a quite kid um but no he did not say anything. Personally its its there was no distress on the beach. Family ya know that hadn’t seen the kid in a while hadn’t told us didn’t think to tell us, again I’ve stressed this enough with you guys. Five minutes of not seeing your kid I’d be freaking out. That that is an opinion people can make what they want of that everyone going to have their own, that’s fine. Um and ya know I had heard that they were intoxicated when they showed up at Kent. You don’t just get drunk within a fifteen minute ride from the beach to Kent. That was a huge huge thing for me to hear so. | am not pointing fingers it is truly a tragedy. Ido feel bad. Ya know. (Unintelligible chatter between Detectives) XXXX XXXX: Can I ask a couple of questions Detective Captain Hannon: We're we're recording this Lifeguard 1: Yea Detective Captain Hannon: If uh the tape recorder either on the record or off the record 74XXXX XXXX: It doesn’t matter to me, I’m just concerned. The whole thing is very tragic. I do feel for the mom. I can’t imagine that but at the same time I am concerned as a mom for my son and there were threats made against his life on the beach that day. Um do we, do you all know who those people were. Detective Captain Hannon: No Detective McMullin: No Detective Captain Hannon: We have not identified exactly who we know who the family members are. We've interviewed a ton of people that were down there. Weve hired special details for all of the next week after to have police officers down at all the beach and they pulled the lifeguards. Um so I know they were Lifeguard 1: Yes Detective Captain Hannon: moving him out of that situation in order to protect him um we have not um identified who those people are. It is my understanding that there was no complaint either though that he did not want to pursue a criminal complaint. Lifeguard 1: No, I Detective Captain Hannon: Is that still accurate? Lifeguard 1: Correct, I do not want to press charges I just want it to be known that these people were intoxicated and ya know I was assaulted. That’s I am not pressing charges for the assault, Was it overkill yes I mean of course these people want to get their point across I get that | fee! bad heat of the moment people might swing. To continue and to start calling names and to do everything else, that that’s not someone being sad and angry. That’s something else. Detective Captain Hannon: It was surely an emotionally charged Lifeguard 1: Of course, yea Detective Captain Hannon: event Lifeguard 1: And I understand emotions I’m not there’s no reason to press charges for that its just the extent of it. 8XXXX XXXX: | have a nursing degree, I’ve worked in the ER, I get to see a lot of what goes on and I do understand that people have a wide range of um emotion when somebody dies. I’ve seen families throw themselves on a dead body, wailing, crying, I’ve seen other people just sit very silently next to the bed maybe holding the patient's hand um and everything in between. I’ve seen people just deal with it and walked out and just left um I get that there is that visual reactions that humans have and I think that that you know I know for certain that culture does play into that ya know um and we were taught that as part of our training was ya know where individuals who are very reserved and quiet they want you to leave them alone so respect that. Ya know others others we were taught what to do for each. So I think yes a lot of it may be that but Lifeguard 1: To what point to you call it excessive XXXX Lifeguard 1: 1 am concerned ya know with these people is it just that or is it are these the type of people that because they do live everywhere in the state where where they do retaliate. You must sec it all the time in your job. Detective Captain Hannon: We have not heard or seen anything since the event um we've been on social media. We’ve um ya know we've had no information given to us that there was sightings or threats made or phone calls or any of that stuff. We have not seen any of that. Lifeguard 1: The only other thing that has come of this sense was that the dad had gone to the beach and was circling the lifeguards. Detective McMullin: Yea um that was Lifeguard 1: That’s the only thing that Detective McMullin: He wasn’t there that day Lifeguard 1: No Detective McMullin: So he some people want to visit Lifeguard 1: You can you can say grievance that’s fine Detective McMullin: where 76Lifeguard 1: That’s fine yea I’m just saying yea Detective McMullin: (unintelligible) XXXX Lifeguard 1: There was a report by the lifeguards that were there that a woman approached them and said that he wasn’t there just for the warning that be because he asked her where are the male lifeguards and she approached the two female lifeguards and gave them this information looking for them. Lifeguard 1: Let me let me say that because this this is verbal so I don’t know how much you guys want to take away from this from another lifeguard um from another lifeguard Detective Captain Hannon: That that hasn’t been reported to us Lifeguard 1: no exactly it wasn’t so that’s that’s why I want to interject nothing was reported about this XXXX Lifeguard 1: I was told the police officer was called and there was no report made Lifeguard 1: Yes, a police officer was called and report there was no report made. The the father the day he showed up for supposedly grievance which is fine um a lady had approached one of the female lifeguards and said that the gentleman father had been there almost all day and that he was not there for grievance um he he had been making some comments and things of that nature asking if she had seen any male lifeguards. So ya know chalk it up to grievance that’s fine that’s verbal and the lady who had said this to the lifeguard this is this is ya know she she wanted to remain anonymous so and I’m not I’m not the lifeguard she said it to so that’s useless as as far as I would think Detective Captain Hannon: I would also say this that um this police report is gonna be a matter for public record and his address we’re going to put as McDermott Pool um XXXX Lifeguard |: Okay Lifeguard 1: Yea 7Detective Captain Hannon: So he has a city address and not his home address attached toit Lifeguard 1: Okay Detective Captain Hannon: So we'll make sure that’s the case with both the lifeguards so if he does get released it they they don’t have your home address information| Lifeguard 1: Okay. As for names? Detective Captain Hannon: Excuse me Lifeguard 1: names Detective Captain Hannon: Names will be in there Lifeguard 1: Okay. Detective Captain Hannon: Um we can’t redact that because you're an adult not a juvenile Lifeguard 1: yea yea I’m just asking Detective Captain Hannon: But the addresses we will uh we will use those as your address. Lifeguard 1: Okay. Detective McMullin: (unintelligible) Detective Captain Hannon: Say it again Detective McMullin: I think we already have Detective Captain Hannon: Yea. Any other questions? XXXX Lifeguard 1: Yea I I was told that his name would be blacked out in all reports rtDetective Captain Hannon: I we can’t because it’s public record but you can’t do that. If it was a juvenile we could. Who told you that? XXXX Lifeguard 1: Um Lifeguard 1: The Colonel at the meeting XXXX Lifeguard 1: right Detective Captain Hannon: Colonel McCartney told you that? XXXX Lifeguard 1: Yup Detective Captain Hannon: We'll he’s my boss so I will ask him but I don’t see how we can do that because I think the ACLU will be all over us for that but Lifeguard 1: hmm Detective Captain Hannon: I will I will certainly ask if we can I I have no problem doing it if we can believe me the less we let out the better off but I don’t know how legally we can do that maybe he’s he’s been around a lot longer than I’ve been Lifeguard 1: hmm Detective Captain Hannon: I will check XXXX Lifeguard 1: okay Detective Captain Hannon: and see if that if we can absolutely I have no problem doing that I don’t think we can um so (42:19 Audio ends) Interview of Lifeguard 2 (DOB XXXX) August 21, 2016 Present: Detective Captain Hannon, Detective Terrance McMullin, Lifeguard 2, XXXX Lifeguard 2, and XXXX Lifeguard 2 Location: (unknown) 19Detective McMullin: It is uh August 21, 2016 approximately 1605 hours. 1 am Detective Terrance McMullin, with me is uh Detective Captain Thomas Hannon and your name? Lifeguard 2: Lifeguard 2 Detective McMullin: date of birth? Lifeguard 2: Uh XXXX XXXX Lifeguard 2; XXXX Lifeguard 2, do you need my date of birth too? Detective McMullin: please XXXX Lifeguard 2: Oh (chuckles) XXXX Lifeguard 2: XXXX XXXXr Lifeguard 2: And XXX Lifeguard 2 uh XXXX Detective McMullin: Okay, Um Lifeguard 2 can you go over the events that uh happened on 08/14/2016? Lifeguard 2: Uh so it was around 5:30 um towards the end of the day, my partner and I were um getting ready to pack up um. There were a bunch of people in the water. Uh a woman came up to us said that um she didn’t know uh she said her son but it turned out that wasn’t the mother um, her son was missing. Um and uh so I walked down to the waterfront with her, asked her where she had last seen her son. She said they had been in the water um but that they had been in the shallow part um that the water was up to their knees they said um and they went back up to the beach um and uh so given that information um my partner and I, [ stayed at the beach and my partner went back to search for him ‘cause um he had been out earlier um in the water ‘cause it was crowded so he was uh swimming around uh keeping an eye on people and he believed he knew who the boy was uh so because he knew he thought he knew what he looked like uh he thought he decided we decided that he should be the one looking for him uh Detective McMullin: And he’s doing this on land? 80Lifeguard 2: Yea Detective McMullin: okay Lifeguard 2: And I’m at the beach keeping on the water still um my partner came back and said he hadn’t found him um in the area where they were uh so then we decided to clear the beach um I called the uh police station at that time um the fir uh my partner decided to go down both ends of the beach uh seeing if he had wondered off uh down there. Um so and a woman came up to us um saying that she thought she had seen the boy wh out by the playground um because the main uh the characteristic was that he was wearing spiderman swim trunks um and then another woman said she thought she saw him by the car the family a white van which turned out to the family car um so the parents went over to look, um they didn’t find him um so because of those two accounts um seeing him on land we believed that um he had been kidnapped or something at that time. Um then uh the police showed up around that time and my partner went to go talk with them, uh giving them the description of the boy, um the parents had said he looked uh like his brother and his brother was heavy set um medium build um and so he thought he knew the boy um turns out when they did find the boy um he was smaller, thin, um and it wasn’t the person um who my partner had in mind, Um so um there was that oversight um and um I can go into more detail if you want but like that’s just Detective McMullin: Um Lifeguard 2: The main layout Detective McMullin: The woman who came and said it was her son who was missing Lifeguard 2: Yea Detective McMillin: Um what did she look like? Lifeguard 2: Un so uh she was like around my height, um heavy um, she uh was Detective McMullin: Was what color clothing did she have on? Lifeguard 2: clothing on, uh she had like a tank top on um Detective McMullin: What color was it? 81Lifeguard 2: Um a black I believe, uh with like a pink sports bra underneath um Detective McMullin: Was she uh white, black? Lifeguard 2: She was African American Detective McMullin: African American. Lifeguard 2: Um yea um and she was actually the aunt of the boy um so that’s probably why she just said like son just ‘cause like it’s a close relative so um. She yea um a fuller face kind of um so yea that’s what Detective McMullin: What you remember Lifeguard 2: Yea that’s what sticking out right now um Detective McMullin: Um now were they calm or were they Lifeguard 2: Uh they were more Detective McMullin: frantic Lifeguard 2: um frantic but um not as frantic as I would have expected um they were more like nervous rather than like full blown panic which what I probably would have expected and because they were just slightly nervous I as um more uh thinking that they were like in control and that’s why like I was more um depended on their description of the boy um and um was trusting their word that they had seen him by the playground uh Detective McMullin: Um, when when did you clear the water? Was it before you called 9-1-1 or after? Lifeguard 2: Uh, it was after um we had just cleared the water um making sure that he wasn’t in the crowd and had somehow like um while playing been carried by the current down the water um more um Detective McMullin: Did you call out his name? 82Lifeguard 2: Yea so we were walking down the beach as we were calling people out of the water and um people were asking us we told them there was a missing child um at that time and we were calling his name to make sure that he wasn’t part of like some group that had been playing. When it became clear that he wasn’t that’s when I called the police and that’s when my partner uh started going down uh farther past the main beach area to see if he had somehow wandered down farther so. Detective MeMullin: Alright um Detective Captain Hannon: So the water got cleared after you before you called 9-1-1 or after? Lifeguard 2: Uh before and then yea before I believe um and that’s when I called Detective Captain Hannon: Okay, is is that’s how you recall it? Lifeguard 2: Yea that’s how how I recall it yea Detective Captain Hannon: Okay Detective McMullin: Okay. Um did did you have any contact with Victim at all during the day? Lifeguard 2: Uh, no I mean I was up in the lifeguard chair for most of the day um my partner as I said was in the water so um and he believed he had made contact with the boy before um Detective McMullin: He did Lifeguard 2: Yea he Detective McMullin: But it was the wrong boy Lifeguard 2: But it was the wrong boy he was uh thinking of uh a boy who was bit uh shorter but still stocky build um he had a um goggles on and a snorkel um so that was another reason because he a snorkel on we believed he had a snorkel on so Detective McMullin: Okay, alright, So you had no contact with Victim before this? Lifeguard 2: No 83Detective McMullin: Um at the point that the officers arrived Lifeguard 2: Yea Detective McMullin: and fire and everything um Lifeguard 2: Yea Detective McMullin: What did you do at that point? Lifeguard 2: Uh so my partner went over and was filling in the officers and giving them a description of the boy uh I was keeping people out of the water, especially like the kids and the people who were just starting to show up on beach at that time. Um 1 was also uh like a lot of people were like had questions at that time so I was also like trying to answer their questions um just telling them that there was a missing child at that point in time um and just like trying to keep control of the situation. Detective McMullin: Yea. At any time did you go in the water to search for Victim Lifeguard 2: Uh no. Detective McMullin: Did did your partner? Lifeguard 2: Uh Detective McMullin: Speaking of which who is your partner if you could name his name Lifeguard 2: My partner was Lifeguard luh Lifeguard 1, I’m not really sure how to pronounce his last name Detective McMullin: Alright that’s fine. Did either one of you go into the water at all to search? Lifeguard 2: No not at that time Detective McMullin: Okay alright. Um Detective Captain Hannon: Did he go in after at any point?Lifeguard 2: Uh no Detective McMullin: Alright um. Did you assist at all with with the human chain when did that kind of and who who really led that Lifeguard 2: Uh so that was um some of the adults at the beach um who started doing that um while the police were getting their stuff set up. One of the womans went into the water and did that um_ Detective McMullin: What did she look like? Lifeguard 2: Uh she was older um had uh grayer hair she had sunglasses on uh think build um African American also. She was not part of the family um Detective McMullin: Okay um so they start the human chain Lifeguard 2: Yea they started that um there were kids also going into the water at that time so I was pulling them out um Detective McMullin: keeping them out of the water Lifeguard 2: keeping them out of the water um the adults I let in because their adults um and so they started around like the middle and then worked their way to the left and worked their way back um to shore. Detective McMullin: Alright so the the time that they were going to the left you said that Lifeguard 2: Yea Detective McMullin: That was towards Lifeguard 2: That was towards like Detective McMullin: towards the cove Lifeguard 2: that was towards Detective McMullin: or was that towards Oakland Beach 85Lifeguard 2: that was towards Oakland Beach going working then they worked their way back into the cove Detective McMullin: how many members how many people were in the one that went towards Oakland Beach Lifeguard 2: Uh fifteen or so I want to say so Detective McMullin: And when they came back did they have more numbers Lifeguard 2: They had more numbers because people were starting to join them at that time. Detective McMullin: Okay alirght Lifeguard 2: yea Detective McMullin: Um that line worked forward and finds uh Lifeguard 2: yea Detective McMullin: Victim Lifeguard 2: yea Detective McMullin: Uh what did you do at that point? Lifeguard 2: Uh at that point Detective McMullin: or what did you see I should say Lifeguard 2: Well I heard then say that they found the body um my partner and my supervisor XXXX uh who I called also after the police uh letting her know the situation um we went down to the water front. Uh one of the um I want to say policeman but he may have been one of the people with the ambulance uh he ran into the water um and that’s when people were really starting to get uh really worked up and angry uh so he brought the boy back to the uh ambulance I believe um me and my partner went by the lifeguard chair and because people were starting to get angry uh my advisor XXXX uh told us to just stay there um at that point in time because um 86she could tell that people were starting to get angry and somebody might lash out at us and she wanted us like centered somewhere where she could like keep an eye on us and knew where we would be. Detective McMullin: Um with the human line Lifeguard 2: yea Detective McMullin: that was created, did you have any assisting with that, did you help out with that at all? Lifeguard 2: Uh no no Detective McMullin: Okay um you're up at the lifeguard stand and um obviously people are getting angry um and what did you witness or see there Lifeguard 2: Uh so um a lot of the people getting upset and angry were not part of the uh family um they Detective McMullin: What were they saying to you? Lifeguard 2: They were saying mainly that like we should have done more, we should have been faster, um they were also saying to my partner and XXXX uh that because they were white um they didn’t do enough and um if it had been a white kid they would have gone in the water and they have tried to rescue him a lot quicker um so more like um racial accusations and um that sort of stuff. Detective McMullin: um your part, your partner Lifeguard 1 Lifeguard 2: yea Detective McMullin: Um is he in the military? Lifeguard 2: Uh he was in the military, I’m not sure if he still is um. Detective McMullin: Um did you hear at any point that he mentioned that to the family that he was in the military? Lifeguard 2: Um the fam, I heard them saying the family’s saying that like he told them he was in the military and he knew what he was doing. I myself didn’t hear it a7um as I said like he was up by the woods and he was the one doing the search so he might have told them um Detective McMullin: But you didn’t hear Lifeguard 2: but I wasn’t with him like um Detective McMullin: Did you ever hear him say to the family or to the mom or to whoever that he the boy wasn’t in the water because he would be floating by now? Lifeguard 2: Uh, I didn’t hear that again I Detective Captain Hannon: Did you have uh a cowboy hat? One of you guys was wearing a cowboy hat? Lifeguard 2: uh yes that was Lifeguard 1, he was wearing Detective Captain Hannon: That was Lifeguard 1 Lifeguard 2: Yea like a brown cowboy hat Detective Captain Hannon: Okay. What were you wearing that day? Lifeguard 2: Um I was wearing a lifeguard hat white with the red uh lifeguard on the front and then uh some swim trunks uh flip flops and then a lifeguard shirt gray uh first aid on sign on the front and lifeguard on the back Detective Captain Hannon: And the city city gave you that to wear? Lifeguard 2: Yea, they gave me that Detective Captain Hannon: Was that your uniform per se? Lifeguard 2: Uh yea so Detective Captain Hannon: And how many of those had they given you one shirt or Lifeguard 2: Uh they gave me two shirts uh Detective Captain Hannon: Two shirts 8BLifeguard 2: And uh so we got two shirts um and one hat I got another hat this year um so I was wearing the hat that was issued this year um Detective Captain Hannon: They give you swim trunks or no? Lifeguard 2: Uh no so I was wearing my own Detective Captain Hannon: And did do you know what Lifeguard Iwas wearing? Lifeguard 2: Um I believe he was wearing his cowboy hat um he had swim trunks on also uh no sorry uh was wearing like blue uh kinda blueish green gym shorts I want to say um and a uh sleeveless shirt um also and yea I think that’s it Detective Captain Hannon: Okay Lifeguard 2: I can’t remember Detective Captain Hannon: Um do you want me, oh so your training, You are lifeguard trained Lifeguard 2: Yup Detective Captain Hannon: By YMCA? Lifeguard 2: Uh Detective Captain Hannon: Or American Red Cross Lifeguard 2: American Red Cross and I did my training at a YMCA though Detective Captain Hannon: you did it at the YMCA Lifeguard 2: yea up in Providence yea Detective Captain Hannon: Um your training is current? Lifeguard 2: Yup Detective Captain Hannon: You um do have you received any additional training besides that intial training that you go through the American Red Cross? Did the city 89did the city take you all the lifeguards together and give you any other additional training besides that? Lifeguard 2: Uh no no so Detective Captain Hannon: Did was CPR certification part of the lifeguard training Lifeguard 2: Yes Detective Captain Hannon; It was, so when you graduated or received your certificate for your lifeguard training that included CPR certification Lifeguard 2: yea so you get a regular lifeguard then you have CPR on top of that and first aid um Detective Captain Hannon: Okay so that XXXX Lifeguard 2: beach test Lifeguard 2: Yea and a beach test to make sure like your able to swim a certain length in the water in a specific set amount of time. Detective Captain Hannon: So that what that’s yours right? Lifeguard 2: Yea Detective Captain Hannon: So it it was through the YMCA but it was American Red Cross Lifeguard 2: yea Detective Captain Hannon: This is your CPR which is current Lifeguard 2: Yea Detective Captain Hannon: And it so its not really it’s the American Red Cross but it was just the YMCA that gave the class Lifeguard 2: Yea it was the YMCA that held the class. 90Detective Captain Hannon: So is this does this book look did they give you this book to learn on? Lifeguard 2: Uh no they gave mea different book um because it was hel held at the YMCA. They gave me a YMCA uh On the Guard is the name of the book Detective Captain Hannon: And did they so you you got certified by them and then the summers starts and how long have you worked for the city as a lifeguard? Lifeguard 2: Uh this would be my second year Detective Captain Hannon: Second year so the same certification you got covered you for these past two years right Lifeguard 2: yea and then I would have to take it over the winter too Detective Captain Hannon: You you’ll have to take it over the winter again for next year Lifeguard 2: Yea Detective Captain Hannon: Um so when after you your first summer did they take you and give you any orientation of the beaches or the swimming assisgnment the your is there any kind of training that you received from the city? Lifeguard 2: Uh no Detective Captain Hannon: Is there any kind of policies and procedures um that they provided you as far as hey if there’s a missing swimmer you do steps one two three and four? Lifeguard 2: Uh no Detective Captain Hannon: Wha what did they tell they give you any instruction at all? Lifeguard 2: Uh not if there was like a missing child or anything Detective Captain Hannon: What kind of instructions did they give you? onLifeguard 2: Uh so it was more like passed down from the lifeguards um telling me like the rules um that the city had um about like floaties that sort of thing like Detective Captain Hannon: What’s the rules on that on floaties? Lifeguard 2: Um so you cant have like a aa the inflatable ones or foam ones they have to be a puddle jumper or an actual life vest. Um and they were also telling me like um ‘cause of low tide how far they can go out like every day sort of rules um Detective Captain Hannon: Is there roped off swimming areas in any of the three assignments that you had besides the pool, I’m not talking about McDermott Pool Lifeguard 2: Yea no uh there are none Detective Captain Hannon: And you’ve worked at um Conimicut, Oakland Beach, and City Park? Lifeguard 2: Yup Detective Captain Hannon: And McDermott Pool? Lifeguard 2: Yes Detective Captain Hannon: Any other swimming locations that you've worked at Lifeguard 2: Uh no Detective Captain Hannon: An there’s no roped off areas on any of the beach areas Lifeguard 2: No Detective Captain Hannon: Is are there any safety um safety bags or uh go bags or anything that are there what what safety equipment do you have available to you? Lifeguard 2: Uh so we have the um buoys like the uh foam buoy’s um with us um we also have the surfboard and kayak. Detective Captain Hannon: Okay any bullhorn? Lifeguard 2: No 92Detective Captain Hannon: any CPR mask? Lifeguard 2: Uh we have a uh CPR mask in our first aid kid Detective Captain Hannon: So you have a first aid kit also Lifeguard 2: Yea yea Detective Captain Hannon: Um do they do you sign those out do you bring them with you every day or are they locked up there Lifeguard 2: Uh so we bring the first aid kits with us um to the beach um they have them in the city and they hand them out to us um Detective Captain Hannon: then at the end of the day you bring it back? Lifeguard 2: uh we can um we usually just keep them in the car ‘cause we are going to be driving to different beaches. Detective Captain Hannon: So is every lifeguard issued a first aid kit to bring to the beach with them? Lifeguard 2: Uh | believe so yes Detective Captain Hannon: So you you have they gave you a first aid kit and inside of that first aid kit is a CPR mask. Lifeguard 2: Yup and I also have my own. Detective Captain Hannon: Okay. Do you have the lifeguard buoy too is that assigned to you individually too? Lifeguard 2: uh not individually it’s part of the like equipment for the beach um but there are two buoys at least for uh each beach um Detective Captain Hannon: Where where are those stored? Lifeguard 2: uh so those are stored um so in City Park um its stored in the middle storage locker of the building where the restrooms are located. Um in Oakland Beach 93its store in the mens room, uh we put the AED in the closet uh that is directly to the right of the men uh once you walk in to the door in the mens room. And in Conimicut its um a separate storage closet um where the restrooms are. Detective Captain Hannon: okay so you have a buoy Lifeguard 2: Yup Detective Captain Hannon: An AED, a first aid kit, a surfboard Lifeguard 2: Yup and a kayak Detective Captain Hannon: and a kayak. Anything else? Lifeguard 2: Um can you read that back to me? Detective Captain Hannon: a AED Lifeguard 2: Yup Detective Captain Hannon: first aid kit, a buoy, a surfboard, and a kayak Lifeguard 2: Uh we also have uh some umbrellas and a flag uh that we put up if the beaches are closed due to high bacteria or something else XXXX Lifeguard 2: and a whistle Lifeguard 2: Uh we have our own whistles so Detective Captain Hannon: okay Lifeguard 2: yea Detective Captain Hannon: And is it is there’s no policies or procedures that you're aware of that you’ve received from Lifeguard 2: Not told to me directly by the city. Detective Captain Hannon: okay Detective McMullin: So there’s nothing written down 94Lifeguard 2: Uh not that I Detective McMullin: that they gave you Lifeguard 2: No not that I was told Detective Captain Hannon: Did um do you recall seeing a mask and a um snorkel on the child when he was removed from the water? Lifeguard 2: No, he didn’t have anything on Detective Captain Hannon: Did you see him or anybody else on the beach with a mask ora snorkel is that a common place Lifeguard 2: Yea that’s pretty common um yea we have uh snorkels aren’t so common but we do have goggles um Detective Captain Hannon: A lot of goggles? Lifeguard 2: Yea a lot of uh kids with the goggles on um mainly the one with like the nose piece the big ones. Some kids have the ones that are just like um Detective Captain Hannon: The racing ones? Lifeguard 2: Yea the racings ones Detective McMullin: They just cover the eyes Lifeguard 2; Yea they just cover the eyes yea Detective Captain Hannon: And were those part of the prohibited items that the lifeguards passed on to you that kids shouldn't have? Lifeguard 2: Uh they said goggles are fine. Um in McDermott Pool the rules are a little different because it’s a pool Detective Captain Hannon: Yea 95Lifeguard 2: We don’t allow the nose piece in the pool but I believe we allow it on the beach Detective Captain Hannon: Okay. Um my notes excuse me im Lifeguard 2: that’s okay Detective Captain Hannon: Partially techno but not all the way. Um uh how many false alarms do you normally how many times have you had a missing person missing child on a beach. Lifeguard 2; Um so there was only one time this summer um it was at Oakland Beach um the parent uh came up to us and said we had a missing child um they said they'd been on the playground end uh they looked around and the child wasn’t there, Um my partner at that time was Zach um. He went with the parent up to the playground um got a description um he came back to me told me the description then was walking along the beach and then they found the child um uh on like the mid uh section the jetty in the middle um on the rocks. Detective Captain Hannon: So in your two years as a lifeguard, you've only had one other missing person Lifeguard 2: Yea Detective Captain Hannon: Missing child Lifeguard 2: Yea Detective Captain Hannon; Um and there’s no procedures like uh um a priority of work or a checklist that the city gave you like alright if this happens if there’s a missing child the first thing you should do evacuate get everybody out of the water get accountability for everybody Lifeguard 2: Uh no not that they gave me Detective Captain Hannon: Um it talks about in your training having a emergency actions plans Lifeguard 2: Yea 96Detective Captain Hannon: Are there any that you’re aware about in the city? Lifeguard 2; Um there are for the pool um but not for the beach set up that | aware Detective Captain Hannon: okay where are the ones in the pool located? Lifeguard 2: Uh so the ones in the pool are are the plans not sure where the plans are located but they were told to me by the supervisor when I came in um so Detective Captain Hanron: okay and would you agree that is probably things are a a little bit different I the pool then they are at the beaches because I mean Lifeguard 2: Uh yes because like um depends on like the size of the crowd also like how much beach um you have to be guarding and um the ease in which people can hear you um like whistling at them or something like that Detective Captain Hannon: Are there any um exercises or training that happens weekly or monthly for you guys on that ya know a supervisor would come down and do any kind of training with or if if they get all the lifeguards together to do a monthly training or anything Lifeguard 2: Uh no. Um the only training um that we have to prepare for is the um lifeguard cert uh swim test at the end of the year in uh August um when uh we can do a surf test or non surf test and we basically go to a designated location um where all the swimmers around Rhode Island go to and um have to swim a certain test. They also do the drills there um but other than that no. Detective McMullin: So they don’t they don’t do a drill where you gotta ya know false alarm but uh uh drill where you clear the beach and you do a human line or anything like that Lifeguard 2: No not inthe city itself no Detective McMullin: Oxay Detective Captain Hannon: Who does swim test that you do in August Lifeguard 2; Yea 7Detective Captain Hannon: at the end of summer, that is for what, for your certification for a year so you're certified for the next year? Lifeguard 2: Yea I gotta certify again Detective Captain Hannon: And who runs that, is that the Y or is that Lifeguard 2: That's um XXXXr Lifeguard 2: Probably the state Lifeguard 2: Yea XXXXr Lifeguard 2: Lifeguards from all over Rhode Island Detective McMullin: Do you do it one place? Detective Captain Hannon: Where'd you do it last time do you remember? Lifeguard 2: Uh so this year I did the non surf test and that’s held in um XXXXr Lifeguard 2; Charlestown Lifeguard 2; Charlestown yea um XXXXr Lifeguard 2: One of the state parks down there Detective Captain Hannon: Okay Lifeguard 2: Yea yea and then the surf test is held at Scarborough um so Detective Captain Hannon: and do you need the surf test to work a Warwick Beach? Lifeguard 2: Yea you need a uh you don’t need a surf test to work at a Warwick Beach you can you can get the non surf because we’re not on the ocean Detective Captain Hannon: Got cha that would make sense Lifeguard 2: so 98Detective Captain Hannon: Are you a lifeguard anywhere else? Lifeguard 2: Uh no Detective Captain Hannon; And you’ve been here this is your second summer Lifeguard 2: Yup Detective Captain Hannon: Um are there any protocols or direction as far as wearing ‘your uniform and identifying as a lifeguard do they do they say hey we're giving you two shirts we want to be ya know attired in this Lifeguard 2: Um I think that’s assumed um you um as a general policy you have to have at least one article of clothing that does say lifeguard on it um I usually just wear the shirt and the hat um just ‘cause it’s easier for me um but like some people wear the shirt then have like a hat on that doesn’t necessarily say lifeguard on it but uh we usually have one article of clothing that says lifeguard on it Detective Captain Hannon: Okay and that’s they kinda tell you hey we want you to that’s their policy to have at least one or Lifeguard 2: uh I think their pol I’m not exactly sure what their policy is but um I think it is yea I’d have like a shirt um Detective Captain Hannon: Did they give you any rules and regulations or any kind of paperwork for what their expectations are? Lifeguard 2: Um not um for us per se um they do give us a pamphlet but um that’s, like um more geared to no drinking while you’re on the job, no drugs (chatter all together) Detective Captain Hannon: All good tips Lifeguard 2: The the really big stuff that you aren’t allowed to do XXXX Lifeguard 2: No naps Detective Captain Hannon: No sleeping 99XXXX Lifeguard 2: on the chair (chatter all together) Lifeguard 2: Not something nitty picky that’s like how many articles of clothing um. They do note that they hand you out lifeguard hats and a new shirt everything year um to go along with the ones that you have had before Detective Captain Hannon: From previous years Lifeguard 2: yea previous years Detective Captain Hannon: Um XXXX Lifeguard 2: Do you have your phone on you Jackie? Lifeguard 2: Ah yes XXXX Lifeguard 2: Will you show the gentleman your phone? There was an allegation that the boys were spending a lot of time texting and he’s kind of a self, prescribed (unintelligible) Detective Captain Hannon: flip phone they still make those huh Lifeguard 2: Actually I just upgraded it Detective Captain Hannon: Ah Very good Um Detective McMullin: I think that was the confusion of him actually calling us at that time I don’t think I didn’t when I did my investigation I didn’t XXXX Lifeguard 2: Okay Detective McMullin: seem to be the the uh he was he was on the phone with us XXXX Lifeguard 2: Yea and his boss XXXX Detective McMullin: and his yup so that’s where that came from XXXX Lifeguard 2: Okay 100Detective McMullin: That’s not a concern Detective Captain Hannon: So um I’m going to ya ya a morning in the Warwick Police Department. So every morning all the command staff sits around this table and we critique everything that happened in the past weekend or overnight within the past twenty four hours. The Colonel sits there and all the ya know deputies and the the division captains sit around and we have to answer for our people and what they and how we we monday morning quarterback everything that happens to try and make things better and that’s basically what I’m doing here um on the city’s behalf to see how the police and fire and the um lifeguard response if there’s anything we could do better. Is there anything that you see that ya think could have been done better or or something that you needed that you didn’t have or I mean in hindsight its twenty twenty I get that Lifeguard 2: Yea XXXX Lifeguard 2: He’s got a list he’s actually put some thought into this Detective Captain Hannon: Okay, I'll take it Lifeguard 2; Yea so Detective Captain Hannon: That’s why I’m here Lifeguard 2: So like some of the big ones which were becoming obvious as our conversation progressed was like just go through some drills or make clear what the procedures are um even in the one that happened earlier this summer when the child was missing um my partner just went up with the woman and we didn’t clear the beach or anything so it was kinda uh uncertain of like what the exact procedure was um like a step by step process um. So another one was um uh like getting like an air hom or something like just ‘cause um it took us several minutes to get everybody out of the water um we had to um walk down the beach and for people who weren’t listening we had to like pull out at them uh so it just took time and um having that um XXXX Lifeguard 2: Ora bullhom Lifeguard 2: Yea something like that just like XXXX Lifeguard 2: something that says this is 101Lifeguard 2: Yea this is serious XXXX Lifeguard 2: Like the amber alert at the beach Detective McMullin: yea XXXX Lifeguard 2: More eyes are better but if it takes ten minutes to walk down the beach ad tell people one on one you're losis Detective Captain Hannon: Yup Lifeguard 2: Yea um just like also um more like from a procedural standpoint um if you're at like a um if you're at like small uh beach like City Park clear the beach if you're like at Oakland then clear out the section of the water from in which the family was um something like that so you don’t have to like to get the logistical mess of like getting everybody out of the water you can clear that one section out and um that might be uh quicker um another one um this was um like just like hiring more guards I mean there there’s obviously only so much you can do about that Detective Captain Hannon: Yup Lifeguard 2: But I mean Detective Captain Hannon: I’m happy there were two of you there to be honestly with ya I was surprised at that but that’s probably not enough Lifeguard 2: Yea I mean Detective Captain Hannon; For the amount of people that were there Lifeguard 2: I mean even like on Oakland Beach we still have two lifeguards there and we usually get like a good seventy five people or so and um there XXXX Lifeguard 2: They were saying on that day there a hundred or a hundred and twenty five people in the water Lifeguard 2: Yea there were like a hundred and twenty people in the water 102XXXX Lifeguard 2: Just two guards, | don’t know what the ratio should be but that seems Lifeguard 2: yea XXXX Lifeguard 2: unbelievably tight Lifeguard 2; yea um and then um I think XXXX Lifeguard 2: Can I just say we we talked about it earlier that was may maybe there there’s some sort of standard that when you get you hit some threshold eighty people in the water or whatever that number is that the the lifeguards have the authority to either shut off a section of the beach or call in a supervisor or something because it just keeps getting more and more and that ya know they really can’t do anything about it you’re asking for trouble to have that Detective Captain Hannon: Ya know what it is its Scarborough and the big beach because you know there’s not and you know there’s more than our people XXXX Lifeguard 2: Yes so I I don’t know what the if there’s something they do how they manage that Lifeguard 2: yea Detective Captain Hannon: probably a lot of praying but that’s XXXX Lifeguard 2: yea Lifeguard 2: I mean also like one of the things that the guards have talked about over um the years is like having a sectioned off part especially for City Park ‘cause um there are two other beaches on the uh within walking distance when it’s low tide and part of the problem is like people are coming from those beaches too ours and technically we are not supposed to al allow people from our beach to walk all the way across because that is a boating Lifeguard 2 Detective Captain Hannon: yup Lifeguard 2: but it gets hard when people are walking to our beach and we lo it’s easy to lose track of which people are from which beach um so having like that sectioned off spot um was like a big thing um that we were thinking of um and then there has 103been talk about like um getting people to like pay to be on the beach I mean that would cut down on the numbers but again that’s like not for us to um decide but um that would kind of help I think um. Also, like for the procedural things was like ask for specific details of the person um and make sure the family is telling you clearly um ‘cause all the parents told us was that he looked like his brother um and the only uh the boy only looked like his brother in the face like everything else was he was short, thin, um, which was one of the reasons what led us to um believe it was somebody else so just like making su getting that those details clearly and making sure their accurate um XXXX Lifeguard 2: Well and learning Lifeguard 2: ‘That was a big thing XXXX Lifeguard 2: And training you guys on how to take a description how to like what are the key elements of a description so that if you’re communicating that to somebody you can XXXXr Lifeguard 2: ask the right questions XXXX Lifeguard 2: ask the right questions Detective McMullin: Especially under stress ya know Lifeguard 2: Yea Detective McMullin: I mean a mom is under stress she couldn’t find her kid Lifeguard 2: Yea Detective McMullin: If you’ve lost your kid XXXX Lifeguard 2: Right Detective McMullin: The stress level is through the roof Lifeguard 2: Yea XXXX Lifeguard 2: right he looks just like his brother I mean see being totally panicked yea 104Lifeguard 2: Yea Detective McMullin: So um so that’s XXXX Lifeguard 2: but being able to say tall, short, fat, thin Lifeguard 2: Yea XXXX Lifeguard 2: black, white, whatever Detective McMullin: um that’s XXXX Lifeguard 2: You you also talked about signage which Lifeguard 2: Yea um that one J was like hesitant to do just like having like a sign that said parents please like pay attention to your children ‘cause I mean people really pay attention to signs that often so that’s why I was like a little hesitant Detective Captain Hannon: yup Lifeguard 2: Um but XXXX Lifeguard 2: I still think it’s unclear whether people can drink or not and as Lifeguard 2 said ya know they’re not there to police that but Detective Captain Hannon: There are XXXX Lifeguard 2: people clearly drink in the park Detective Captain Hannon: There are parks that prohibit I mean there are signs that prohibit that uh I think it says alcoholic beverages there’s a whole list of what you can’t do when you come XXXX Lifeguard 2: Yea Detective Captain Hannon: when you drive into City Park no one ever reads it XXXX Lifeguard 2: Yea 105Detective Captain Hannon: but they’re in there um I mean there's a lot of city ordinances stuff that exist that people don’t know either like did you know that it’s uh a violation of city ordinance to have a mask and snorkel at a city beach Lifeguard 2: Uh no Detective Captain Hannon: They never told you that Lifeguard 2: No Detective Captain Hannon: It’s a it’s a city ordinance violation Lifeguard 2; yea Detective Captain Hannon: Um so there are certainly room for improvement that the city administrators can do and that’s my job is to kind of hey this is what is happening ya know on the ground and this is what we can do to fix Lifeguard 2: yea Detective Captain Hannon: some of the problems that, I’m not saying that it’s broken but I’m just saying that it could be better Lifeguard 2: yea Detective Captain Hannon: Um I mean you guys are certainly restricted on what you can and and can’t do um through your training and everything else and I get that I I would say that after having done my job for a lot of years and been ona a lot it it it’s always very confusing and people don’t really understand it until they're thrown into the mix Lifeguard 2: yea Detective Captain Hannon: of something like this to understand really what it’s like to bea cop or a first responder Lifeguard 2: yea 106Detective Captain Hannon: because you get all this conflicting information at once and you’re supposed to ya know know exactly what’s happening then ya got the command staff the next day that you know is going to critique everything that ya did Lifeguard 2; yea Detective Captain Hannon: and um which is always a good time but ya did a good job Lifeguard 2: yea Detective Captain Hannon: um I mean you guys dealt with a very serious situation that un unfortunately had a tragic results Lifeguard 2: yea Detective Captain Hannon: um but I would give you this advice is to always kind of prioritize um ya know the steps that should be taken you're probably never going to be wrong if somebody’s unaccounted for the first thing you should do is get everybody out of the water Lifeguard 2: yea Detective Captain Hannon: get everybody accounted for Lifeguard 2: yea Detective Captain Hannon: um and then start the land searches Lifeguard 2: yea Detective Captain Hannon: and stuff afterwards because it makes sense the most danger that people would face Lifeguard 2: yea Detective Captain Hannon: is probably in the water um and that’s kinda something that our training kicks in ya know life safety is first we got to an accident scene ya know its let treat the people in the accident first and see Lifeguard 2: yea 107Detective Captain Hannon: who’s hurt the worst and help that person first as opposed to the person that might ya know have aa non life threatening injury Lifeguard 2: yea Detective Captain Hannon; it’s just a priority of work that you come up with and I think as you study, what do you studying in school you going to Wheaton Lifeguard 2; Yea uh I’m studying history and political science Detective Captain Hannon: okay well hopefully you don’t have too many emergency Lifeguard 2: yea Detective Captain Hannon: situations in history and political science but ya never know Lifeguard 2: yea Detective Captain Hannon: ya never know Detective McMullin: Um I got a couple more questions um Lifeguard 2: yea Detective McMullin: um when you you had the interaction with the aunt and the mom Lifeguard 2: yea Detective McMullin: and so forth um did you get an odor of alcohol from them or anything like that Lifeguard 2: Uh no but I was focused on the child at that time I mean um Detective McMullin: did they ever ask you to go in the water to search for their kid Lifeguard 2: Uh no not at me specifically umDetective McMullin: did anybody say why aren’t you searching the water or anything like Lifeguard 2: Um there were people asking um but um I was just telling them that we had like reports all the reports of seeing the boy sightings of the boy had at the playground or something like that so Detective MeMullin: So wha what is your procedure for a missing child do you do you even know Lifeguard 2: Um I’m I'm not sure Detective Captain Hannon: I’m good | got I got nothing else Detective McMullin: alright Detective Captain Hannon: do you have any questions of us Lifeguard 2: Umno Detective Captain Hannon: alright Detective McMullin: Interview com completed (Audio ends at 00:39:32) Detective T MeMullin ‘On 08/15/16, at approximately 1530 hours, I, Detective Terence R. McMullin, continued with the death investigation of Victim M. Victim (00/00/0000). I was informed by Detective Captain Hannon that Detective Fortier had interviewed Warwick Firefighter Thomas Jessop (DOB: XXXX). Captain Hannon provided me with Jessop’s written statement. Captain Hannon also told me that he had interviewed Head Lifeguard XXXX Head Lifeguard (DOB: XXX). Captain Hannon provided me with Head Lifeguard’s written statement. Captain Hannon also told me that he would be doing an administrative review of all the city departments that were involved in the incident at Buttonwoods City Park. As a result I was to forward all statements to him for his administrative investigation of the incident. Captain Hannon also asked me to start a timeline of events during the incident. After Speaking with Captain Hannon, I called Vietim’s Mother (DOB: OXXXX), Victim M. Victim's ‘mother, and left a voice message asking her to call me. I then reviewed Jessop’s and Head Lifeguard’s statements. 109(DOI fighter] Jessop stated that he arrived at City Park and was told that the child had been missing for approximately one hour. He stated that he, along with other firefighters, brought two boats to the beach while divers began to put on their wetsuits in preparation for a snorkel search of the water. He stated that beachgoers had already formed a human chain that extended well out into the water to perform a wading search. He stated that as the two scuba divers approached the water, Victim was located, They immediately began performing CPR on the child and ran him up to the awaiting Rescue. Jessop stated that as they were at the Rescue, they were informed that a fight had broken out by the lifeguard chair. He stated that he went to the lifeguard chair, along with some other firefighters and observed several people gathering around the two lifeguards, yelling at them and attempting to assault them, He stated that he and another firefighter, along with some of the bystanders, began walking the lifeguards to safety. He stated that an unidentified voice yelled out that they “would be back every day to try to find the two lifeguards.” Jessop stated that at this point, police arrived and escorted the lifeguards away from the area, He stated that at this point, Fire Apparatus cleared the scene. (Refer to Jessop’s written statement for further details.) Interview of Head Lifeguard (DOB XXXX) Head Lifeguard Head Lifeguard stated that she received a call from one of her lifeguards that a child was missing. She stated that she would respond to City Park to help. She stated that she arrived to a chaotic scene. She stated that beachgoers had performed a chain and started looking in the water for the child. She stated that at this point, someone yelled out that they had him. Head Lifeguard stated that she and firefighter Tom Brady ran into the water. Tom grabbed the little boy and brought him to the edge of the shore to perform CPR. She stated that several beachgoers were videotaping the scene. She stated that she yelled at them to back up and to put the cameras away. She stated that Tom then took the boy into his arms and ran him to the Rescue. She stated that at this point, the crowd began to gather around the lifeguards. Head Lifeguard stated that the two lifeguards were at the lifeguard chair and that people were screaming and yelling. She stated that she told the lifeguards to get their ’ngs and to go. She stated that people were now yelling “You didn’t rescue him because he was black.” Head Lifeguard then told the lifeguards that they had to go. She stated that people were punching at the lifeguards, slapping them, and trying to get at them any way they could, She stated that at one point, both of the lifeguards were behind her as she was trying to protect them. She stated that one black male in a red shirt just kept trying to punch the lifeguards. She stated that another ‘woman in pink punched one of the lifeguards on the side of the head. She stated that they were swearing and yelling “I'll get you at another time, you pretty white boy.” Head Lifeguard stated that the woman in pink stated that she “would wait at the cars to get them” and that she “would find out where they live and get them.” Head Lifeguard stated that the Warwick Fire Department surrounded them and protected them. She stated that police officers then came in and escorted the lifeguards off the beach, Head Lifeguard described the woman in pink as a short heavy-set black female with long braided hair. Head Lifeguard described the male in the red shirt as a young black male with short hair. 110Head Lifeguard stated that when she arrived, the lifeguards had their shoes off and appeared to be wet with sand on them. (Refer to Head Lifeguard’s written statement for further details.) Phone Interview of Joseph Michael DiPietro On 08/15/16, I received a call from Joseph Michael DiPietro, He stated that he was at City Park with his wife and two children (a 2-year old son and a 4-year old son). He also stated that Joe C. DiPietro was his father. Joseph Michael stated that his father was in the water for some time, as he had a lawn chair in the water and an umbrella. Joseph Michael stated that he was at the beach with his wife and his children. He stated that they were playing in the sand and the water in front of the lifeguard stand. He stated that while he was playing in the sand with his children, a boy came up to him and started playing with his two children. He stated that the time was approximately 1540 hours He stated that the little boy introduced himself as Victim and mentioned that he was 6 years old. Joseph Michael stated that his children played with Victim for approximately an hour and a half, until approximately 1705 hours. During this time, he stated that there was no parental guardian present specifically watching Victim, at least 70° feet from him, He stated that there were approximately 100 people at the beach throughout the day. Joseph Michael DiPietro stated that he and his wife watched over Victim during this time, when it became apparent that no guardian was present. Joseph Michael stated that he asked Victim several times where his mother or family were located and that Victim pointed towards the tee line at the far right of the beach. At approximately 1630 hours, Victim found a shell and ran to show his mother. Joseph Michael DiPietro stated that he did not keep Victim in sight to see where he was located at this time. He stated that Victim retumed approximately 10 minutes later. During the time that Joseph Michael DiPietro and his wife watched Victim, Victim did enter the water and went under the water briefly at times. Joseph Michael DiPietro stated that he never actually saw Victim swim in the traditional sense but more of paddling his arms and kicking his feet (referred to as “dog paddling”). He stated that the water depth in which he played throughout the day wes approximately ‘Through the time that Joseph Michael DiPietro and his wife spent with Victim, Victim mentioned that he had a fondness for water parks, specifically Water Country and Water Wizz, and that Victim had stated that he had visited them recently but was not more specific than that. Upon telling Victim that he and his wife and two sons were leaving and packing up their blanket and children’s toys, Joseph Michael DiPietro stated that Vietim continued to play in the water within 40 feet of Joseph Michael DiPietro’s father (Joseph C. DiPietro), who stayed at the beach upon his son’s departure. Joseph Michael stated that he, his wife, and his children packed up and left at approximately 1705 hours. He also stated that throughout his time with Victim, he never saw Victim wearing a snorkel, oor face mask. He stated that his wife had taken photos and a video of the boys playing on the beach. He stated that he would send them to my email address. (Refer to Joseph M. DiPietro’s written statement for further details). During the course of the investigation it was determined that the Victim that the DiPietro family played with on the beach that day was a different Victim, not Victim. nOn 08/15/16, at approximately 1815 hours, Angel and Troy Soares came into Warwick Police Headquarters to speak with me about the death investigation of Victim. I interviewed them in the Board of Public Safety conference room. Interview of Angel Soares (DOB XXXX) Angel Soares stated that on 08/14/16, she and her husband, Troy Soares (DOB XXXX), arrived at the City Park beach at approximately 1720 hours. She stated that friends of hers were near the ‘gazebo, and they began setting up. She states that a short while later, people started getting out of the water. She stated that she never heard a whistle, but that people were getting out of the water. She noticed a white male wearing blue and white shorts who was walking and looking around the beach, and she noticed that another lifeguard was on the phone. She could hear panic in the voices of persons, later determined to be family members of Victim. She went to the lifeguard who was light-skinned, who told her that a little boy was missing. She states that the lifeguard told her what the boy was wearing. ‘Angel Soares then went to the family and was told that Victim was missing. The family told her that Victim would not leave his mother’s side and that he was last seen in the water. Angel Soares stated that Victim's mother then went to the lifeguards and told them to get everyone out of the water, hoping that Victim would get out of the water with everyone else, The mother stated to Angel Soares that the response from the lifeguards was “were they looking for him and did they check the park?" Victim's mother, Victim’s Mother (DOB OXXXX), told Angel Soares that they pleaded with the lifeguards to get people out of the water and start searching for Victim. ‘The family told Angel Soares that the white lifeguard laughed while he was asking if they had checked the playground. She stated that the white lifeguard told the family that he “knew what he was doing” and that he “was in the military.” He told the family that Victim “would have floated to the top by now if he was in the water.” At this point the family and Angel Soares began to search the park and beach for Victim. Argel stated that she started going towards the bathrooms when she ran into the white lifeguard. She stated that she asked why no one was in the water and why there were only two lifeguards. She stated that the white lifeguard stated that “On Warwick beaches, only two lifeguards are on a beach.” Angel Soares told the lifeguard that someone needed to get into the water. She stated that the lifeguard told her “Ma’am, I'm a lifeguard. I know what I’m doing,” She states that he then put his hand up, which she interpreted as his brushing her off. Angel stated that she told him that was rude, putting his hand up at her. She states that he told her he was in the military. She believes that he said it was, the Marines and that “don’t you think I’m equipped for this situation.” She states that he then told her that “He would have floated to the top if he was in there” indicating the water. Angel Soares states that she told him that that was not necessarily so and that he needed to be in the water. Angel Soares then asked him if he had any children, to which she states he “smugly” replied “Oh, no.” She then replied to him “I didn’t think so.” One of the family members, whom Angel Soares believes was one of Victim’s aunts, said “Let’s just get in ourselves.” Angel Soares states that responders started arriving at this time and that they started a human chain near the west lifeguard chair and went east. Angel Soares stated that the 12human chain was made of family members of Victim's, Angel's husband (Troy Soares), and a few beachgoers. She stated that there were not enough people to keep the line tight and that as they got to the end, someone came and got the mother (Victim’s Mother). Angel Soares stated that she thought it was one of the lifeguards, Angel then got out of the water fo see if they had possibly found Victim on land. While she was at the lifeguard stand, a man (whom she believed may have been a firefighter) asked if they had gone the other way yet. Angel told him no, and he said that they needed to go the other way and needed more people and that they needed to keep the line straight. Angel then yelled for more people to join the line. She states that more people came and that they ‘organized it with the taller people further from shore and with shorter people closer to the shore. Angel stated that as they walked about 10° to 15° feet from the point where Victim was last seen, the man next to her stated “Oh, no.” Angel stated that she reached down into the water and grabbed Vietim’s leg and pulled him out of the water. She then began screaming for help. She stated that Victim's body was limp and lifeless. She stated that “a fireman made a beeline for her” and took Victim from her and started CPR. She stated that the firemen then ran with Victim to the Rescue. Angel Soares states that at this point, she began yelling at the lifeguard, stating that he “had to live with this for the rest of his life.” She stated to him that “You said he would be floating to the top. Well, he didn’t, military man.” She stated that she also yelled at Police and Fire, asking why they didn’t get into the water. I showed Angel a photo of Joseph C. Dipietro, Angel positively identified him as the man standing, next to her in the human chain who said, “Oh no,” She also stated that when they arrived the man ‘was in sitting in a lawn chair in the water. I took a written statement from Angel Soares. (Refer to Angel Soares’ written statement for further details.) As they were leaving, I was told by Angel Soares that Victim's Mother wanted to wait until after the funeral to talk to me. Troy Soares stated that he was with his wife (Angel Soares) and 6-month old child at City Park beach with some friends. He stated that after the water was cleared, he went over to the mother (Victim's Mother), who was crying. He stated that the mother told him that Victim would not wander off and that he “was a mama’s boy”, staying close to his mother. She told Troy Soares that she asked the lifeguards to check the water and kept telling the lifeguards to check the water. She told Troy Soares that the lifeguard kept refusing. Troy Soares then went over to one of the lifeguards and asked one of them if they checked the water and that the lifeguard stated “No.” He stated that they called the authorities, who were on their way. Troy Soares then asked if the authorities were bringing divers to check the water. He stated that the lifeguard “gave him a meek “Yes.*." Troy stated that Police and Fire arrived nearly 5 tv 10 ininutes later and that they started searching the land but not the water. Troy Soares stated that after observing them for some time, he, his wife, and the family, along with some beachgoers, decided for themselves to check the water. He stated that it started with six and grew to about 20 people. He stated that they went east from the 113center of where Victim was last seen. He stated that as it got to the end and began tuning around to move back to the center, someone asked for the mother. She then got out of the water and went to the lifeguard stand, Troy Soares went on to state that at this point, they had moved back to the center, and a call went out for more people. He stated that the line grew to about 30 people. They then started to sweep west. ‘Troy Soares stated that about 15 feet from where they started, his wife found Victim. He stated that Victim was then handed to a fireman, and the fireman tried to revive Victim and then ran to the ambulance. Troy stated that at this point, the family was distraught and yelling at the lifeguards. He stated that the family was telling the lifeguards that “they said he was not in the water and that he was exactly where we told you he was playing” Troy Soares stated that the lifeguard just looked at them “with a smirk on his face which was blank and showing no remorse.” Troy stated that the family members began to go after the lifeguards and that he (Troy) put himself between the lifeguards and the family when Fire and Police arrived and escorted the lifeguards out of the area. I took a written statement from Troy Soares. (Refer to Troy Soares’ written statement for further details.) On 08/16/16, at approximately 1100 hours, | interviewed Patricia Nance in the Board of Public Safety conference room at Warwick police Headquarters. Interview of Patricia Nance (DOB XXXX) Patricia Nance stated that on 08/14/16, she, Victim's Mother (DOB OXXXX), and Nance's sister, Leeann McLean (DOB 07/03/83), arrived at City Park at between 1330 hours and1345 hours. Also with them was Patricia Nance’s son, XXXX (age 9), Patricia Nance’s daughters, XXXX (age 4), and XXXX (age 1), as well as Juvenile Witness Juvenile Witness (age 17) and Victim's Mother's sons XXXX (age 9) and Vietim (age 6). Patricia Nance stated that they picked a spot directly behind the lifeguard chair. Once they were all set up, they went into the water as a group, staying in one area, in approximately three feet of water. While they were in the water, they noticed jellyfish. XXXX and XXXX caught a few jellyfish in buckets. Leeann was curious whether the jellyfish would sting so she went over to the lifeguard that, was on a surfboard and asked if it was safe to be in the water with the jellyfish. The lifeguard said it ‘was okay, but to just not swallow them or get them in your mouth. Nance stated that Victim's Mother reached down in the water and pulled up a hermit crab and showed XXXX, XXXX, XXXX, and Victim. The children then got out of the water and walked to shore collecting hermit crabs, along with Victim's Mother. They did this for approximately 20 minutes. They then went back to their spot on the beach and had something to eat, At approximately 1730 hours, they all decided to go into the water one more time before leaving. Patricia Nance stated that she entered the water first. Behind her was Juvenile Witness, XXXX, XXXX, Victim's Mother, Victim, and Leeann. XXXX stayed on shore for a few minutes with Tamia, the one-year old. After a few minutes, Leeenn got out of the water and was with Tamia on shore, Patricia stated that at this point, she was in approximately four feet of water. She stated that about 10 to 15 feet away, 14Victim's Mother was in about three feet of water, and then on shore was Leeann, also approximately 10 to 15 feet away. It should be noted that the slope of the City Park beach is very gradual. Patricia stated that while she was out in approximately four feet of water, with her was Juvenile Witness, XXXX, XXXX, and Vieti At this point Juvenile Witness asked them how to lay on her back and float, Patricia Nance stated that it was at this time that her son XXXX began showing her. Patricia Nance then tumed to Victim and told him to go back where his mother was. She stated that Victim started walking towards his mother Victim’s Mother. Patricia then began showing Juvenile Witness how to float by holding her in the water and then letting go. Patricia stated that it was not long after this that XXXX and XXXX began heading back towards the shore. She stated that she continued showing Juvenile Witness how to float. She stated that the height of the water was approximately just below her breast area, She stated that at this point, she noticed Victim's Mother was getting out of the water and noticed everyone on shore, except for Victim. She stated that she yelled to Victim’s Mother while she was still in the water ‘Where's Victim?” She stated that Victinn’s Mother began looking at the children on the shore, as well as in the water, looking for Victim. Patricia Nance stated that she was walking, out of the water and still couldn’t see Victim, She then told Juvenile Witness to go look in the area where they had set their camp to see if he was there. Victim’s Mother also went to check the playground and the area where they had rested their blanket. They returned to say that they could not locate Victim, Patricia Nance, who was still in the water at this time, began searching the water for Victim. Victim's Mother then turned to the lifeguard that was standing at the chair, explaining that her son was missing. As Victim’s Mother was telling the lifeguard this, Patricia states that the lifeguard got ‘on the phone and called 911, while the lifeguard wearing the blue shorts followed behind Patricia, walking the shoreline, all of the people were still in the water at this time, Patricia stated that while she was walking the shore, she noticed a gentleman hopping out of the bushes. Due to Patricia's work as a crisis counselor, she became concemed that Victim may have been kidnapped. She ran over to the bushes and began checking for Victim. She stated that as she was coming out from checking the bushes and wooded area, the lifeguard was coming back around the area where the boats are harbored and did not see anything, She states that he then decided to blow his whistle to get everyone out of the water. Patricia stated that it was approximately 10 minutes into looking for Victim that her son ran up to her and stated that he hadn’t seen Victim. Patricia told her son that Victim would be okay. Patricia stated that she then brought all of the other children over to the blanket area, She stated that as she was walking, she was telling the lifeguard that they “need to get in the water because that was the last place Victim was seen.” Patricia stated that the lifeguard told her that “If he was in the water, he would float.” At this point Leeann went in the water, feeling around in the area where they had been swimming. Patricia stated that the lifeguard stood there and told her to “Get out now. Everyone on the beach, get out now.” Patricia stated that everyone on the beach was asking what was going on at this point, asking what the boy was wearing because he could not be located on the land, Patricia stated that she went back to the playground area to look, as well, but could not locate Victim. She stated that she came out after checking the bathrooms and saw the lifeguard with the 115blue shirt now speaking with an officer. She stated that she walked over to him and told him what Victim was wearing. Patricia then continued her search on land. As she was heading back to the ‘water, she states that there were a few police officers and firemen in attendance. She then noticed people who were on the beach in the water, forming a chain. Patricia stated that she immediately participated in the human chain, which consisted of about 10 people at this point. She stated that they began their search going east. She stated that once they got to the end, they tumed around. She stated that more beachgoers joined the chain and entered into the water. Patricia stated that as they tured around, she got out of the water and told Victim’s Mother she was going so to check the trails, She stated that as she walked up the beach, the lifeguard wearing the blue shirt walked over and informed her that the Fire Department wanted to speak with Victim’s Mother. Victim's Mother then left the human chain and walked over to speak with the Fire Department personnel. Patricia then began heading towards the entrance of the parking lot, from where they had come in, screaming Victim’s name in case he was out there in the woods. She stated that as she was walking down, a gentleman in an electric wheelchair offered his help to look. As they were walking a few feet, they heard cheering. Patricia stated that she immediately took off running back, hoping it was a ‘g00d sign. She stated that as she got to the location of the ambulance, she saw a fireman running up the hill with Victim’s body in his hands. I showed Patricia Nance a driver's license photo of Joseph C. DiPietro. Patricia Nance stated that Joe DiPietro was the gentleman who had the lawn chair in the water with the umbrella. She stated that he sat there in the water and was playing with some children, later determined to be his, grandchildren. Patricia positively identified him. Patricia Nance stated that although Victim had scuba goggles, he did not have a snorkel. She also stated that the bay floor did have divots, possibly caused by quahogging. Patricia described the lifeguard with the blue shirt as a Caucasian male. She described the other lifeguard as possibly a light-skinned Hispanic male. Patricia Nance explained to me that she and Leeann are sisters, but they are not related to Victim's Mother, She stated that they all grew-up together and their children all call each other auntie. (Refer to Patricia Nance’s written statement for further details.) On 08/16/16, Lt. Hopkins informed me that Warwick Police Criminalist Walter Williams attended the autopsy of Victim. The cause of death was accidental and the manner of death was drowning. ‘There were no signs of trauma. Victim was 48 inches tall and 56 Ibs. He was found in approximately 42 inches of water. The medical examiner's report would not be available for several months. Witness (17 year old Juvenile Female) -w of Juvenile Witness Juve ‘On 08/17/16, |, Detective McMullin, interviewed the juvenile female at XXXX in Providence, RI. The juvenile female's mother was also in attendance at the residence. The juvenile female stated that on 08/14/16 at approximately 1730 hours, Victim’s Mother, Patricia Nance, Leeann McLean, XXXX, XXXX, Victim, Tamia, and XXXX, decided that they would go in the water for one last swim before leaving. The juvenile female stated that they went into the water for approximately 15 minutes and were in approximately 4 feet of water. She stated that she and Patricia had seen Victim 116bouncing, saying that he couldn’t stand next to them where they were. She stated that Patricia then pushed him closer to her and asked the juvenile female to bring him next to her little cousin XXXX, who is shorter and was in approximately 3 feet of water, closer to shore. The juvenile female stated that she asked her cousin XXX to come out to where they were to teach her how to float for about 5 minutes because she had tried three times; however, due to the sun being in her eyes and face, she did not like floating. The juvenile female stated that her Aunt Petricia was also trying to teach her how to float. ‘The juvenile female stated that they were about to leave when Pztricia Nance called out “Has anyone seen Victim?” The juvenile female stated that as they were coming out of the water, they were looking around, and Victim was nowhere to be found. The juvenile female stated that her Aunt Leeann sent her to go up and check at the blanket and the car, Her Aunt Leeann told XXXX and XXXX to look in the bathrooms. The juvenile female stated that Victim was not at the blanket or at the car, nor was he in the bathroom. She stated that her Aunt Patricia had been looking in the water and at this point got out of the water to see if Victim was with other people on the beach, She stated that at this point the lifeguards “looked at us as if something was wrong.” She stated that Victim's Mother had told the lifeguard with glasses and a light grayish shirt and “Indian skin tone” that her son was missing. The juvenile female stated that they went far down each comer of the beach and were looking for Victim. She stated that at this point, she brought the other children back to the blanket so that they would be together. She stated that she was thinking that if someone had taken Victim, the children would be together and the person would not take another child. She stated that at this point she turned around from the lifeguard with the gray shirt, who was asking her some questions. She stated that the lifeguard with the blue shirt on tured his shoulder with “some kind of smirk on his face as if we were playing with him.” She stated that she pointed out to her cousin Lecann that he was laughing, and she tried to explain to him how serious they were. The juvenile female stated that they continued to look all over the beach area for Victim. She stated that at one point, the lifeguard with the blue shirt and straw hat said “I’m a Marine. If he drowned, he would have floated to the top by now.” The juvenile female stated that she interpreted this as that Victim had been in the water too long. She stated that she and her aunt asked if the lifeguards could get everyone out of the water. She stated that one of the lifeguards stalled and was hesitant to get everyone out of the water. She stated that eventually, they both did it but “not with any urgency.” She stated that it was as if they said to get out of the water “just for the hell of it.” She stated that even then, there were more people in the water. She stated that the lifeguards did not enforce getting out of the water, as if it were not a serious matter. ‘The juvenile female stated that a lady with a green shirt on (not a bathing suit) with a white skin tone had been helping them look for hermit crabs earlier in the day and had suggested that they go into the water and look. The juvenile female stated that this female was alongside them the whole day so she remembered what Victim looked like. She stated that they walked around in the water where im was last seen and found nothing. She stated that they then got out of the water, at which point more people began asking where Victim had last been; and what he was wearing. She stated that he kept repeating the same thing and that the lifeguards never said anything or did anything. She stated that not once did they decide to get in the water to help look for Victim. The juvenile female stated that the lifeguard with the white shirt on asked Victim’s Mother “What was he 47wearing?” and that Victim's Mother replied “White Spiderman trunks.” ‘The juvenile female stated that he kept asking her if she was sure “like she was stupid or crazy.” ‘The juvenile female stated that shortly after the call to 911, her cousin Leeann said that they needed to make a chain to walk the water, where Victim last was. The juvenile female stated that she didn’t want to be the one to find Victim in the water; however, she states that she forced this urge not to participate because she felt that they needed to find Victim. She stated that it had been such a good day that she was hoping for the best. The juvenile female stated that right before they got in, one of the lifeguards had said that the current is going to the left so “if he’s in the water, he went left.” She stated that as a result, the line began. where they had been and walked left (east). She stated that once they could not go any further, her cousin Patricia made her go with the children, and everyone got out of the water. She stated that at point, there were people with boats and jet skis looking in the water where they had been. She stated that this entire time, no lifeguards entered the water. She stated that when she was getting out of the water to get the children, some lady told her that Victim was at the cars. She then ran up to the cars but Victim was nowhere to be found. She stated that it ended up being another little boy with Spiderman shorts on. She stated that at this point she felt that this was all her fault; that she “had failed Victim and her family” and stated “I was the last one to see him.” ‘The juvenile female stated that she kept trying to express that there was no way he was on land. She stated that at this point, the police arrived and began asking her questions. She stated that a lady [Angel Soares] started to get more people, saying “We need more help” and asked for all the family to go to their belongings, which they did. ‘The juvenile female stated that the Fire Department showed up at this point and began bringing equipment back and forth to the shore from the truck to the lifeguard post. At this point people formed a larger chain in the water. They started from the left [east] and walked through the whole beach and began walking west. she was with the children at their blanket, she heard a seream and learned that im in the water and that someone had pulled him out. She stated that she remembered the lifeguard with the white shirt on shore. She stated that none of them went out to help, nor help bring Victim in, and as they put Victim on the beach, she states that he was foaming at the mouth. She stated that she grabbed her little cousins (NXXX, XXXX and XXXX) and got them out of the way so that they would not look at Victim. She covered their faces and tried to “keep it together.” She stated that as she turned around, she saw that her Aunt Patricia had fallen to the ‘ground. She stated that her aunt Leeann said “Get in the ambulance with Victim's Mother” but the Fire personnel would not let her in; so at this point they rushed to the car and found out what hospital Victim was being taken to by Fire personnel. ‘The juvenile female stated that her cousin Leeann was throwing punches at the lifeguard in the blue shirt at this point. She stated that she left her at the beach because she knew that she could handle herself and that she believed that the lifeguard deserved it. She stated that at this point, the family was extremely angry. The juvenile female stated that had the lifeguards acted faster, “maybe, just maybe, this could have been prevented.” She stated that the fact that they “laughed and took us as a joke hurt the most.” 18As the juvenile female recounted the events of that day, her speech became faster and faster; to a point where her eyes began to fill with tears, and she paused trying to hold back the tears. She stated “Detective, we asked them to go in the water. We begged them to go in the water and look for Victim.” She paused and then stated “They just wouldn’t help us.” AC this point the juvenile female's mother consoled her. I asked if she wanted to take a break, to which the juvenile female said no. I then asked the juvenile female if she had noticed on the floor of the bay whether there were any divots or holes. The juvenile female stated that there were in sporadic places. She stated that she thought they might be caused by quahogs, as some people were digging for quahogs during the day. [asked the juvenile female if Victim had goggles or a snorkel. The juvenile female stated that Victim had a scuba mask but that he did not have a snorkel. I asked if she had noticed or seen any distress on Victim, to which she stated no. 1 asked if Victim could swim, to which she stated that he “could move his arms and legs”; however, “a long stroke swim, no.” She stated that it was more of a doggie paddle. | thanked the juvenile female and her mother for speaking with me. I gave them my card and a phone number. [advised them that if they had any further information, to give me a call. The juvenile female had an injury to one of her fingers. As a result, she could not provide a written statement; however, I sent her a blank statement form through e-mail and asked if she could write out a statement, On 08/19/16, 1 contacted Joseph C. DiPietro and he agreed to come in for an interview. Interview h C. Dil B XXXX) On 08/19/16, 1 interviewed Joseph C. DiPietro in the conference room at Warwick Police Headquarters, DiPietro stated that he arrived at City Park around 1230 hours and began setting up behind the lifeguard chair. He was awaiting the arrival of his son, Joseph M. DiPietro, his daughter- in-law, and their two children. DiPietro stated that the temperature was approximately 100 degrees and it was humid. He stated that approximately 100 people were at the beach and they were mostly children. He stated that at some point, he brought a lawn chair into the water so that his grandchildren could go back and forth between him and their parents on the shore. He stated that he ‘was facing the beach and slightly east of the lifeguard chair. He stated that at first, he was about 40 feet from shore but had moved the chair several times closer to the shore as the tide came in, He stated that the back of his lawn chair was about 3 to 3 ¥: inches out of the water. Joseph C. DiPietro stated that he met Vietim in the water and that someone introduced Victim to hhim. Joseph C. DiPietro stated that he had the lawn chair and an umbrella stuck in the bay floor to keep the sun off of him, He stated that his son, his daughter-in-law, and his grandchildren left about an hour before they were asked to get out of the water by the lifeguards. He stated that when his son left, he stayed in the water, sitting in the lawn chair. He stated that at some point he had gotten a second lawn chair for his friend's daughter to sit in to eat some crackers. DiPietro stated that she was about to open a package of crackers when Victim came splashing by (doggie paddling). DiPietro stated that Victim turned to him and smiled and was paddling west to east in an arch and then went behind him, DiPietro stated that he lost sight of Victim at this point, as his umbrella 11gwould block the view. He stated that as Vietim was going by and splashing, he covered the crackers with his left hand. At this point, DiPietro looked at his watch and states that it was between 1740 hours and 1745 hours. DiPietro states that he remembers the time, as he was preparing to leave and plan out the rest of his day. DiPietro stated that he remembers the goggles that Victim had on because they were clear with blue on them. He stated that Vietim was not swimming with an over-the-shculder stroke, but a doggie paddle style. He stated that his friend’s daughter finished the crackers; at which point the lifeguards ordered everyone out of the water. When he got out of the water, he asked a friend what was going ‘on, and he found out that they were looking for someone. He stated that he began to pack up to leave when he found out that it was Victim for whom they were looking. He stated that the children ‘were running around, playing in the playground and on the beach. He stated that he only saw Victim from the waist up through the water. DiPietro saw five or six children that fit Vietim’s description (same height and weight). As he was packing up, DiPietro states that a policeman was holding some ‘young man’s hand and was walking with him towards the beach. DiPietro thought at the time that they had found him, DiPietro stated that as he continued to pack up, he was told by his female friend that it was not him (Victim). He states that at this point, a woman was in the water, asking for volunteers. DiPietro states that he recognized that it was a human chain. He stated that the woman organized the chain, having taller people further out and shorter people closer to shore and having them all be shoulder- to-shoulder. DiPietro stated that he stood next to the woman organizing the chain [the woman being, Angel Soares] and he was on her left. He stated that after four or five sieps, something brushed his foot. DiPietro stated “I said Oh my God.” He stated that he reached into the water and grabbed an arm. He was unsure of whether it was the left arm or right arm, He stated that the woman who organized the chain then grabbed the rest of Victim, and they pulled him out of the water. She then rushed Vietim to the shore, and the firemen took Victim from her. DiPietro stated that at the time Victim was pulled from the water, he recognized the goggles of the little boy who had passed him earlier, He stated that at this point, he felt there was nothing more that he could do so he began to eave when he heard a slapping sound. He stated that someone had struck one of the lifeguards. DiPietro stated that the lifeguard turned and said “Please don’t do that” and was walking away. DiPietro stated that people were yelling “You should have been in the water earlier” and that they repeated this three times. DiPietro stated that he was approximately 10° feet away from the lifeguards, so he went over and put himself between the crowd and the lifeguards. He stated that a fireman or a policeman came and said “Break it up. They're just kids themselves.” He stated that he told the woman who had slapped the lifeguard (as he was unsure whether it was the aunt or the mother, not knowing) that she needed to go into the ambulance. I showed Joseph C. DiPietro a Google search map of the City Park beach. I marked the area where the lifeguard chair was lucated. DiPietru marked where he was sitting in the water when Victim went by him. DiPietro stated that Victim went in front of him, west to east, in an arch and then went behind him, where he lost sight of him due to the umbrella, He then pointed out that Victim was found about 30” feet west of where he was sitting. 1 asked DiPietro what the lifeguards did during the day. He said that one of them was wearing a cowboy hat and he would walk the beach. Twice during the day, the lifeguard sat on a Rescue-type surfboard out in the water, watching the people in the water and making sure that people did not go farther out than he was in the water. DiPietro 120stated that he had commented to the lifeguard, complimenting him on his cowboy hat, as DiPietro was also wearing a cowboy hat. asked Joseph C. DiPietro if he saw Victim with a snorkel, and DiPietro stated that he did not see a snorkel, just the goggles with something blue on them. DiPietro stated that he did not notice any divots or holes on the bay floor and that the pLifeguard 2 of the beach is low and slow, with no ‘major drop off. (Refer to Joseph C. DiPietro’s transcribed Audio recording of the interview for further details). ‘On 08/20/16, at 1400 hours, I interviewed Vilma Albeno and Hector Mota in the Board of Public Safety conference room in Warwick Police Headquarters. Interview of Vilma Albeno (DOB XXXX) Vilma Albeno stated that she and her husband (Hector Mota) and their two children arrived at City Park on 08/14/16 at approximately 1500 hours. At approximately 1745 hours, she was getting out of the water and observed two females looking for something, She stated that she went to the bathroom to change and came back; at which time her husband, Hector Mota (DOB XXXX), told her about the missing child, Albeno stated that she saw a family member of the missing child who was speaking with the lifeguard. She stated that she then went and asked the female family member if she had told the lifeguard to take people out from the water. ‘The female family member stated that “Yes, we did.” Albeno told the female family member that the lifeguards needed to get the people out of the water and start a chain. Vilma Albeno stated that her husband Hector approached the lifeguards to have them go in the water. Albeno stated that an aunt of the missing child went into the water, yelling to the lifeguard that “He was here when I last saw him.” A few people approached her, and they began to form a chain towards the east of the beach. Albeno stated that a female then asked for more people, so about 20 people made a big chain and began walking towards the west, where the missing boy had been last seen. Albeno stated that a man helped the woman who had asked for ‘more people on the chain, took the boy and gave him to a fireman, Vilma Albeno stated that before people went into the water searching for the boy, about 35 to 45 minutes had passed. She stated that the lifeguards never went into the water and that they did not get wet at all. She stated that she “was 100 percent sure” that the aunt told the lifeguards where the boy was last seen. Albeno also stated that she saw the family and people around telling the lifeguards to take everybody out of the water. She stated that the search for the boy in the water did not start until afer about 20 minutes of the boy being missing. (Refer to Vilma Albeno’s written statement for further details), Interview of Hector Mota (DOB XXXX) Hector Mota stated that he and his wife (Vilma Albeno) and their two children arrived at the beach at City Park at around 1500 hours. Mota stated that he was playing with the children when he saw a female walking and looking for something. He asked the female what she was looking for, and she stated “A missing kid.” Mota stated that at this point, he began helping the female, attempting to 121find the child. He asked her if she had called 911, and she stated that they were doing that now. Mota also asked if she had told the lifeguard, to which she stated yes. He stated that he was looking, for the boy for about 10 minutes from the north to the south of the water. He stated that he then asked the lifeguard why he hadn't taken the people out of the water and that the lifeguard said that he “would in a few minutes.” Mota states that for about five to ten minutes, he helped him to get people out of the water. Mota states that an aunt of the boy went into the water and said “Here he was. This is where he was.” Mota then went into the water to search for the boy because the lifeguards were not going in. He stated that he was part of the first chain, which was approximately six to ten people. He stated that a female then asked for more help, and then they went towards the west. At this point he states the chain was big and that the chain then found the boy. Mota stated that a male had found the boy and that a female pulled the boy out of the water. He stated that he had experienced the human chain before and had secn lifeguards take people out from the water. He stated that he thought that the lifeguards took too long to take people out to check to see if the little boy was on shore, Mota stated that during his interaction with the lifeguards, he felt that they were not mentally prepared for the incident, (Refer to Hector Mota’s written statement for further details). ‘On 08/20/16 at approximately 1815 hours, I interviewed Laureen Slutzker in the Board of Public Safety cofrence room of Warwick Police Headquarters. Inte: ween, Slutzker stated that on 08/14/16 at approximately 1715 hours, she arrived at City Park. She began swimming and swam for approximately 25 minutes. Slutzker explained that she was an avid swimmer and often swam as an exercise. She stated that she was just beginning to come onto shore when the lifeguards were blowing their whistles and clearing the water of everyone. She stated that she got out of the water and asked someone what was going on and was told that there was a missing child. Slutzker stated that she exited the water, picked up her belongings, and walked to her car. She stated that she was in her car driving out when she made a cell phone call. She stated that she later looked at the time of that call and that it was 1750 hours. She stated that as she was exiting the park when she noticed Police and Fire vehicles passing her. Laureen Slutzker stated that on that day, there were approximately 100 people on shore and in the water. She stated that she thought it was at least three to four minutes before 1750 hours, when the lifeguards started clearing the water. (Refer to Laureen Slutzker’s written statement for further details), On 08/20/16, Joseph C. DiPietro called me and told me that he was shopping at Walmart (650 Bald Hill Rd. in Warwick) when he observed the goggles that Victim was wearing. He stated that they were clear with a blue trim around the lens. He stated that also in the package was a snorkel, After speaking with DiPietro, at 2033 hours, I responded to Walmart (650 Bald Hill Rd.) I went to the aisle where the life preservers and other water equipment were located. Hanging on a hook was the last pair of clear scuba goggles, with blue trim, and snorkel. I purchased the package. 122On 08/21/16, Captain Hannon and I responded to Joseph C. DiPietro’s residence. I showed him the package containing the goggles and snorkel, and DiPietro positively identified the googles he saw on Victim. He stated that he did not see Victim with the snorkel. Interview of Myishia Johnson (DOB XXXX) ‘On 08/18/16 at approximately 1500 hours, I, Detective McMullin, interviewed Myishia Johnson at her place of work. We spoke in a conference room. Myishia Johnson stated that she arrived at the beach at around 1400 hours. She stated that it was a beautiful, clear day and that everyone seemed to ‘be enjoying themselves. She stated that she was sitting to the left (east] of the lifeguard chair. She stated that Victim's Mother and her family were more to the right. She stated that she had seen Victim once, playing in the sand with his brother and another boy. Myishia stated that she got in the water with her children and that her attention was directed towards her children, Between approximately 1730 hours and 1745 hours, she was out of the water when she noticed Leeann looking in the water. Myishia Johnson stated that she walked over to Victim's Mother, as Victim’s Mother was talking to the lifeguard. Myishia asked Victim’s Mother if everything was okay; at which time Victim's Mother was on the phone with Warwick Police, saying that her son was missing. Myishia stated that at that point, the lifeguard walked away. She stated that she began to help Victim’s Mother look for Victim. She stated that she walked towards the parking lot and rest room areas, Myishia then saw the lifeguard. She heard a woman ask the lifeguard why he was not in the water, and the lifeguard responded that he “was in the military” and he “knows how to do his job and that he is following protocol.” Myishia Johnson stated that she then walked away from the lifeguard and continued to look for Victim. Myishia Johnson stated that a short time later, she was back on the sand when she noticed that the lifeguard was talking to people, taking people out of the water. She stated that at this point, she heard sirens and that the Police arrived. They started searching the woods and beach area again. ‘She stated that at this point, everyone was worried, as about 20 minutes had already passed. She stated that “We then organized the first search in the water.” She stated that the beachgoers organized it. Myishia stated that Victim's Mother was in the water with them and that they scanned the beach from west to east. At that point Victim’s Mother was called out of the water by the lifeguard with the blue shirt. Myishia stated that one lifeguard was helping them, and she described him as “the Asian lifeguard.” She stated that when Victim's Mother exited the water, “the line kind of also exited the water”, and they continued to search the land. She stated that one woman stated that she had seen Victim next to a white man "'so everybody thought maybe he was kidnapped.” Myishia stated that about another 15 or 20 minutes passed, and another search of the water was organized. This time they scanned from east to west. She stated that approximately 5 minutes into the search, a man began yelling “Oh my God. Oh my God.” At that point everyone began screaming. Myishia stated that she saw the man pick up Victim and bring him to the shore, where the paramedics rushed into the water and performed CPR on Victim. They then picked up Victim and rushed him away. She stated that she did not see any effort from the lifeguard that was on the right side of the beach, She described him as a white male. 123Myishia Johnson stated “I feel like the ball was dropped by the lifeguards, and guidelines weren’t followed.” | asked her if she noticed any divots in the bay floor from when she was out in the water. She stated that she had not noticed any. I asked her if she had seen Victim swimming at all, and she stated that while she was in the water, most of her attention was on her own children, Inte Lifeguard 1 (DOB XXXX) [Lifes On 08/21/16 at approximately 1330 hours, Detective Captain Hannon and I, Detective MeMullin, interviewed Lifeguard 1. The interview was audio recorded with Lifeguard 1's permission. Lifeguard 1 stated that at approximately 1745 hours, two woman approached him and Lifeguard 2 and said that her child was missing. Lifeguard 1 stated that from the description, she stated that he “looks like his brother”, pointing to the little boy standing next to her. Lifeguard | stated that after looking at the little boy, he thought he knew what he looked like and had seen him earlier in the day. Asa result, he then went looking on the beach for the little boy. He stated that the boy he was thinking of was not Victim. It was the wrong boy. He stated that Lifeguard 2 stayed at the lifeguard chair. Lifeguard | stated that the family never gave Lifeguard 2 and him a timeframe for how long Victim was missing. He stated that the family never told him or Lifeguard 2 that Victim was last seen in the water; however, Lifeguard | later stated that they did tell him but not at a spezific location, When asked whether he helped orchestrate the human chain, he stated that it was a collaboration of family, Lifeguard 2, the Fire Department, and himself. Later on in the interview however, Lifeguard 1 clarified, stating that he and Lifeguard 2 did not help with the human chain. Lifeguard | denied saying that he “was in the military or the Marines” and that “he knew what he was doing,” When asked how they would know he was in the military. He said that he had his army bag with him and that’s how they would know. He also denied telling the family that if Victim was in the water, “he would have floated by now.” (Lifeguard 1s denial contradicted the witness statements of the 17 year old juvenile, Myshia Johnson, Angel Soares, Patricia Nance and Tiqua Johnson). He also stated that he went into the water up to his waist looking for Victim (This was also inconsistent with witness statements). He stated that 911 was called first and then the water was cleared of swimmers, which also was an inconsistency. Also during the course of the 42 minute interview, Lifeguard 1 made several -eferences to his military experience. For example when was explaining his conduct during the critical incident he stated, “So, you know, it’s tough because a lot of people just panicked, you know, I mean being in the military, you kind of get the edge off. Um, everybody panics, | mean, you know, no one is ‘gonna say I didn’t panic. [Il tell you how hard I panicked when I was on the beach but I tried to keep my calm. You know, if, if, you know, if you panic and let someone else see it, it’s chaos so you just have to lead by example or try to at least.” Lifeguard | stated that throughout the day, he was out on his surfboard, keeping people a safe distance from the shore. Lifeguard | stated that on that day, he was wearing a blue shirt and a white baseball cap with the word “Lifeguard” in red lettering across the front. He s1owed Captain Hannon and myself the baseball cap, which contradicted the witness statements that stated he was wearing a cowboy hat. He stated that Lifeguard 2 was wearing a gray shirt with the word “Lifeguard” on the 124front and the back. He stated that there were approximately 100 people on the beach that day. He stated that it took approximately two minutes to clear the water of swimmers. Lifeguard | stated that has been a certified lifeguard for 3 years. In his (2) years as lifeguard for the City of Warwick he has only had (3) children reported missing to him. In all (3) cases the children were found on land. Lifeguard 1 stated that they did not have a megaphone or @ PA system. He stated that he just walked up and down the beach with the family three times, yelling out Victim's name, He stated that there were no policies or procedures that he knew of to follow. He stated that the only thing he was ever told was to call the police for a missing child. He stated that during the (2) years he has been employed as a Lifeguard with the City of Warwick, other than self-initiated practice, he has had no additional training, He stated that they do not do any practice drills clearing the water of swimmers, or any scenario training. Lifeguard 1 stated that after they found Victim, he was assaulted by a family member. Lifeguard 1 stated that he did not want to press any charges. During stressful times of the interview, both Captain Hannon and I noticed that Lifeguard 1 would display a nervous grin or smirk, He would then press his lips together. His nervous grin was consistent with witness accounts of him smiling, laughing, or smirking during the critical incident, “The final discrepancy occurred at the end of the interview when Lifeguard 1 surprisingly stated that he had heard that the family was drunk when they showed up at Kent County Memorial Hospital. Lifeguard 1 stated “The family was intoxicated.” 1 spoke with Victim’s Mother at the Kent County Memorial Hospital shortly after Victim passed away. I got no odor of an alcoholic beverage on her breath or any other signs of impaiment from her. After interviewing Lifeguard 1, I spoke, separately, with Sgt. McAniff, Sgt. Thomas, Officer Chea and Officer MeViegh. They all stated that they did not get any odor of an alcoholic beverage or any signs of impairment from any of the members in Victim’s family, whether on the beach or at the hospital. ‘The identified discrepancies in Lifeguard 1°s statement make him less credible. Interview of Lifeguard 2 (DOB XXXX) [Lifeguard] On 08/21/16 at approximately 1605 hours, Detective Captain Hannon and I interviewed Lifeguard 2 (The shorter male wearing the gray t-shirt). With his permission the interview was recorded, Lifeguard 2 stated that it was approximately 1730 hours at the end of the day. He stated that he and Lifeguard 1 were packing up for the day. Lifeguard 2 stated that a woman came up to them and stated that she couldn’t find her son. Lifeguard 2 stated that the woman said that they were in the water but in the shallow end, Lifeguard 2 stated that when asked for a description of the child, the ‘woman pointed to the child standing next to her and stated “He looks like him.” Lifeguard 2 stated that at this point, Lifeguard 1 thought that he knew what the boy looked like from seeing him earlier inthe day. Asa result, Lifeguard | went and began looking for the child on land. 125Lifeguard 2 stated that people were coming up to him and telling him that they had seen the boy at the playground. Someone then came up and told Lifeguard 2 that they saw the boy at a white van. Lifeguard 2 stated that the family checked the playground and the parking lot and returned, stating that he wasn’t there, Lifeguard 2 stated that the description of Victim given by the woman was not correct. Lifeguard 2 stated that Victim’s brother was taller and heavier and older than Victim. Asa result, Victim was not the boy that Lifeguard 1 had in his mind. Lifeguard 2 described Leeann McLean as the woman who came up to him reporting the child missing. He stated that the family was very nervous and concemed. Lifeguard 2 stated that once they had cleared the water and determined that Victim was not on shore, they called 911. Lifeguard 2 stated that a this point, Lifeguard 1 walked further down the beach to make sure that Victim had not wandered off. Lifeguard 2 was asked if he had made any contact with the boy during the day, and Lifeguard 2 stated that he had not. Lifeguard 2 stated that Lifeguard 1 had made contact with a boy earlier but that it was the wrong boy. He stated that that boy was shorter but stocky, and Lifeguard I had made contact with him because of the boy's scuba goggles and snorkel. Lifeguard 2 stated that when Police and Fire started arriving, Lifeguard 1 went over to brief the officers and Fire Department personnel. Lifeguard 2 stated that neither he nor Lifeguard 1 ever went into the water to search for Victim. Lifeguard 2 stated that he primarily tried to keep people out of the water, in particular children, He stated that a woman started a human chain in the water and that it first went east. Lifeguard 2 stated that there were approximately 14 people on the human chain. Lifeguard 2 stated that neither he nor Lifeguard 1 assisted with organizing the human chain, Lifeguard 2 stated that Lifeguard 1 was wearing a brown cowboy hat, a blue shirt, and white shorts. Lifeguard 2 stated that he (Lifeguard 2) was wearing a white “Lifeguard” hat with red lettering on the front and a gray shirt with “Lifeguard” on the front and the back, Lifeguard 2 Stated that he has been a certified Lifeguard for 2 years. Lifeguard 2 stated that when he was hired as a lifeguard, there was no orientation of the beaches in the city of Warwick. He stated that he was not aware of any policies or procedures. He stated that they never did any drills or additional training. He stated that the rules were just passed down from one lifeguard to the other. He stated that the equipment that they had at City Park consisted of foam buoys, a surfboard and a kayak. He stated that they did not have a megaphone. Lifeguard 2 stated that in his two years of employment with the city, he has only had one missing child report and that was this summer at Oakland Beach, He stated that the child was found playing on the rocks next to the beach. He stated that people did ask them to go into the water but he told them that there were sightings of the boy on land. When | asked Lifeguard 2 what the procedure was for a missing child, Lifeguard 2 took a long pause and then stated “I'm not sure.” Lifeguard 2 stated that after the human chain went east, they came back and got in the water and asked for more volunteers. Lifeguard 2 stated that more people joined the chain, and they began going east. This is when they discovered Victim. Lifeguard 2 stated that after they discovered the boy in the water, people began getting angry, saying that “They should have done more.” Lifeguard 2 stated that his supervisor (XXXX), who was there at this point, told him and Lifeguard 1 to go over to the lifeguard chair. Lifeguard 2 stated that people began coming 126up to them, telling them that they “should have done more” and they “should have been faster.” Lifeguard 2 states that they were also saying to his partner (Lifeguard 1) and XXXX Head Lifeguard that, “Ifit had been a white kid, they would have gone in the water and they'd have tried to rescue him a lot quicker.” Lifeguard 2 states that “it was more like, um, racial accusations and um that sort of stuff.” Lifeguard 2 also stated that Lifeguard 1 was in the military. When Lifeguard 2 was asked if he had heard at any point that Lifeguard 1 mentioned to the family that he was in the military, Lifeguard 2 stated “I heard them [family] saying that like he told them he was in the military and he knew what he was doing. I myself didn’t hear it.” When Captain Hannon asked who was wearing the cowboy hat, Lifeguard 2 stated that it was Lifeguard | and that “it was a brown cowboy hat.” ‘On 08/22/16, Captain Hannon checked DEM records for the certification of the two Lifeguards. Lifeguard 1 was certified. However DEM had no re-certification information on Lifeguard 2. On 08/02/16, Lifeguard 2 was not allowed to take his non-surf test hecause he did nat have his First Aid card with him. As a result, as of 08/02/16, he was not certified to be lifeguard. Interview of Leeann McLean (DOB XXXX) On 08/24/16 at approximately 1100 hours, | interviewed Leeann MeLean at her residence in Providence. Leeann stated that Victim's Mother, Patricia Nance, and she arrived at City Park between 1330 hours and 1400 hours. Leeann stated that they set up directly behind the lifeguard chair and went into the water with the children (Victim, two nine-year olds, a four-year old, and a ‘one-year old). She stated that they then got out of the water, and Victim's Mother and the children ‘were collecting sand crabs. Leeann stated that at approximately 1730 hours, they decided to go back into the water. She stated that she was in the water for a while and then was on the shore with the one-year old. Leeann stated that Victim's Mother was in about 3 feet of water, and Patricia was in approximately 4 feet of water. Leeann stated that the 17-year old juvenile female (her niece) was also with Patricia. Leeann stated that the children were swimming around. She stated that she remained with the one-year old at the shore in approximately an inch to two inches of water. Leeann stated that all of the children and Victim’s Mother got out of the water, and Patricia and the 17-year old juvenile female were also getting out of the water when Patricia asked where Victim was. Leeann stated that they started to look around in the water and did not see Victim. Leeann stated that Patricia, who was still in the water, began searching the water for Victim. The 17-year old juvenile female and Vietim’s Mother went up to their blanket which was behind the lifeguard chair. They also checked the playground, thinking that maybe Victim had gotten out of the water. At this point, they returned to the water and Victim’s Mother asked Patricia if she had found Victim, to which Patricia stated no. Leeann and Victim's Mother then went to the lifeguard and told him that the child was missing. Leeann stated that the lifeguard, whom she described as a short male with a gray lifeguard shirt, asked if the boy would wander off. She stated that she told him no, that he would either be with his mother or his brother. When asked for a description, Leeann stated that she told the lifeguard that “He looks like his brother”, as Victim’s brother was standing right next to Leeann. When | asked Leeann to clarify the "He looks like his brother" statement she made to the Lifeguard, she said, "Ya know, his face”. Leeann stated that the taller lifeguard (wearing a blue shirt and a cowboy hat) stated that he knew what the boy looked like and started to walk the beach, 127Leeann stated that they then gave the shorter lifeguard a description of Victim, to include a description of his bathing suit. Leeann stated that they then began to walk the beach looking for Victim. She stated that Patricia and the 17-year old juvenile female went and checked the areas of the woods and the bathrooms. When asked where Victim was last seen, Leeann stated they told them that he was in the water. Lecann stated that she and Victim’s Mother asked the lifeguards to clear the water but they refused, stating that he probably wandered off. Leeann stated that Victim’s Mother kept stating that Victim would not wander off and that “he would be with me or with his older brother.” Leeann stated that when they insisted on having the water cleared, the taller lifeguard stated “If he was in the water, he would be floating by now.” Leeann stated that they walked the beach, and finally the lifeguards met up and decided to clear the water. Leeann stated that the taller lifeguard with the cowboy hat stated “I'm a Marine, and I know what I'm doing.” She stated that once the water was cleared, she and Victim's Mother and the lifeguard walked the beach. Leeann stated that she was screaming out Victim’s name but, he never came forward. Leeann stated that at this point, the police arrived, and they began searching the areas around the beach, She stated that at one point, a woman started a human chain. Leeann stated that she Participated in the human chain, which first went east from the last spot where Victim had been, She stated that they then went as far as they could and then got out of the water. She stated that Victim’s Mother went either with one of the lifeguards or a police officer, who was asking her to come to the lifeguard chair. Leeann stated that at this point, the woman stated that they had to go the other way. Leeann stated that at this time the woman asked for more volunteers. Leeann stated that the second human chain was going west and was much larger. She stated that after a few steps, Victim was found, Leeann stated that she saw the firemen run to take Victim. She stated that she looked over at the taller lifeguard wearing the cowboy hat. She stated that she saw him smiling. She stated that she became very upset that this lifeguard “was smiling as they pulled the baby out of the water.” Leeann stated that she then ran aver to the lifeguard and started screaming and yelling at him. She stated that she began swinging at the lifeguard, when someone then stepped in front. Leeann stated that she then decided to go with Victim’s Mother to the ambulance. J asked Leeann if there were any holes or divots in the bay floor. She stated that there were, She stated that people quahog there and that she had stepped in a couple of them. I asked Leeann if Victim had scuba goggles and a snorkel. She stated that he had scuba goggles but no snorkel. She stated that Victim had asthma but had no other medical conditions of which she was aware, She stated that the lifeguards kept questioning the description of Victim. She stated that she had known ‘Victim since he was bom and that she grew up with his mother. Leeann stated that while they were still looking for Victim, she had gone over to an officer [whom she described as Officer Chea] who was standing with another male (possibly a fireman or another police officer, as she was unsure). The other male told her that Victim was not in the water that he was on land somewhere. Due to fact Leeann McLean was in the process of moving, I told her I would send her an email with ‘@ witness statement template attached. Shortly after the interview, I sent her the email. 128On 08/26/16, at approximately 1920 hours, | called Victim's Mother only to find out she was not receiving incoming calls. On 08/27/16, I met with the juvenile female's mother and obtained that written statement. The juvenile female signed the statement, as did her mother. I asked the juvenile’s mother to give a ‘message to Victim’s Mother to call me. The juvenile’s mother informed me, indirectly, that Victim’s Mother had an attomey and would not be giving a statement. ‘On 08/27/16, | received an email from Joseph M. DiPietro containing the photos and video his wife took of 6 year old Vietim playing with Joesph M. DiPietro and his two sons. After looking at the photos and video and based on all the interviews, I questioned whether the boy was Victim. In the video and photos the shorts were black and in none of the photos of Victim was he wearing googles or have them nearby. I then remembered that during the radio traffic of the call, an officer located a 6 year old boy named Victim in the parking lot. The officer came back on the radio and stated that it ‘was not the missing little boy. I played the audio recording of the call and found the transmission. | recognized the voice on the radio as Officer MeViegh. I asked Officer McViegh to look at the photos and video. Once he did he stated that the boy in the photos and the video was the Victim he located in the City Park parking lot during the search for Victim. Officer McViegh stated that he walked the boy over to his mother and then continued to look for Victim. Officer MeViegh walking Victim over to his mother was observed by Joseph C. DiPietro. Based on the photos and the video, the 6 year old Victim that Joseph M. DiPietro and his family spent an hour and a half playing with was not Victim. On 09/03/16 at approximately 1802 hours and after I leaving several messages, Leeann McLean called me and informed me that she had spoken with Victim's Mother's Victim's Mother's family. They told her that on the advice of their attorney not to cooperate with the investigation. As a result, Leeann Mclean would not be providing a written statement. interview of Tiqua Johnson (DOB XXXX) On 08/31/16 at approximately 0925 hours, I, Detective McMullin, met Tiqua Johnson at the Dunkin Donuts located at 189 Sockanosset Cross Rd. in Cranston, RI, for an interview. Tiqua Johnson stated that she arrived at City Park at approximately 1400 hours, she met with some other family members, who were already there. She stated that she did not know Victim personally but knew the people whom he was with, in particular Patricia Nance. Tiqua stated that during the day, the family \was swimming next to her and her daughter, her daughter's friend, and a little cousin whom she had brought to City Park. She stated that Victim's family was swimming to the west of her, as she was more towards the middle of the beach. She stated that towards the end of the day, she saw Patricia Nance looking around. She asked her what was the matter, and Patricia stated that she was looking for her friend’s son. Tiqua Johnson asked where she had last seen him, and Patricia Nance stated “In the water.” Tiqua Johnson then asked Patricia Nance if she had told the lifeguards and Patricia stated that they had already told the lifeguards. She told Patricia Nance that she and her cousin would help her look for Victim. She stated that they went around the bend where some of the children go to catch little crabs. Tiqua stated that they checked the area and did not find Victim. She stated that as they were coming back 123around the bend, the lifeguard blew the whistle and started getting everybody out of the water. She described one of the lifeguards as a shorter “Spanish-looking male” and she described the other lifeguard as a taller white male. Tiqua stated that the shorter lifeguard got in the water, but it was not in the area where Victim’s family had been. She stated that he only walked around a little bit and then got out. She stated that the family was speaking with the taller lifeguard; at which point the taller lifeguard stated “Oh, I know how to do my job. I'm a Marine.” Tiqua Johnson stated that as, they were looking around for Victim, a lady had said that they “should comb the water” and that “Everyone should hold hands and go through the water.” Tiqua stated that she thought that was a good idea. She stated that she brought her children to her blanket and joined the others as they combed the water. Tiqua stated that they “went left, as you face the water” [east] Tiqua Johnson stated that the lifeguards did not participate in the combing of the water. She stated that they then got out of the water and went back to the place where Victim had last been seen. They then began a new line, walking west. She stated that as they were going west from where they had started, a man said “Oh, my God. Oh, my God.” She stated that she did not see them take Victim out of the water; however, she did see them bring Victim to the shore. She stated that at this time, Police and Fire were there. Tiqua Johnson stated that she thought that the lifeguards did not know what to do. [ asked her if the lifeguard had said that he was a Marine. She stated that he “was a Marine. That's what he said.”” She states that he had an Army backpack with him and that he “knows his job.” Tiqua states that he was telling this to the mother (Victim’s Mother). Tiqua stated that they were telling him that they had last seen Victim in the water but “he didn’t want to hear that.” She stated that the lifeguard was looking, but on land. She stated that the mother (Victim’s Mother) was frantic. 1 asked Tiqua how the lifeguards were, and she stated that the lifeguards were not frantic nor panicking and that they ‘didn’t seem to worry at all.” She stated that during this time, people were telling a lot of different stories as to where the child was but that there were so many children there, that there was no way that they could know what this one child looked like unless you knew him. She stated that there were a lot of children that fit the description of Victim. Tiqua stated that in the area where Victim was swimming, there were a lot of children, In the area where she was swimming, she stated that there were a lot of holes in the floor of the bay. Tiqua Johnson stated that the beach has quahogs and clams and that there “were a whole bunch of holes” in the bay floor, I asked Tiqua to estimate approximately how many people were there. She began counting the number of people whom she had been with at the beach and estimated that there ‘were 60 people. She stated that people were scattered all over the beach. She stated that the family’s blanket had been set up near the lifeguard chair, and she stated that they also were swimming roughly in front of the lifeguard chair. 1 asked her if she knew whether or not Victim had a snorkel or goggles that day, and she stated that she did not know. (Refer to Tiqua Johnson's. transcribed audio recording of the interview for further details). During the course of the investigation, Captain Hannon and I could not figure out how with o people on the beach, 2 lifeguards, and four sets of eyes and ears in his immediate vicinity (Vie Mother, Leeann McLean, Patricia Nance and the 17 year-old Juvenile) no one saw or heard Victim struggling. Captain Hannon contacted Lt. Thomas Brady of the Warwick Fire Department, Lt. Brady 130stated that there are two types of drowning. He provided the following source of information from http://www. jhow.com/Recognize-That-Someone-Is-Drowning: Discern between aquatic distress and drowning. Although both responses are serious, knowing how to tell the difference between a person who is in aquatic distress and someone who is drowning may help you to more easily ascertain a person who is in acute danger and requires immediate help. Identify aquatic distress. Someone who is experiencing aquatic distress displays symptoms many people generally associate with drowning. Aquatic distress is no less serious than drowning, but it ‘generally doesn’t last long and the person can assist in his own rescue by grabbing lifelines or throw rings. Signs of aquatic distress include: + the victim’s head is low in the water, with his mouth at water level. + the victim may tilt his/her head back with his/her mouth open. + he/she may have glassy or empty eyes that are unable to focus. + hisher hair may obstruct his/her view and he/she makes no attempt to move it. + he/she fails to kick with or move his/her legs and is in vertical position in the water. + he/she may be hyperventilating or gasping for air. + he/she may try to swim without making any real headway. + he/she may try to roll over on to his/her back. + he/she may appear to be climbing an invisible ladder. Observe the signs of drowning. In contrast to drowning scenes shown in the movies or on TV shows, the signs of drowning are often quite subtle and may not appear to be serious. This is because of the Instinctive Drowning Response, which Dr. Francesco Pia identified as the ways in which a person tries to avoid suffocating in the water. Observing the signs of the Instinctive Drowning Response can help you to identify someone who is drowning and get help to him/her immediately. A person who is drowning: + is likely silent. A drowning person is almost always unable to call for help. There are some eases, however, in which a drowning individual can shout. ‘* may hold his/her mouth below the surface of the water or altemate between the surface and under the water. This makes it difficult for him/her to inhale or exhale. + cannot wave or signal because the natural instinct is to press down on the water surface to lift himself/herself up for a breath. ‘+ isalso unable to control his arm movements, which make it difficult for him to swim to a rescuer or grab on to a lifeline. + Helshe will be vertical in the water and not show any signs of kicking. + A victim exhibiting these signs only has about 20-60 seconds before he'she is, submerged underwater. Detective Captain Hannon and I created the following by taking information from witness statements, police/fire reports, and dispatch records. It should be noted that there are several time 131periods which conflicted between witnesses. In the majority of witness statements, their recollection of time was estimated and could be slightly exaggerated. Waiting for emergency responders may seem like it took 20 minutes when in fact it was much shorter than that. It’s not intentional but the misperception of time is something which can commonly occur during a critical incident. ELINE OF EVENTS ON 08/14/16 Time Event Source 1345 hours ‘Victim arrives with his family at Nance statement City Park 1735 hours ‘The Soares arrive (Troy & Soares” statement Angel, who later located Victim in the water.) 1740 hours ‘Victim is observed swimming by DiPietro statement Joseph C. DiPietro, Victim is told to go back to shore Nance statement ‘by aunt who was in chest-high water 1743 hours, Victim is not observed on shore. Nance statement Mom searches by playground ~ reports to lifeguard 1744 hours Lifeguard Lifeguard land Aunt Nance Nance statement search beachfront 1747 hours Water cleared by lifeguards Lifeguard Lifeguard 2/Slutzker statement 1749 hours WPD and WFD notified and weD CAD dispatched (Lifeguard Lifeguard 2 called) 1753 hours Lifeguard Lifeguard 2 called Lifeguard Lifeguard 2 Lifeguard supervisor (XXXX cell phone Head Lifeguard) 1755 hours First Police officer (Sergeant WPD CAD, ‘Thomas) on scene 1800 hours Lifeguard supervise (Head Lifeguard) Head Lifeguard statement arrived at scene 1803 hours, WED Rescue on scene WFD CAD 1810 hours Civilians organize 10 conduct Nance statement water search 1823 hours Victim located/CPR initiated WED CAD 1321826 hours Rescue 3 transports Vietim to WFD CAD Kent County Memorial Hospital 1836 hours Rescue 3 arrives at Kent County WFD CAD Memorial Hospital 1901 hours Victim is pronounced Cooke statement at Kent County Memorial Hospital by Dr. Chapman Conclusion ‘On 08/14/2016, between 1740 and 1745 hours, Vietim M. Victim was last seen in the water at Buttonwoods Beach by Joseph C. DiPietro, Once Victim was discovered missing, his mother notified the LifeGuards. After hearing a description of Victim, one of the lifeguards thought he knew what the Victim looked like and went looking for him. It was the wrong boy. At this point, they cleared the water of swimmers and began calling the boy’s name. Getting no response, they called 911 at 1749 hours. The Lifeguards then received false sightings of Victim, which reinforced their belief that he had wandered of and was on land. Once officers arrived on seen, they closed the exits and entrance to the beach and began a land search for Victim. The fire department arrived and began to prepare to search the water. At this point Angel Soares organized volunteers to form a human cchain and started to search the shallow area of the water. After getting direction from a fireman, Angel Soares and the other volunteers went west from where Victim was last seen. After a few steps, Joseph C. DiPietro and Angel Soares found Victim at the bottom of approximately 42 inches of water. CPR was preformed and he was rushed by rescue to Kent County Hospital. He was pronounced dead at 1901, Later, the medical examiner ruled that the cause for Victim’s death was accidental and the manner was drowning. Based on the above facts and circumstances, I found no criminal intent or conduct in the death of Victim M. Vietim. As a result, the investigation is closed. 133