Vermont State Police announced Tuesday that no criminal charges will be filed in the death of a 3-year-old boy who was seriously injured when he fell into an underground water tank in July while attending a day care program at Smuggler's Notch Resort.
Police say they have completed their investigation into the death of Tate Holtzman, a Cambridge resident who died several days later at the University of Vermont Medical Center.
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Police said the toddler was walking near an outdoor splash pad under adult supervision when he stepped on an unsecured aquarium cover, causing it to collapse. State police said in a news release that teenage lifeguards on duty at a nearby pool entered the tank multiple times and killed Tate “in a heroic attempt to save his life. The body was found “in extraordinary danger,” the statement said.
Police say no criminal charges will be filed in the death of 3-year-old Tate Holtzman at a resort nursery in Vermont. (Fox News)
State police announced that they have submitted the results of their investigation to the Lamoille County Prosecutor's Office, who has decided not to file criminal charges. Police said the Vermont Occupational Safety and Health Administration and the Vermont Department of Children and Families, which oversees licensed child care centers, are conducting their own investigations into the incident.
Smuggler Notch had no further comment, Chief Marketing Officer Steve Cloukey said.
Tate's parents, Jennifer and Zachary Holtzman, released a written statement through police, saying, “In our son's honor, we promote water safety and hope that tragedies like this should not affect other young children.” I will do everything in my power to prevent this from happening to others.”
According to a lawyer, the family is considering a civil lawsuit.
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“This is an avoidable tragedy caused by a highly dangerous product that lacks certain available safety features, its improper installation and warnings,” Boston attorney Jennifer Denker said in an email. “The lack of this made it even more dangerous.”
