WHITELAND, Ind. — Shortly after the Johnson County prosecutor announced he would not pursue criminal charges in connection with the death of 15-year-old Alaina Dildine, who drowned after having a seizure at the Whiteland High School swimming pool in May, her family claims the school took no special precautions to protect her in the pool even as they knew about her seizure disorder.
The Johnson County Sheriff's Office investigated her death and forwarded the results of its investigation to the prosecutor's office to determine if laws were violated by school employees.
However, the prosecutor's office said making a determination of whether any "negligence on behalf of school officials contributed to this tragedy" was not a "function of their office," and that the civil justice system would need to decide that.
The prosecutor's office said they did not find school employees violated criminal law.
"This accidental death is an unspeakable tragedy and this office expresses its sincere condolences to the family and loved ones of the student," the office of Prosecutor Lance D. Hamner said in a statement.
In response to the announcement, attorney Stephen Wagner, of Wagner Reese LLP, released a statement, reiterating the family is disappointed in the prosecutor's decision to not file criminal charges against school employees.
"The Dildine family is disappointed, but understands the prosecutor’s decision not to press any criminal charges against the lifeguard and P.E. teacher who were present when Alaina drowned. This decision does not absolve them and the school from responsibility, however," Wagner said on behalf of the family.
According to Wagner, the police investigation "revealed a troubling series of oversights which led to Alaina's drowning."
"School officials knew Alaina had a seizure disorder, and yet they took no special precautions to protect her in the pool. Surveillance video shows Alaina swimming in a lane with three other students near the end of class when she went under the water while having an apparent seizure. The staff member who was supposed to be watching her lane was on the pool deck but not keeping a head count of the four students in Alaina’s lane," Wagner said on behalf of the family.
Wagner also claimed Whiteland High School does not "have any written policies, procedures, or protocols that adequately safeguard students using the pool."
"For example, the P.E. teacher and lifeguard took attendance at the beginning of class, but they were not required to count the students after they exited the pool. Instead, the teacher and lifeguard dismissed the students from the pool haphazardly and then failed to conduct a careful check of the pool after the students exited. As a result, Alaina was not discovered for 53 minutes," Wagner said on behalf of the family.
The family's attorney claimed they want the teacher fired, and also claimed the lifeguard on duty was already terminated by the school.
Alaina’s parents, Kyle and Victoria Dildine, issued the following statement:
"We would like to thank the Johnson County Sheriff’s Department and Prosecutor for thoroughly investigating the circumstances surrounding Alaina’s death. We are still in shock at the loss of Alaina, and we are trying our best not to feel angry - but it is hard. As we continue to mourn, we ask the school corporation to implement new swimming pool policies to keep all students safe so no other family has to experience such a profound loss."
Dildine died after being pulled from the swimming pool at the high school on May 16. That happened during a physical education class around 11:45 a.m., according to the school.
During a press conference on May 17, school officials said they believed Dildine was swimming laps with other students when she "went under a bulkhead" that divides the pool.
The school claimed there was a lifeguard and instructor on the pool deck when Dildine reportedly went under.
The Johnson County Coroner's Office later ruled her cause of death was determined to be both drowning and a seizure disorder, with the manner of death being ruled as an accident.
According to a statement on the investigation by the sheriff's department, staff was interviewed, and video surveillance was checked.
The sheriff's department said the students entered the pool at 9:37 a.m. At 10:18 a.m., Dildine went under water and below the bulkhead that separates swimming lanes and diving area.
The class ended at 10:30 a.m. with Dildine still under the bulkhead.
The next class entered the pool at 11:01 a.m., and a student discovered Dildine below the water at 11:10 a.m. – that's 52 minutes after she went under the water.
The instructional assistant pulled Dildine out, and CPR was started and 911 called. CPR ended at 11:47 a.m., and Dildine was pronounced dead.