Who is Jessica Weaver? Woman who filed $1M lawsuit in toddler son's water park drowning case charged

June 23, 2024

EL PASO, COLORADO: Jessica Weaver, a 35-year-old Indiana mother who initiated a $1 million lawsuit in the wake of the tragic drowning of her three-year-old son, Anthony Leo Malave, at an El Paso water park, is now facing charges of criminal negligence.

She has been charged with injury to a child by omission stemming from the incident.

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Weaver was booked into the El Paso County Jail on September 22 and was released on the same day after posting a $100,000 surety bond. She was extradited from her home state of Indiana to face these charges.

El Paso police detectives built their case based on the accounts of several witnesses to the incident.

These witnesses claim that Weaver was inattentive in the moments leading up to her child's drowning during the seasonal "soft-opening" of the Camp Cohen Water Park in May, as per El Paso Times.

What led to Anthony Leo Malave's tragic drowning?

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Anthony tragically drowned in four feet of water just after 5 pm on May 13. Despite being promptly pulled from the water by a lifeguard, he succumbed to his injuries and died in the hospital the following day.

In response to the incident, Weaver filed a $1 million lawsuit against the city of El Paso.

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She alleged "gross negligence" on the part of the water park and its lifeguards, claiming that their actions led to her son's death. Weaver's legal team argues that she is being unjustly blamed for her child's death as a means to divert responsibility away from the city.

The criminal complaint filed by detectives highlights key details surrounding the incident. The water park had clear signs posted, indicating that children aged six and younger "must be directly attended by a swimming adult" and "must be supervised by an adult within arm's reach."

Additionally, it was noted that the water park was operating well below its maximum capacity on the day of the drowning, and Anthony was not wearing a life vest despite the availability of such safety equipment.

How did witnesses describe Jessica Weaver's behavior during the tragedy?

The complaint also includes witness statements, that described a scene where the woman believed to be Weaver was engrossed in her phone and appeared inattentive to her surroundings.

Some witnesses reported "the mother singing along to a song that was playing and she was laying down, looking at her phone approximately seven minutes before the child/victim was getting pulled out of the water."

One witness stated that it took "about 5 minutes" for the woman, identified as Weaver, to react and approach the child after lifeguards used a whistle to evacuate the pool. Another witness noted that she did not immediately respond when the boy was pulled from the pool.

If you or someone you know may be the victim of child abuse, please contact the Child help National Child Abuse Hotline at 1-800-4-A-Child (1-800-422-4453) or contact their live chat services.