Judge Dismisses Involuntary Manslaughter Charge in 2013 School Pool Drowning
A Judge recently dismissed charges in a drowning case that has been dragging on for two years. Johnathan Sails, a former substitute teacher, was accused of involuntary manslaughter after a student drowned in a pool at East Detroit High School in 2013. But as of today, Sails is a free man, and the involuntary manslaughter charge is officially gone.
Court records show that Sails allegedly lied to the school about having received certified lifeguard training. At the time of the incident, witnesses claim that he was seated in the bleachers, fully dressed, while students played in the water.
Several people who were present at the time claim that Sails hesitated before responding, then went into the changing area to remove his clothing. Once he had jumped in, witnesses say that he claimed it was too deep for him to save the boy.
The student who drowned was 14-year-old Ke’Air Swift, who was pulled, unconscious, from the deep end of the pool. He was saved by the acting assistant principal who apparently leapt into the water fully dressed. Ke’Air, according to his family, did not know how to swim. After several days on life support, he passed away.
Sails was charged with manslaughter in the boy’s death. But on June 18th, the Michigan Supreme Court ruled in a similar case, dismissing charges against a lifeguard who had been charged with a disabled man’s death. The 19-year-old was swimming in a pool at the Michigan Career and Technical Institute when he drowned.
The lifeguard was accused of gross negligence. However, the Michigan Supreme Court dismissed the charges, explaining that the lifeguard was not responsible for the man’s death. The involuntary manslaughter charge filed against Sails in the 2013 death of KeāAir Swift was dismissed by Macomb County Circuit Court Judge James Maceroni based on this particular ruling.
“It is clear,” said the Judge, “[that] Mr. Swift’s death was tragic and should not have happened.” But he chose none-the-less to dismiss the charges against Sails, citing significant similarities to the recent Supreme Court decision.
While this is extremely good for news for Sails and his family, his attorney has said that he expects the Prosecutor’s office to appeal the decision. So it remains to be seen what will come of this case. But for now, Sails is a free man.