VIRGINIA – A lawsuit has been filed against a YMCA in Virginia, seeking $20 million in damages, two years after the tragic drowning of 5-year-old Auston Wingo, Jr. The incident, which occurred on December 6, 2021, concluded with no criminal charges following an investigation. However, the lawsuit alleges gross negligence by Pulaski County YMCA employees on duty that day.
The investigation into Wingo’s death revealed that 38 children were present at the YMCA, a higher number than usual due to virtual learning in Pulaski County Public Schools. At the time of the incident, there was one lifeguard and three child care workers supervising the children, many of whom were in the pool.
The lawsuit, filed by Contessa Gallimore on December 4, asserts that the lifeguard, despite having an unobstructed view, was distracted by a cell phone while 34 children were in the pool. Additionally, it claims that the child care workers were not properly positioned to supervise the children effectively. Notably, Wingo, who did not know how to swim, drowned in an 8-foot deep area of the pool, about 36 feet from the lifeguard stand, without being noticed by any staff members.
Bedford Commonwealth’s Attorney Wes Nance, acting as the special prosecutor, determined that the circumstances of Wingo’s death did not warrant criminal charges. Nance stated that the incident was not intentional, therefore ruling out murder or voluntary manslaughter charges. Moreover, he concluded that the failure to notice the child in need did not meet the threshold for involuntary manslaughter. According to Nance, the adults were keeping lookout but failed to see the child in time.