A 4-year-old Chattanooga boy died days after being pulled from an apartment complex swimming pool, and a new lawsuit is raising questions about the pool gate, its posted depth and the lack of an adult supervisor at the time of the drowning.
Sy’Mir “Draco” Vinson fell into the pool at The Reserve at Mountain Pass on Aug. 16, according to the lawsuit and police records. He was at the complex with his 6-year-old brother and other children while in the care of his uncle, Deshundre Vinson.
The child was taken to a hospital after being pulled from the water and spent several days in intensive care. He died on Aug. 20 from injuries related to the drowning, according to his family’s funeral home obituary.
The lawsuit, filed by Draco’s mother, Jaliyah Posley, alleges that the pool area had safety problems that allowed young children to enter without an adult. One of the central claims is that a 9-year-old child was able to open the pool gate with little effort and without a key or other access device.
The complaint also alleges that the gate’s closing, latching and locking mechanisms did not provide adequate protection for young children. The pool was located near a playground in an apartment community where children lived and regularly visited, according to the lawsuit.
What happened at the pool
According to the investigation, Draco and his brother walked to the pool while Vinson was supposed to be supervising them and other children.
Surveillance footage described in police records shows the 4-year-old moving toward deeper water while holding the edge of the pool. He appeared to lose his footing and struggled before disappearing beneath the surface.
Police later determined that Vinson was not at the pool when the drowning occurred. Investigators also obtained messages that they said showed Vinson acknowledging a lack of supervision and a delayed response after the child entered the water.
The boy remained underwater for several minutes before he was discovered and removed from the pool. Earlier reports described the struggle and rescue in detail, while police records cited by local reporting have put the total time underwater at roughly nine minutes.
Emergency responders found a civilian performing CPR on the child before he was taken to the hospital.
Lawsuit focuses on pool safety
Draco’s mother is suing The Reserve at Mountain Pass, LDG The Reserve at Mountain Pass and LDG Development.
The lawsuit alleges the defendants failed to maintain a safe pool enclosure and failed to provide safeguards that would have prevented young children from entering the pool area without supervision.
The complaint also challenges the pool’s depth. It alleges that the actual maximum depth was greater than the 3-foot, 6-inch depth shown on posted signage. Draco was approximately 3 feet, 8 inches tall, according to the complaint.
The lawsuit argues that the combination of the pool’s depth, the gate and the absence of adequate supervision created a foreseeable drowning risk.
Those allegations have not been established in court, and the civil case remains separate from the criminal case against Vinson.
Uncle faces criminal charges
Deshundre Vinson, 22, was arrested Sept. 2 and charged with first-degree murder and three counts of aggravated child abuse in connection with the boy’s death, according to Hamilton County court records.
Vinson has denied that the death was intentional through his attorney, Gerald Webb. After Vinson’s first court appearance, Webb said the case involved additional facts that were not included in the initial arrest report and asked the public to allow the investigation to continue.
Vinson was later released from custody after his total bond across the four charges was reduced from $900,000 to $100,000. The court order also imposed GPS monitoring and restrictions on his contact with certain people and locations, including a requirement that he not supervise children who are not his own.
His next court appearance is scheduled for Nov. 16.
A family remembers Draco
Draco’s death has left his family mourning a child remembered for his energy, dancing, singing and love of superheroes. His obituary describes him as a child who loved soccer, music, Sonic the Hedgehog and spending time with his siblings and extended family.
The legal proceedings will now address two separate questions: the criminal allegations involving the supervision of the children and the civil claims concerning the apartment complex’s pool safety.
For now, the allegations in both cases remain subject to the court process.
