Chattanooga, Tennessee — A 4-year-old boy died after drowning in an apartment complex swimming pool, and a lawsuit filed by his mother alleges that another child was able to open the pool gate easily without a key or other access device.
Sy’mir Draco Vinson was at The Reserve at Mountain Pass on Aug. 16 while staying with his uncle, Deshundre Vinson, a former contestant on “America’s Got Talent.” Draco was accompanied by his 6-year-old brother and three other boys when the tragedy occurred.
The lawsuit alleges that the pool lacked adequate supervision and that its gate could be opened by a young child with minimal effort.
Boy Struggled in Pool Before Sinking
According to the civil complaint, a 9-year-old boy was able to open the pool gate without a key or other access device. The complaint alleges:
“Despite the fact that a young child was able to open the pool gate with minimal effort, no certified lifeguard … or other adult employee was on duty at the pool,”
The lawsuit says Draco eventually entered the pool and fell into water that was deeper than his height.
“Tragically, Draco fell into the pool in water that was over his head,” the complaint alleges. “Video shows that he struggled as hard as he could for about two minutes, and then he sank under the water.”
According to the complaint, Draco remained underwater for approximately seven minutes before someone noticed him and pulled him from the pool. By then, the situation had become critical.
“It was too late,” the complaint states.
Draco Died Four Days After the Drowning
Emergency responders rushed Draco to a local hospital, where he spent several days in the intensive care unit. He ultimately died on Aug. 20 as a result of his drowning injuries, according to his mother.
The lawsuit alleges that the pool was located next to a playground at an apartment complex where numerous young children lived, visited and played.
The complaint argues that the combination of the pool’s location, the accessibility of the gate and the lack of an adult employee or certified lifeguard created an unreasonable danger for young children.
Lawsuit Questions Pool Gate Safety
Draco’s mother has filed a lawsuit against The Reserve at Mountain Pass, LDG The Reserve at Mountain Pass and LDG Development.
The lawsuit alleges that the defendants failed to properly maintain the pool enclosure and failed to provide appropriate supervision. It also claims the actual pool depth was greater than the depth listed on a posted warning sign.
According to the complaint:
“The pool gate was an unreasonably dangerous condition on defendants’ property,” the complaint alleges. “The pool gate’s closing, latching and/or locking hardware was a dangerous condition that failed to prevent very young children from opening the gate and entering the pool area without a key, other access device, adult assistance, or supervision.”
The mother also alleges that the pool’s maximum actual depth exceeded the posted 3-foot, 6-inch depth. Draco was approximately 3 feet, 8 inches tall, meaning the water was allegedly deeper than his height.
Safety Requirements Cited in Lawsuit
The lawsuit points to Tennessee and Chattanooga requirements concerning swimming pool safety, including barriers, self-closing and self-latching gates, qualified pool operators and certified lifeguards.
The complaint argues that failing to provide effective access controls and adequate supervision violated those safety requirements.
It also alleges that the expense of preventing young children from entering the pool without supervision would have been relatively small compared with the potential consequences.
“The cost of providing and maintaining an effective pool-access-control measure capable of preventing small children from entering the pool area unsupervised was slight compared to the foreseeable risk of a child drowning,” the complaint states, adding that the same was true of “the cost of providing a lifeguard and/or other adult pool operator.”
The allegations in the lawsuit have not been established as facts in court.
Uncle Faces Murder and Child Abuse Charges
Deshundre Vinson was reportedly responsible for watching the children at the time.
Police records cited in the case allegedly include text messages that investigators say showed a lack of supervision and a delayed response after Draco entered the pool. Children under 14 were reportedly not permitted to use the complex’s pool without adult supervision.
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Vinson has been charged with one count of first-degree murder and two counts of aggravated child abuse. His attorney has said the drowning was not intentional and described the incident as a tragedy for the family.
Vinson became known nationally as a member of the R&B group Citi Limitz, which appeared on “America’s Got Talent” and “The Ellen DeGeneres Show.”
Surveillance Video Shows Final Moments
Surveillance footage referenced in the arrest affidavit reportedly shows Draco walking from the center edge of the pool toward deeper water while holding onto the side.
The footage allegedly shows him slipping and struggling before going underwater. His mother’s lawsuit argues that the tragedy could have been prevented if the pool had been properly secured and supervised.
The case now involves both criminal charges against Vinson and a civil lawsuit against the apartment property owners and developers, with the allegations about the pool’s safety and supervision to be addressed through the legal process.
What are your thoughts on the pool safety concerns raised in this case? Share your reaction in the comments below.
