TRANSYLVANIA COUNTY, N.C. — Prosecutors will not seek charges in connection with the death of a 12-year-old boy at a North Carolina wilderness camp in February, officials announced on Wednesday.
District Attorney Andrew Murray, who oversees Henderson, Polk and Transylvania counties, said his office will not pursue involuntary manslaughter charges after a comprehensive review of the case. Investigators say Clark Joseph Harman's death was the result of being smothered. The boy was found dead at the facility on Feb. 2.
An April report by the state found that the camp failed to check if the boy was breathing while requiring him to sleep in a "bivy," a small sleeping-bag-like tent, that was covered by a plastic sheet. At some point, staff determined "there was an issue" with the zipper, according to NBC News. An unidentified staff member assigned to sleep next to the boy heard someone "breathing heavily" at one point, but couldn't determine if it was the boy or another employee.
Staff members called 911 when the boy did not respond to attempts to wake him and emergency personnel were unable to revive him, the camp said at the time. The North Carolina Department of Health and Human Services revoked the facility's license in May, saying it failed to comply with state regulations.
"This is an incredibly heartbreaking case, and our thoughts are with Clark Harman's family and loved ones during this profoundly difficult time," Murray said in a statement explaining why charges won't be filed. "The investigation revealed that Clark Harman's death was the result of suffocation, which, while tragic, did not involve criminal intent or recklessness sufficient to warrant criminal charges for involuntary manslaughter under the law."
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