No criminal charges in death of child who suffocated at North Carolina wilderness camp
Prosecutors will not file criminal charges over the death of the 12-year-old boy who suffocated at a western North Carolina wilderness therapy camp.
Clark Joseph Harman died at Trails Carolina on Feb. 3 while sleeping in a one-person nylon tent called a bivy, according to an autopsy report . He'd arrived at the camp for troubled adolescents from his home in New York the previous day.
The autopsy report didn't state that anyone at the Lake Toxaway camp intentionally tried to harm the boy. But it said his breathing may have been restricted by the bivy, and that "he was placed into this compromised sleeping area by other(s) and did not have the ability to reasonably remove himself from the situation."
In a statement issued Wednesday morning, Transylvania County District Attorney Andrew Murray said: "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."
No campers or camp counselors reported hearing sounds of distress from Harman the night he died, Murray said.
"It is apparent from the investigation that although the counselors understood Clark Harman was agitated and distraught with being required to sleep in the bivy, they never perceived him as suffering any type of medical distress until they attempted to awaken him in the early morning hours," the DA stated.
The law requires prosecutors to meet a high threshold when considering charges of involuntary manslaughter, Murray said.
"While we are deeply saddened by this tragedy, we must follow the law and make decisions based on the evidence and our legal standard of proof beyond a reasonable doubt," Murray stated.
Trails Carolina: Death was accidental
In mid February, the state Department of Health and Human Services removed all children from the camp after concluding that was needed to ensure their health and safety.
DHHS later revoked Trail Carolina's license, citing several serious deficiencies.
Trails Carolina has said that the boy's death appeared to be accidental.
The autopsy didn't find any dangerous drugs in the boy's system and found no evidence of trauma.
But the outer, waterproof opening of his bivy was fully secured and the boy "did not have the ability to reasonably remove himself from the situation," the autopsy notes. An audible alarm had been placed on the alarm to prevent his escape.
A mesh flap on the bivy was torn, the autopsy report states, and a weather resistant door was instead used to secure the opening.
"It should be noted that a common warning on commercially available bivy products indicates that the outer, weather resistant opening should not be fully secured as it may lead to condensation and breathing restriction," the autopsy report states.
Staff members had "fully secured" the bivy so that the boy could not get out without sounding an alarm, the autopsy said.
One camp staff member told state investigators: "I didn't check as thoroughly as I should have," according to the DHHS report. "My actions that night was to perform night checks... that was my responsibility, which I failed on... I do feel like the bivy had a lot to do with it."
Camp property now up for sale
The camp, based about 140 miles west of Charlotte, was founded in 2008, largely on the belief that a wilderness setting enhances the benefits of therapy, according to its website. It took children, ages 10 to 17, on wilderness expeditions, and provided mental health therapy.
The 78-pound boy had a history of anxiety, ADHD and migraines, according to the autopsy report. At his family's request, he was transported to the camp from his home in New York on Feb. 2 due to "ongoing behavioral issues," the report said.
