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DA: Pittsfield educator ‘laughed off’ warnings before 12-year-old drowned during a field trip
Two Pittsfield educators face manslaughter charges as prosecutors allege they did not follow state-mandated water safety regulations before a child drowned in their care.
When 12-year-old Giver Essien slipped under the surface of a Great Barrington pond during a school-sponsored field trip last summer, she didn’t go unnoticed.
According to Berkshire District Attorney Timothy J. Shugrue, at least three other children on the same field trip alerted a site supervisor that the Pittsfield student was unable to swim and had gone underwater. Their warnings were “laughed off,” he said, and staff allegedly didn’t notice Essien was missing until students boarded the bus home from Beartown State Forest.
A year later, two Pittsfield educators, including the site supervisor, are facing manslaughter charges as prosecutors allege they did not follow state-mandated water safety regulations leading up to Essien’s drowning death on July 17, 2024.
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“The investigation found that the reckless conduct of program coordinator Linda Whitacre and site supervisor Meghan Braley led to Giver’s death,” Shugrue said in a press conference Thursday. “They may not have intended this outcome, but their actions, or rather lack thereof, caused this incident.”
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A grand jury indicted Braley, 29, and Whitacre, 67, on charges of involuntary manslaughter, permitting serious bodily injury of a child, and reckless endangerment of a child Wednesday.
Braley, who has since moved away from Pittsfield, will be arraigned Aug. 4. Her attorney, Joshua Hochberg, echoed Shugrue’s remarks as he explained his client “did not intend for this to happen.” While he was unable to comment on the specifics of the case, Hochberg said Braley also extends her condolences to Essien’s family.
Whitacre will be arraigned July 14, and she did not immediately respond to a request for comment.
What happened at Benedict Pond?
The two educators were working with Pittsfield Public Schools’ 21st Century program last summer when Essien, a Herberg Middle School student, drowned just days shy of her 13th birthday.
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A photograph showed Essien in the water at Benedict Pond at 12:48 p.m., according to Shugrue. He said staff only realized the girl was missing as students were loaded back onto the bus between 1:30 p.m. and 1:42 p.m., even though at least three children purportedly told Braley that Essien had gone underwater.
The initial search was limited to dressing rooms and bathrooms, and “a call was made to Giver’s father to check to see if she returned to Pittsfield, which was ludicrous,” Shugrue said. He alleged the only calls made to 911 were from another child on the trip and a local attorney who happened to be visiting the park with his family.
A Pittsfield physical education teacher who was leading a separate activity swam in a grid pattern until she found Essien, and the girl’s body was pulled from the water at 1:58 p.m. Shugrue said first responders attempted to resuscitate Essien for more than 30 minutes.
“In this case, a series of preventable and reckless oversights directly contributed to the unintentional death of a child, of Giver,” he alleged.
‘It could have been prevented’
In Massachusetts, Christian’s Law and Department of Public Health regulations require municipal and recreational programs and camps to determine a child’s swimming ability before allowing them to swim in marine or freshwater areas. The law also stipulates summer programs and camps must supply personal flotation devices to children who struggle to swim.
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Pittsfield educators didn’t take those safety precautions leading up to their field trip to Beartown State Forest, Shugrue alleged, and the permission slip for the trip didn’t even mention swimming.
“Alarmingly, children who could not swim were allowed into the water, and lifejackets or flotation devices were not available to staff nor the children,” he said. “Giver could not swim.”
According to Shugrue, a permit pulled for the use of the state forest stated 25 students would attend the trip, but more than 35 ultimately did. While a single lifeguard was present, the DA said a group that large would require two.
He said the original plan was to have about 15 students swim at a time, in two separate groups. But because the trip was running behind schedule, the site supervisor allowed all students into the water at once, Shugrue explained.
He said the lifeguard, a high school student, was under the impression he would only be monitoring 15 students at a time and did not have the benefit of an elevated stand or chair.
“He did everything he was supposed to do, but unfortunately, they put him in an untenable position,” Shugrue added.
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Though the students were grouped initially, they frequently moved between groups and there was no roll call or buddy system in place to ensure all were accounted for, the DA alleged.
Shugrue said he was particularly upset about Essien’s death because he and his team made an effort to educate the public about the importance of water safety last summer, even hosting an informational press conference less than a month before the girl drowned.
“It could have been prevented,” he said. “Giver should still be alive.”
Looking ahead
The maximum penalty for manslaughter is 20 years in prison, and the two misdemeanor charges each carry a maximum sentence of two-and-a-half years.
Victim Witness Advocate Kristen Rapkowicz said Essien’s family is on board with the prosecution.
“I think that this is very difficult for them,” Rapkowicz told reporters, adding, “They know that this is not going to bring their child back, but they understand that and they want someone held accountable for her death.”
Shugrue said the girl’s parents are “very forgiving people” but “just want to make sure this doesn’t happen again.” He said Essien’s death also had a profound impact on classmates who were present when she drowned.
“If these rules and procedures were followed, this child would not be dead today,” the DA maintained. “There’s just no question in my mind.”
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