A Texas mother has been charged after allegedly remaining “glued to her phone” while her 3-year-old son drowned at a water park.

Jessica Weaver faces an indictment on one count of injury to a child causing serious bodily injury in connection with the death of her son, Anthony Leo Malave, on May 13, 2023, according to El Paso County Court records.

Weaver, 35, was arrested on September 22, 2023, but police released her later that day on a $100,000 bond, according to jail records.

Rescue workers discovered Anthony unresponsive in a 4-foot-deep section of the pool, at the Camp Cohen Water Park. Paramedics took him to a hospital, where he died the following day.

Witnesses told police that Weaver allegedly remained “by herself on her phone, never looking up or paying attention to anything” during the drowning, according to an affidavit.

The El Paso Times reports that the water park posted signs indicating that adults must directly supervise children ages 6 and younger at all times and keep them within arm’s reach.

The affidavit claims that Weaver was recklessly inattentive before the young boy drowned. A witness stated that Weaver took “about 5 minutes” to reach the child after lifeguards signaled for everyone to leave the pool.

Weaver’s attorneys from the Houston-based law firm Webster Vicknair MacLeod denied any wrongdoing and contended that the city of El Paso is liable for the child’s death.

Weaver has filed a lawsuit against the city of El Paso, claiming it destroyed video footage from the day of the drowning and that the water park’s lifeguards “had zero clue how to perform medical life-saving measures” after pulling Anthony from the pool. The lawsuit is pending in state district court.

The story is developing. Check back for updates.

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