LAKE TOXAWAY, NC (AP) – A North Carolina prosecutor announced Wednesday that he will not file involuntary manslaughter charges in the death of a 12-year-old boy at a naturopathy camp.
Clark Harman’s death in February was tragic but did not involve sufficient criminal intent or recklessness to warrant charges of involuntary manslaughter, District Attorney Andrew Murray said in a statement.
Counselors stationed at the cabin that night understood that Harman was upset about having to sleep in a small camping enclosure known as a bivy, but did not believe he was suffering from any medical distress until they tried to wake him, Murray said. Neither the counselors nor the other children in the cabin reported hearing Harman in distress, Murray said.
“The law requires us 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.”
An autopsy released in June found the boy died from an inability to breathe in the mostly plastic tent-like structure he was sleeping in. The report from the North Carolina medical examiner’s office focused on the injured bison and determined the boy died of asphyxiation.
The boy had a history of anxiety, attention deficit hyperactivity disorder and migraines, according to the autopsy report. He was brought from his home in New York to the Trails Carolina wilderness program at the request of his family. He died less than 24 hours after arriving.
A tipster told Transylvania County Sheriff’s Office detectives that the boy refused to eat dinner and was “loud and agitated,” but later calmed down and ate a snack, according to an affidavit filed with a search warrant released in February. The counselor said the boy had a panic attack around midnight and was checked at 3 a.m. and 6 a.m., the affidavit said. He was stiff and cold to the touch when he was found dead at 7.45am
When the boy was found dead, his body was turned away from the entrance and his feet were near the opening, allowing the camping enclosure’s waterproof material to fall on his face, the autopsy report said.
In a press release in February, Trails Carolina said it was grieving with the boy’s family and that “everything points to an accidental death.” Trails Carolina did not immediately comment when contacted about the prosecutor’s announcement Wednesday.
Two weeks after the boy died, the North Carolina Department of Health and Human Services said it removed all children from the program’s care for two months “to ensure the health and safety of the children.” The department later revoked the program’s license, citing several deficiencies, and the owner of the property where Trails Carolina operated has listed it for sale, The Charlotte Observer reported.
