A lifeguard for the Chelsea Piers Connecticut pool has been hit with rare criminal charges in the near-drowning of a 5-year-old boy, police said.
Zachary Stein, 23, of New Canaan was arrested Wednesday on charges of reckless endangerment and risk of injury to a child in connection to the Aug. 3 incident.
Stein was on duty at the “Splash Zone” inside the recreational complex in Stamford when he did not notice that the child had dipped under water, police said.
Cops say that Stein did not appear distracted at the time, but surveillance footage shows he only saw the struggling child after the boy had been underwater for about four minutes.
“There were kids swimming pretty close to him, but it went unnoticed that he was underwater,” says Lt. Tom Barcello of the Stamford Police Department told News 12 Connecticut.
Stein then rushed to the boy’s aid and pulled him from the water, giving him CPR and helping to revive him.
The child was hospitalized from the near-death experience and has since made a quick recovery, but it’s unclear if the boy will suffer any long-term effects, according to cops.
Stein’s lawyer, Mark Sherman, argued that a mistake does not make it a crime.
“Not every accident or mistake is a crime, especially when dealing with first responders,” Sherman told News 12.
A representative for the American Lifeguard Association told the Stamford Advocate that it is unprecedented for a lifeguard to actually be charged in such an incident.
“There have been instances where there have been threats by law enforcement to bring charges, but they were never carried through,” said B.J. Fisher, the director of health and safety for the American Lifeguard Association.
Stein had worked at Chelsea Piers for five years before resigning following the incident.
Chelsea Piers said in a statement: “We are surprised to learn of the arrest, particularly when the lifeguard charged was one of the first responders, who has been credited by the Stamford Police and others with helping to save the boy’s life.”
Stein is scheduled to appear court in Stamford on Sept. 19.
With Post Wires