Court papers: Lifeguard missed obvious signs as boy struggled

<p>A lifeguard allegedly did not notice as a 5-year-old boy was flailing his arms and struggling to keep his head above water before almost drowning in a Stamford pool in August, according to an arrest warrant released Tuesday.</p>

News 12 Staff

Sep 19, 2017, 5:02 PM

Updated 2,428 days ago

Share:

A lifeguard allegedly did not notice as a 5-year-old boy was flailing his arms and struggling to keep his head above water before almost drowning in a Stamford pool in August, according to an arrest warrant released Tuesday.
Zachary Stein pleaded not guilty Tuesday morning to negligent endangerment.  It is one of the first cases in the country where a lifeguard has been criminally charged after the victim survived.
"He's immensely relieved that this boy is recovering and has survived," said his defense lawyer, Mark Sherman.
Police say the boy, Adam Khattak, was obviously struggling for about a full minute before his head submerged at Chelsea Piers in Stamford.
Police based their account of events on time-stamped surveillance video, which the warrant says shows the boy fighting for his life in the water.
"It did not appear that Stein ever looks in the pool to observe any of the swimmers," the documents say. This happened even though police say the lifeguard made a full walk around the pool.
A few minutes later, the documents continue, "Khattak is just a few feet away, still fully submerged and still motionless, and (the lifeguard) never looks down at him."
Police say there were only 10 children in the pool, but Stein failed to notice Adam for almost four minutes. Police say Stein told them he only thought the child was underwater for five seconds.
The court documents also say one of the boy's friends sat on the edge of the pool and watched him struggle without alerting lifeguards.
Doctors say the boy's recovery was miraculous. He was released from the hospital in just three days.


More from News 12
Red Cross providing support to 75 people displaced during Stratford fire

Red Cross providing support to 75 people displaced during Stratford fire

1:53
Dry, warmer today in Connecticut; more rain returns midweek

Dry, warmer today in Connecticut; more rain returns midweek

0:21
Milford FD: Car pulled from wooded area following I-95 exit crash; 3 hospitalized

Milford FD: Car pulled from wooded area following I-95 exit crash; 3 hospitalized

1:15
Nonprofits partner with Fairfield University to fight gun violence

Nonprofits partner with Fairfield University to fight gun violence

0:24
3 Fairfield County students selected for Presidential Scholars Program

3 Fairfield County students selected for Presidential Scholars Program

2:32
‘You hurt a family.’ Kane In Your Corner reveals animal rescue concerns about Pixies and Paws

‘You hurt a family.’ Kane In Your Corner reveals animal rescue concerns about Pixies and Paws

0:36
Spending time outdoors? Here are 20 tips to prevent tick bites.

Spending time outdoors? Here are 20 tips to prevent tick bites.

0:20
Shelton officials: Woman extracted from overturned vehicle

Shelton officials: Woman extracted from overturned vehicle

0:33
More than 100 artisans' works on display at Milford artisan market

More than 100 artisans' works on display at Milford artisan market

0:34
Police: Man accused of kidnapping, assaulting woman in Southbury

Police: Man accused of kidnapping, assaulting woman in Southbury

0:39
Fairfield community celebrates Mother’s Day at the 87th Dogwood Festival

Fairfield community celebrates Mother’s Day at the 87th Dogwood Festival

0:55
Christ Church Greenwich buries time capsule that will be opened in 25 years

Christ Church Greenwich buries time capsule that will be opened in 25 years

0:30
Haliburton, Pacers take advantage of short-handed Knicks to even series with 121-89 rout in Game 4

Haliburton, Pacers take advantage of short-handed Knicks to even series with 121-89 rout in Game 4

1:39
Senate bill would limit harmful heavy metals in baby food

Senate bill would limit harmful heavy metals in baby food

0:17
Police: Bridgeport man arrested for role in gas station shooting

Police: Bridgeport man arrested for role in gas station shooting

0:23
Stratford FD: 1 injured in apartment fire, dozens displaced

Stratford FD: 1 injured in apartment fire, dozens displaced

0:59
Sister of teen fatally shot by Bridgeport police officer continues to call for justice 7 years later

Sister of teen fatally shot by Bridgeport police officer continues to call for justice 7 years later

1:51
‘Coming together for purpose.’ Mombies Mother's Day 5K raises money for breast cancer research

‘Coming together for purpose.’ Mombies Mother's Day 5K raises money for breast cancer research

0:48
Volunteers and mail carriers work to ‘Stamp Out’ hunger in Connecticut

Volunteers and mail carriers work to ‘Stamp Out’ hunger in Connecticut

0:42
Former Bridgeport mayor Bill Finch announces run for old state senate seat

Former Bridgeport mayor Bill Finch announces run for old state senate seat