How Could You? Hall of Shame-Za’Marion Wilcox case-Child Death UPDATED and Lawsuit

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Greenville, North Carolina,  foster child Za’Marion Wilcox,2, “was at the community pool with members of his foster family when he fell into the water. One of his foster parents pulled him from the water and community members at the pool began administering CPR until paramedics arrived. Medics then rushed him to the hospital, where Evans said the toddler was pronounced dead at 8:40 p.m.”

“A community pool in Greenville County became the scene of a tragic incident Sunday when the coroner said a 2-year-old boy fell into the water and drowned.

The coroner responded to the scene at 721 Duncan Chapel Road in the Partridge Ridge subdivision in Greenville just before 8 p.m.”

“Evans said an autopsy performed on Monday confirmed drowning as the cause of death and the nature of the death was determined to be accidental.

The Greenville County Sheriff’s Office, the South Carolina Department of Social Services and the Greenville County Coroner’s Office continue to investigate.

Karen Wingo, Director of Communications and Legislative Affairs for SC DSS, released this statement about the incident.

On September 4, 2016, the Department of Social Services received a report that a toddler in foster care in Greenville County had passed away due to an apparent drowning.  DSS staff responded immediately to the report to provide support and resources for all affected by the tragedy. The Department is currently conducting an investigation into the incident and cooperating with law enforcement.

Community activist Bruce Wilson, founder of Fighting Injustice Together, released the following statement from Za’Marion’s biological family.

“We ask for and appreciate the privacy while we lay our son to rest.

Neither Ms. Njamena Wilcox, nor anyone from the family will be speaking publicly; they simply cannot at this time.

There will be a time to ask tough questions about how this tragic death happened, and the family plans to pursue those answers, but today we mourn Za’Marion’s loss.”

Wilson later stated that his organization was demanding that another Wilcox child currently in the foster system be returned to the family.

With the tragic death of 2 year old Za’Marion Wilcox,  while in the custody of DSS, we plan to directly, immediately and to voice-fully ask and demand that the other Wilcox child that is currently in DSS’s custody,  be immediately release to a family of member of the Wilcox family. It is evident that DSS does not have the capability nor resources to properly protect children in their care.

We will help the Wilcox family seek legal remedy if necessary.

Za’Marion would have turned 3 on September 20.”

Coroner: 2-year-old drowns in Greenville Co. community pool[Fox Carolina 9/4/16 by Rachel Cumberbatch]

“Za’Marion Wilcox drowned over the Labor Day weekend at a neighborhood pool on Duncan Chapel Road.

Wilcox was in foster care at the time of the drowning, and being watched by his foster parents.

When a child dies in foster care, DSS opens an investigation into what happened. DSS says this investigation revealed physical neglect by lack of oversight by the foster parents, causing Za’Marion’s death.

The parents appealed that decision, the Office of Administrative Hearings will now review the outcome. If that outcome is not reversed the foster parents will be placed on the central registry of abuse and neglect, barring them from working in childcare positions and adopting or fostering again.”

http://wspa.com/2016/11/22/foster-parents-negligent-in-drowning-death-says-dss/

[Wspa 11/22/16 by Brianna Smith]

REFORM Puzzle Piece

Update:“A Greenville County judge denied a motion to dismiss homicide by child abuse charges for Travis Wagner.

In December, Wagner was charged with homicide by child abuse after foster child Za’Marion Wilcox drowned at a community pool over Labor Day weekend.

Video captured the drowning described in a preliminary hearing on Wednesday.

The sergeant over the case said Wagner was in the pool with his two children and a neighbor’s child, while Za’Marion walked around the edge of the pool.

The sergeant said at one point Za’Marion placed a towel over his head, walking the edge of the pool. Za’Marion fell in, going under the water unnoticed for more than 2 minutes.

The sergeant stated that Za’Marion did not know how to swim and was not wearing any flotation devices.

Defense lawyer Sloan Ellis filed to dismiss the charge, based on the case McKnight vs. State, claiming that negligence is not enough to stand on for a charge of homicide by child abuse.

That motion was denied. The case will now move to a grand jury.”

Homicide charge stays for Greenville Co. foster parent [WSPA 3/30/17 by Brianna Smith]

Update 2:“A Greenville man who was arrested after his 2-year-old foster child drowned in a pool over Labor Day weekend in 2016 pleaded guilty to a lesser charge.

Travis Wagner was arrested for homicide by child abuse after Za’Marion Wilcox died at their community pool.

Wilcox reportedly fell in the pool while Wagner was responsible for him.

Wagner pleaded guilty Tuesday to a lesser charge of unlawful neglect of a child and will serve two years probation.”

Man accused in foster child’s drowning pleads guilty to lesser charge

[WSPA 2/7/18 by Jenni Matthews]

Update 3:“Two foster parents are being sued in connection with the death of a toddler who drowned in a swimming pool on Labor Day weekend 2016.

Za’Marion Wilcox, 3, died on Sept. 5, 2016, after falling into the community pool in the Partridge Ridge subdivision on Duncan Chapel Road across from Furman University.

Deputies at the time charged the boy’s foster father, Travis Wagner, of Greenville, with homicide by child abuse. Investigators said Wagner failed to properly supervise Za’Marion for a significant amount of time, allowing the boy to drown.

Wagner pleaded down to unlawful neglect and was sentenced in February to two years of probation, court records show.

>Wagner and his wife Rebecca are named as the defendants in two lawsuits filed Monday on behalf of Za’Marion’s biological parents, Njamena Wilcox and William Patrick Henry.

Their attorney, Theo Mitchell, said the family is seeking wrongful death and survival action damages.

“The pool wasn’t supervised, and the information we have is that the toddler’s pool was paved over,” Mitchell told The Greenville News. “We don’t know what the surrogates were doing at the time that they allowed the boy to get into that deep water.”

Also named as defendants are the Partridge Ridge Home Owner’s Association and Greenville County Department of Social Services.

The subdivision’s pool had no safety procedures in place but allowed the Wagners to use it with “not even a life preserver being present,” the lawsuits allege.

“He was allowed to go into the swimming pool’s adult section, with no lifeguard or warning sign he could read, and drowned.”

A statement released on behalf of the Wagners at the time of the drowning said the couple was “completely devastated and heartbroken.”

“In addition to their own children and the four previous foster children they had taken in, Travis and Rebecca loved Za’Marion as if he was their own son,” the statement said. ”
Foster parents sued in death of toddler who drowned in front of them

[Greenville Online 8/9/18 by Anna Lee]