WVM Law - Jessica Weaver Press Release - 9.6.23

† LICENSED IN TEXAS
6200 SAVOY, SUITE 150

HOUSTON, TEXAS 77036 ° LICENSED IN MISSISSIPPI
◊ LICENSED IN NEW YORK
713-581-3900 Ω LICENSED IN PENNSYLVANIA
713-581-3907 FAX £ LICENSED IN OKLAHOMA
877-403-4501 TOLL FREE µ LICENSED IN ILLINOIS
 LICENSED IN CALIFORNIA
€ LICENSED IN NEW JERSEY
JASON C. WEBSTER †°◊ Ω £ µ

HEIDI O. VICKNAIR †
RYAN S. MACLEOD † Ω
CHELSIE KING GARZA † ◊ €
CHRISTIAN TOVAR †  OF COUNSEL:
MAX EVAN FRY † RUSSELL SERAFIN †
KATHRYN H.S. HIETT † ROBERT BARRINGER †
FOR IMMEDIATE RELEASE

[JESSICA WEAVER’S RESPONSE TO EL PASO
DISTRICT ATTORNEY’S PRESS CONFERENCE]
Texas, September 6, 2023 - As most of the El Paso and Texas community knows well, Jessica
Weaver is a single mother who lost her only child, 3-year-old Anthony Malave, when he tragically
drowned at the City of El Paso’s Camp Cohen Water Park on May 13, 2023, and subsequently
passed away the following day on Mother’s Day. Following his death, Ms. Weaver held two
funerals for Anthony, one of which was in El Paso and the other in Ms. Weavers’ home state of
Indiana.
About a month later, Ms. Weaver filed a wrongful death lawsuit against the City of El Paso and
the entertainment company, ASM Global, the City hired to run the Camp Cohen Water Park. The
City of El Paso demonstrated its lack of care regarding Anthony’s death when it ignored its
deadline to answer the lawsuit for an entire week before finally filing an answer. After the lawsuit
was filed, Ms. Weaver’s counsel was informed by counsel for the City of El Paso that the El Paso
District Attorney’s Office might pursue criminal charges against Ms. Weaver for the death of her
only child. Ms. Weaver’s counsel nor Ms. Weaver heard anything more about potential criminal
charges until almost two months later on August 29, when over a dozen law enforcement officers
stormed into an Indiana home yelling at Ms. Weaver and claiming she was a “fugitive from
justice.” Notably, no charges had been publicly announced, no one had informed Ms. Weaver or
her counsel, and certainly no indictment had been obtained by the El Paso District Attorney’s
Office. Ms. Weaver was taken into custody and transported to a jail in Indiana, where she was
given the opportunity to fight or waive extradition to El Paso. Ms. Weaver immediately and
unequivocally waived extradition.
Despite waiving extradition, Ms. Weaver still sits in an Indiana jail today. Rather than send El
Paso law enforcement to Indiana to transport Ms. Weaver back to El Paso or allow Ms. Weaver’s
counsel to arrange for her return to El Paso, District Attorney Bill Hicks decided to pull a political
stunt and hold a press conference to announce that Ms. Weaver was being charged with
intentionally or knowingly causing serious bodily injury to her only child.
During the press conference, not surprisingly, not once did the District Attorney mention:
(1) the lawsuit filed two months against the City;

(2) that the City destroyed video that would have captured Anthony’s tragic drowning;
(3) that life jackets were available only on a first come, first serve basis on the day of
Anthony’s drowning;
(4) that no outside flotation devices were allowed in the water park on the day of Anthony’s
drowning;
(5) that the 17 lifeguards – literally as the name implies the people charged with guarding lives
at the pool – on duty were hired with “no experience required” and were directly
responsible for:
a. “enforcing all rules and regulations”;
b. “providing needed supervision to precent accidents”; and
c. “recognizing and responding to all emergency situations.”
(6) the numerous changes made by the City of El Paso to Camp Cohen’s rules and policies as
a result of Anthony’s drowning; and
(7) that the lifeguards, literally 17 around the Camp Cohen water park, while not babysitters,
clearly did not know how to perform their jobs as lifeguards and had zero clue how to
perform medical life-saving measures after Anthony was pulled from the pool.
District Attorney Hicks also failed to mention how children tragically drown every day in this
country in private pools, hotel pools, and apartment pools – where no lifeguards are on duty – and
the parents are not charged with crimes. Apparently, charges are only brought when a single
mother sues a city for its negligence and gross negligence in causing her only child’s death and
calls out the city for destroying evidence. This charge against Ms. Weaver and the DA’s press
conference stunt are clearly an act of vindictive retaliation against Ms. Weaver and another
example of the City refusing to accept responsibility for Anthony’s death. If the City and the DA
had any interest whatsoever in seeking justice for Anthony and holding the responsible parties
accountable, the DA would be pursuing charges against the 17 lifeguards and the water park
officials who were ultimately responsible for ensuring the safety of the water park guests. That
has not happened and will never happen – it’s bad for business.
If the DA has any interest in seeking the truth of what led to Anthony’s tragic death, we
invite him and the media to attend two upcoming depositions in the civil lawsuit. On
September 28, 2023, Camp Cohen Site Manager Angela Wheeler and Director of Water Park
Operations Pavlova Sheffield will both be deposed in El Paso, and accommodations will be
made for those who wish to attend. There will be no hiding the ball and no political stunts
involved. The truth, what we should all be seeking, will be sought.
Ryan S. MacLeod
Trial Attorney | Partner
###

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† LICENSED IN TEXAS

6200 SAVOY, SUITE 150

JASON C. WEBSTER †°◊ Ω £ µ

FOR IMMEDIATE RELEASE

(1) the lawsuit filed two months against the City;

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