No criminal charges will be filed in the case of a 12-year-old boy who died at a wilderness camp in North Carolina in February, the District Attorney's Office announced Wednesday.
Clark Harman was at Trails Carolina Wilderness Camp, a mountain camp for troubled teens, for less than 24 hours when he died. The camp is just south of Asheville at Lake Toxaway.
An investigation showed Harman died from suffocation, the District Attorney R. Andrew Murray's office said.
"This is an incredibly heartbreaking case, and our thoughts are with Clark Harman's family and loved ones during this profoundly difficult time," the District Attorney's Office said.
Harmon suffocated while being required to sleep in a personal bivy his first night at the camp, officials said. The bivy was zipped closed with an alarm mechanism that sounded if the zipper contacts were seperated. The purpose of the alarm was apparently to prevent a minor from running away during the night.
"The investigation revealed that Clark Harman's death was the result of suffocation, which, while tragic, did not involve criminal intent or recklessness sufficient to warrant criminal charges for involuntary manslaughter under the law," the District Attorney's Office said.
The office said they reviewed evidence, including autopsy reports, witness statements, crime scene photos, personnel files, camp logs, physical evidence, and interviews with four camp counselors who were that were at the cabin with Harman.
According to the investigation, four adult camp counselors were stationed in the cabin with five minor campers on the night Harman died. "Although all four camp counselors reported hearing Clark Harman thrashing about and uttering incoherent gibberish in his sleeping bag at times, none of the counselors report hearing anything resembling words like 'I can't breathe' or 'help me,'" officials said.
The minor accounts also corroborate the camp counselors'. "None of the minors disclosed hearing words of distress," the District Attorney's Office said.
Following the boy's death, DHHS began investigating, and all other teens at the camp were removed. The camp’s license was also suspended.
The health department wrote a letter on March 28, asking the camp to correct deficiencies and threatened to revoke its license, and Trails responded April 4 with a correction plan.
Trails officials said they planned to stop using bivvies and tarps, which were being used to restrain kids who were deemed potentially dangerous. Other improvement measures included: an updated protocol for reporting elevated incidents to the state, allowing more communication with parents or guardians and changes in how teens are given medicine.
Trails officials were clear that they did not agree with the state’s report and said their corrections are not an indication that they agree with DHHS officials.
In addition to the deficiencies report, the camp was fined $18,000 in March.