WARSAW, N.Y. -- Five months after two young brothers from Brockport died after they were swept over a waterfall at Letchworth State Park, a grand jury handed down an indictment against two men who were supervising the children on that June day.
Tyler Jennings, 34, and Chad Staley, 32, both of Rochester, are now charged with two counts apiece of manslaughter 2nd and criminally negligent homicide, as well as 10 counts of endangering the welfare of a child.
On June 11, first responders were called to the park after seven people were swept over Lower Falls.
Police say the men and five children, all part of an extended family, made their way above the falls for a better view and the men allowed the children to enter the water.
They say the children lost their footing due to the strong current and all seven were swept over the 70-foot falls.
Dylan and Preston Giangregorio, 9 and 6 years old respectively, did not survive and recovering their bodies from the gorge was a multi-day and department effort.
Crews recovered Preston’s body the next day and Dylan’s two days later.
Staley was also stuck on the edge of the falls for two hours until he was saved by a rope rescue team. He and the four others suffered non-life threatening injuries.
The indictment charges both with causing the death of the boys while being aware of and consciously disregarding a substantial and unjustifiable risk that death would occur.
In a statement, Wyoming County District Attorney Donald O’Geen wrote,
“While this case is truly tragic and our hearts go out to the family of the Giangregorio family it is important to note that their deaths were 100% preventable. After reviewing the thorough investigation completed by members of the NYS Park Police, and personally surveying the area above the lower falls I felt that a review by the members of the Wyoming County Grand Jury was warranted and the indictment in this case was the result of their decision.
"It is also important to note that the signage in any park mean something. They are they to give notice, warning and assistance so that your stay can be enjoyable and safe. In the area where this occurred the signage is clear and unmistakable. However, regardless of signs or no signs any area directly above or within close proximity to a major waterfall is inherently dangerous and common sense would dictate not allowing children to play in that vicinity. It is a miracle that 4 other people did not die from going over the falls and it is because of the quick work of first responders and the specialized rescue teams that the fifth person was rescued before serious injury or death occurred."
Both men were arraigned in court on Thursday. They were released on their own recognizance and will appear back in court on Jan. 12, 2017.
Dylan and Preston attended the Brockport Central School District where Preston was in Kindergarten and Dylan was a 3rd grader.