Grace LeBlanc, a mother in Texas, spoke at Malachi's funeral after he died in a swimming-pool drowning. She described him as her “sweetest little boy,” according to a published report. The report identifies the Bexar County Sheriff's Office as preparing to file criminal charges connected with Malachi's death. It does not state that charges had been filed, what charges might be considered, or the circumstances that led to the drowning. Authorities may continue to investigate the death. The available report does not establish fault or identify the location of the pool, who was present, or what safety measures were in place. What Makes This Incident Different A drowning death in a swimming pool can require a very fact-specific review. Unlike many injury events, the central questions may involve a short and difficult-to-reconstruct period of time: how access to the pool was controlled, whether adults were present, and what occurred before the child entered the water. Here, the reported involvement of the Bexar County Sheriff's Office and the possibility of criminal charges make it especially important to distinguish confirmed information from unanswered questions. A criminal investigation and a civil claim are separate matters. The evidence, rather than assumptions or early reports, will determine what happened and whether any civil legal responsibility exists. Questions Investigators May Examine Investigators may examine conditional questions such as: - Who owned, managed, or controlled the swimming pool area? - How could Malachi have accessed the pool, if access is at issue? - Were gates, doors, locks, alarms, covers, or other protective measures present and functioning, if any existed? - Who was responsible for supervision at the relevant time? - Did any witness observe events before or after the drowning? - Were emergency services contacted, and could dispatch or response records help establish a timeline? - Could photographs, video, or physical conditions at the property clarify whether access barriers or warnings existed? These are questions investigators may consider, not conclusions about the death. The source report does not provide answers to them. Evidence That May Need to Be Preserved In a pool-drowning investigation, evidence may be lost quickly as a property is cleaned, repaired, or altered. Depending on the circumstances, materials that may need prompt preservation include: - Photographs and video showing the pool, surrounding area, entry points, fencing, gates, latches, doors, and any warning signs - Surveillance video, doorbell-camera footage, or other recordings that may cover the property or nearby area - 911 calls, dispatch logs, emergency medical records, and law-enforcement reports - Witness names and contemporaneous statements - Pool-maintenance, repair, inspection, and service records, if applicable - Records concerning pool equipment, alarms, gates, locks, covers, or other safety features, if applicable - Communications that may help establish a timeline or identify who controlled access to the pool - Any physical evidence documented by investigators before the area changes Families should avoid altering or discarding relevant materials when possible. An attorney can send preservation requests to appropriate parties, but the particular evidence that matters will depend on the facts. What Families Should Know The loss of a child is devastating, and families do not need to resolve every legal question immediately. Still, obtaining reliable information early can be important, particularly when a law-enforcement investigation may be underway. Under Texas law, certain surviving family members may have the right to bring a wrongful-death claim when another party's wrongful act, neglect, carelessness, unskillfulness, or default causes a death. Texas law also allows a survival claim in some circumstances for claims that belonged to the person who died. Which claims may be available, who may bring them, and what damages may be sought depend on the evidence and the family’s circumstances. Texas claims are also subject to deadlines. A two-year limitations period often applies to wrongful-death and survival actions, but exceptions and timing questions can affect a case. A family should seek individualized legal guidance promptly rather than relying on a general deadline alone. A criminal case, if charges are filed, does not automatically decide a civil claim. Families may still need an independent review of evidence, insurance coverage, property control, and potential legal duties. How Dunk Law Can Help Dunk Law represents Texas families facing fatal-injury and wrongful-death matters, including cases involving swimming pools and unsafe property conditions. Our team can help families request and review available records, evaluate whether evidence should be preserved, and assess potential civil claims while respecting the separate role of law enforcement. If your family has lost someone in a pool-related incident, Dunk Law can discuss the facts known so far, explain the civil process in plain English, and help you understand potential next steps. A conversation with our firm does not require you to make conclusions before the investigation is complete. Related Dunk Law Resources - Wrongful death claims - Catastrophic injury claims - All practice areas This post is based on publicly available news reports and is provided for general information only. It is not legal advice.