(CNN) 鈥� No criminal charges will be filed over the death of a 12-year-old boy who suffocated at a North Carolina wilderness camp after staff mandated锘� he stay overnight in a fully enclosed sleeping sack, the local district attorney announced on Wednesday.
The during his first night at the camp last February while being required to occupy a small, one-person sleeping enclosure, according to the medical examiner鈥檚 autopsy report, which ruled his death a homicide.
An investigation found the boy鈥檚 death 鈥渄id not involve criminal intent or recklessness sufficient to warrant criminal charges for involuntary manslaughter under the law,鈥� said Andrew Murray, district attorney for Transylvania, Henderson and Polk counties.
Murray said his office will not pursue criminal charges against Trails Carolina, the program for adolescents with behavioral or emotional issues where the boy died, citing the 鈥渉igh threshold鈥� that must be met when considering charges of involuntary manslaughter.
鈥淲hile we are deeply saddened by this tragedy, we must follow the law and make decisions based on the evidence and our legal standard of proof beyond a reasonable doubt,鈥� Murray wrote in a statement.
The child鈥檚 family, who live in New York, has asked CNN not to publicize the his name. They did not wish to make any type of statement regarding the district attorney鈥檚 decision, a representative said.
In accordance with the camp鈥檚 protocol, the boy had been 鈥減laced to sleep in a bivy (small camping enclosure) with a sleeping mat and sleeping bag,鈥� the autopsy report stated.
鈥淚t should be noted that a common warning on commercially available bivy products indicates that the outer, weather resistant opening should not be fully secured as it may lead to condensation and breathing restriction,鈥� the boy鈥檚 autopsy report states. 鈥淭his information was obtained on basic web search.鈥�
The child had previously left his bivy sack to sleep outside of it. The counselors woke him and made him re-enter the bivy, the report noted.
鈥淭he opening to the bivy was then secured with an alarm device such that if the occupant attempted to exit the bivy, it would alarm and wake up the counselors in the cabin,鈥� the autopsy report said.
鈥淎ccording to investigative reports, the internal mesh bivy door, which is normally used to secure the opening, was torn and the outer weather resistant door was instead (used) to secure the opening with the alarm device.鈥�
Investigators from both the county sheriff鈥檚 office and department of social services interviewed the four adult camp counselors and five minors who were in the cabin the night of boy鈥檚 death.
They found that while the counselors knew the 12-year-old was 鈥渁gitated and distraught with being required to sleep in the bivy,鈥� at times 鈥渢hrashing about and uttering incoherent gibberish,鈥� none of them thought he was in 鈥渁ny type of medical distress.鈥�
CNN has reached out to attorneys for Trails Carolina regarding the DA鈥檚 decision.
锘�In a statement on February 6, the camp said, 鈥淲e are shattered by the tragic loss of a young life and our deepest sympathies are with the student鈥檚 family and loved ones.鈥� Two days later, the camp said 鈥渋nvestigations have concluded that there is no evidence that Trails failed to properly supervise, no evidence that Trails caused harm, and no evidence that conditions at Trails were unsafe or unhealthy.鈥�
Following the boy鈥檚 death and the launch of the investigation into the camp, the North Carolina Department of Health and Human Services started the process of revoking Trails Carolina鈥檚 license, according to documents obtained by CNN.
In March, the department sent a letter ordering Trails Carolina to suspend admissions because 鈥渃onditions in the facility are found to be detrimental to the health and safety of the clients.鈥� The letter cited violations involving medication requirements, incident response requirements and protection from harm, abuse, neglect or exploitation.
The camp鈥檚 license was fully revoked as of October 22, according to the department.
The-CNN-Wire
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