The decision not to file charges comes as new details surrounding the viral incident have come to light.
WASHINGTON — Prosecutors have declined to file a child neglect charge against a woman whose 5-year-old daughter fell overboard from a Disney cruise ship in June, according to officials.
The decision comes as new details surrounding the viral incident have come to light.
The incident happened June 29 aboard the Disney Dream as it sailed from the Bahamas to Fort Lauderdale. A report from authorities revealed the girl was having her photo taken in front of an open porthole before she fell overboard.
Investigators said the young girl’s mother was taking photos of her daughter on Deck 4 when the child “climbed onto the railing and sat down facing her mother, after which she lost her balance and fell backwards into the ocean approximately 49 feet below,” according to a memo from Assistant State Attorney Melissa Kelly.
Kelly referred to the fall as an “isolated incident.”
The girl’s father, who was walking about 10 feet ahead, heard the child’s mother scream and jumped into the water to rescue her, authorities said.
The ship’s “man overboard” alarm was triggered, and crew members launched a rescue boat that recovered the father and daughter within 20 minutes.
Both were taken to the ship’s medical center and later transported to Broward Health Medical Center in Florida, where the girl was treated for mild hypothermia and minor lactic acidosis, before being released. Her father was hospitalized with hypothermia, lactic acidosis and two spinal fractures.
According to the Broward County Sheriff’s Office’s investigation report, the mother told authorities she “initially did not believe her daughter had fallen into the ocean, as she assumed a glass barrier was present.” Once she realized her daughter was in the water, she immediately called for help.
Assistant State Attorney Melissa Kelly wrote in her report that while the mother’s actions were “arguably negligent and irresponsible,” they did not amount to criminal culpable negligence.
“She was innocently capturing a photograph of her daughter when the incident occurred,” the report said. “While the Defendant was irresponsible, her act of facilitating the victim’s position on the railing was an isolated incident that resulted from a momentary lapse in proper judgement and unawareness of surrounding circumstances. The child did not sustain any injuries and the Defendant immediately acquired help to rescue her daughter.”
Video taken by a passenger showed the girl’s father treading water while holding his daughter until a rescue team reached them.