King Overton attorneys: Child may have been underwater 10 minutes

HENRICO COUNTY, Va. — Attorneys representing the family of 9-year-old King Overton said Monday that evidence gathered in their investigation indicates the child “may have been underwater for 10 minutes or longer” before another child noticed him at a SwimRVA camp this summer.

The statement from Ben Crump Law and The Krudys Law Firm came two weeks after Chesterfield Commonwealth’s Attorney Erin Barr was appointed special prosecutor in the case following the discovery of a potential conflict of interest inside the Henrico Commonwealth’s Attorney’s Office.

King drowned June 15 during his first day at a SwimRVA summer camp at the organization’s North location in Henrico County.

Watch: Special prosecutor takes over drowning case

"The visit with CA Taylor confirmed what our investigation has already revealed,” the attorneys said in the statement, referring to a Friday meeting with Henrico Commonwealth’s Attorney Shannon Taylor and Senior Assistant Commonwealth’s Attorney Cynthia Micklem.

“Evidence indicates King may have been underwater for 10 minutes or longer before a very young child noticed him and told an adult,” the attorneys said. “A bystander, a mother, brought King up from below the surface. No one employed by SwimRVA saw King go under. No one employed by SwimRVA saw him on the bottom of the pool.”

The attorneys alleged that staff at the camp failed to adequately supervise children in the pool and criticized SwimRVA’s setup and staffing decisions.

“A pool full of nine-year-old non-swimmers was not watched closely enough to notice one of them lying on the bottom for ten minutes,” the statement said. “A small child noticed. SwimRVA’s staff did not. That failure begins with SwimRVA.”

The family’s attorneys also alleged that SwimRVA management placed a large inflatable play structure in front of an elevated lifeguard chair, obstructing the lifeguard’s view of part of the pool.

The statement further said the camp was operating without a summer camp license at the time of King’s drowning, meaning Virginia Department of Education inspectors had not evaluated the camp for compliance with state safety regulations.

According to the attorneys, the Department of Education issued a notice of findings July 20 determining that SwimRVA had operated the camp without a license. Afterward, the organization “adjusted its schedule and operations to qualify for a licensure exemption,” the statement said.

Taylor announced Aug. 31 that her office requested the appointment of a special prosecutor after learning that an employee in her office also worked for SwimRVA. Barr was appointed to oversee the criminal investigation.

“The family awaits word from CA Barr regarding her next steps and the ultimate outcome of her investigation,” the attorneys said Monday. “All investigative decisions rest solely with the Special Prosecutor.”

The statement also described King as “small, mighty, and funny.” He attended St. Andrew’s School in Richmond and “should be spending his days at school with his friends and his evenings at home with his mother and sisters,” the attorneys said.

Public records previously obtained by CBS 6 showed the camp had multiple lifeguards, counselors and other staff members on site the day King drowned. SwimRVA previously said the drowning was “a tragic accident” and that the camp “was more than adequately staffed on that date.”

This is a developing story, so check back with WTVR.com for updates. Email the CBS 6 Newsroom if you have info, photos or videos to share.