A lawsuit filed in Hudson County Superior Court nearly three years ago over two Bayonne brothers drowning in a school pool now alleges concealed evidence, violating lifeguard protocols, and lying to police, citing depositions in the case.
By John Heinis/Hudson County View
“It is unfathomable that the events unfolded in such a tragic manner that these two incredible young boys will never live out their promising lives. It is disturbing that the BBOE completely abdicated its responsibility to keep the residents of Bayonne safe and set their lifeguards up for failure, at the expense of the lives of Chu Ming and Jack,”
Daryl Zaslow, the attorney for the boys’ estate, wrote in a 51-page mediation statement.
“While inconceivable that so many derelictions led to such an unspeakable loss, it is reprehensible that the individual Defendant lifeguards, who were completely unaware that there was surveillance footage in the lobby area of Lincoln School Pool, shamelessly lied to the investigating police officers about the facts and circumstances surrounding that evening, knowing that two boys died on their watch.”
The $100 million tort claim was filed in June 2022 and a lawsuit was filed in Hudson County Superior Court shortly thereafter, and in the mediation statement from June 5th, Zaslow argues that the facts of the case certainly merit punitive damages.
Bayonne officials confirmed that Jack Jiang, 16, and Chu Ming Zheng, 19, drowned at the Lincoln Community School pool on June 9th, 2022, as HCV first reported, with minimal details released.
Now, mediation of some of the defendants paints a very unflattering picture of what transpired that evening.
For example, Ashley Danback, a lifeguard who was on duty when the boys drowned, allegedly told Bayonne police officers that she was closely monitoring what was transpiring in the pool area, however, surveillance video contradicts that.
” … The entire interview Defendant Danback provided to the Detective consists of blatant and calculated misrepresentations of what actually happened, created by Defendant Danback in a shameless effort to absolve herself from any responsibility for the drowning deaths that occurred just two days prior,” Zaslow, a partner at Eichen Crutchlow Zaslow wrote.
“Quite notably, Defendant Danback admitted during her deposition she was unaware there was a surveillance camera in the lobby when she gave her interview to the police and believed she would get away with her atrocious lies.”
Zaslow continued that she knew only two lifeguards would be on duty that evening, despite school protocols calling for three to be working at all times, and did nothing to change that, claiming it was not part of her job responsibilities.
She also responded “no” to the question: “Do you believe people should tell the truth, especially when the truth pertains to the death of two young boys, even when not telling the truth may be in the person’s best interest?” during deposition testimony.
Danback is also accused of destroying her cell phone, despite the defendants receiving preservation letters.
“A malicious cover-up was fabricated by Defendant Danback. Instead of cooperating with the investigating police officers, she purposely and intentionally lied with every breath and word she spoke. Defendant Danback engaged in obstructionist behavior and then destroyed her cell phone knowing full well it would be evidence against her,” Zaslow asserts.
“As per this issue, Defendant Danback destroyed her phone despite the lifeguards being instructed by attorneys, investigators and/or representatives for the BBOE to preserve their phone and the preservation letters served on the BBOE by Counsel for the Plaintiffs.”
Additionally, another lifeguard named in the case, Corey Kettleman, is accused of providing testimony that indicated he was completely unclear of the series of events that led to the death of the two boys, as well as acting with no sense of urgency when lives were at stake.
“Defendant [Alex] Mariak testified that Defendant Kettleman was walking like he was out for a stroll to the office, with no urgency and that you would never be able to tell by the manner in which Defendant Kettleman was walking that two boys were at the bottom of the dive well. He further agreed that such conduct was egregious, negligent and contributed to the boys dying,” Zaslow wrote.
Kettleman also allegedly never blew his whistle, yelled for help, or got in the pool to provide assistance, despite seeing one of the victim’s spinning as they started to go underwater.
Furthermore, John Rickard, the administrator in charge, allegedly went against school policy by leaving the building while the pool was still open, not arriving again until the boys were already in the process of drowning.
“Likely in an effort to protect himself and his stepdaughter Defendant Danback, Defendant Rickard lied and misled the police detective when he too told the detective there were three lifeguards on the pool deck when asked about the number of lifeguards working the pool,” Zaslow told the court in the mediation statement.
Counsel for the plaintiffs filed a motion to amend the lawsuit based on the new information obtained through depositions on June 12th, which the court has not yet ruled on.
Bayonne school officials not return inquiries seeking comment on Monday.
