A prosecutor in North Carolina declared on Wednesday that involuntary manslaughter charges will not be pursued following the tragic death of a 12-year-old at a nature therapy camp. The boy, identified as Clark Harman, passed away in February, and District Attorney Andrew Murray stated that the circumstances did not meet the necessary legal criteria for such charges.
Murray explained in a statement that while the boy had expressed distress about sleeping in a confined space known as a bivy, the counselors did not perceive him to be in serious medical trouble until attempts were made to wake him. No reports of distress were made by the counselors or the other campers present in the cabin, he added.
“The law requires us to meet a high threshold when considering charges of involuntary manslaughter,” Murray continued. “Although we are very sorrowful about this tragedy, we must adhere to the law and make choices based on the evidence and the legal standard of proof that is required.”
An autopsy conducted in June concluded that text of the boy’s death was caused by asphyxia, stemming from breathing difficulties while inside the tent-like bivy. The report unveiled details regarding the condition of the camping enclosure, which ultimately contributed to the tragic event.
According to the autopsy findings, Harman had a background of anxiety, attention deficit hyperactivity disorder (ADHD), and migraines. He was brought into the Trails Carolina wilderness therapy program at the request of his family and sadly passed away less than a day after his arrival.
A counselor noted during the investigation led by the Transylvania County Sheriff’s Office that Harman had refused dinner and exhibited “loud and irate” behavior before settling down to have snacks later in the evening. The counselor also reported that the boy experienced a panic attack around midnight and was checked on multiple times until he was discovered cold and stiff at 7:45 a.m.
At the time of discovery, it was noted that his body was positioned away from the entrance of the bivy, with his feet near the opening, raising concerns about the waterproof material potentially obstructing his face, according to the autopsy report.
Trails Carolina released a statement in February expressing their condolences to the family and reinforcing that they believe the death to be accidental. However, the organization did not provide immediate comments in response to the prosecutor’s latest announcement.
Following the incident, the North Carolina Department of Health and Human Services announced two weeks later that they were removing all children from the program for a two-month period to ensure their safety. Subsequently, the department revoked the license of the program, citing multiple deficiencies, and the property where Trails Carolina was operating is now on the market.