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Family of boy who drowned to use settlement money to start nonprofit promoting water safety

DJ McCutcheon, 13, was underwater for five to six minutes before he was airlifted to Mary Bridge Children's Hospital.
Credit: KING

STEILACOOM, Wash. — The town of Steilacoom reached a $15 million settlement with the family of a boy who drowned at a summer camp in 2022.

Darrell McCutcheon, Sr. and Tamicia Dont’e McCutcheon filed a wrongful death claim against the town in February 2023, nearly seven months after their son drowned. They alleged the town was negligent in his death. 

Micah LeBank, one of the attorneys who represented the McCutcheons, said the family brought the case to get justice for their son. Though the family said they would prefer to have their son back, LeBank said this amount is seen as justice and is reflective of the culpability of the defendants. 

The parties reached a settlement agreement April 30, according to court documents filed in Pierce County Superior Court. A formal dismissal is expected to be filed once the settlement funds are received.

Darrell “DJ” McCutcheon, Jr., 13, was enrolled in a summer camp program through Steilacoom’s community center when he died. A town recreation aide dropped off a group of campers at Lowell Johnson Park on Anderson Island on July 15, 2022 to go swimming in Florence Lake.

The aide went back to the ferry to transport another group of children, leaving DJ and the others unsupervised, according to the complaint. The children weren’t given a swim test or life jackets, attorneys said.

DJ got into the water with the other children and tried to swim to a platform that was about 30 to 40 feet from the shore.

“It was readily apparent to those on the shore that he was not able to swim, and he began to bob up and down in the water,” attorneys for the McCutcheons wrote in the complaint.

Attorneys said DJ asked for help before he stopped moving and went underwater.

The boy was under water for five to six minutes before he was brought to the surface and given CPR. He was taken to Mary Bridge Children's Hospital in Tacoma where he died.

Attorneys for the McCutcheons argued the town failed to train and supervise employees in proper water safety and failed to protect campers from the risks of swimming in open water, leading to DJ’s death.

Since DJ's death, the McCutcheons have moved back to the Midwest to be closer to family, according to LeBank. However, they hope something like this never happens again and plan to use some of the funds to start a nonprofit promoting aquatic safety.

Steilacoom Town Administrator Tom Loveless said he couldn't comment on the case as the final dismissal paperwork has not yet been entered and the case is still ongoing. Loveless said Steilacoom has a policy of not commenting on ongoing litigation. 

    

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