JENSEN BEACH, Fla. — The State Attorney's Office will not be filing charges in what it calls a heartbreaking tragedy.
Two children, Zale Dudas, 9, and her 7-year-old brother Saxon Nairne, drowned in a Jensen Beach swimming pool last year.
Their father, according to investigators, accidentally handed the children a tank filled with only helium to dive into a swimming pool.
The tank had no oxygen, causing them to lose consciousness in the water.
The father of the children and the homeowner were not watching the children while they were in the pool with the tank, according to investigators.
But the state attorney said after an extensive review of the evidence, it could not in good faith seek criminal charges.
An uncle of the children, Chuck Dudas, said he and other family members want the case to be reopened.
"How'd the children end up unsupervised in a swimming pool with a scuba tank that wasn't even filled with air. That to me isn't just a happenstance circumstance," Dudas said. "It was a series of choices and decisions that were made by the responsible adults that directly led to the children dying."
WPTV has reached out to the father for comment and is awaiting a response.
Family and friends have been sending letters to the state attorney's office.
The Martin County Sheriff's Office also said it did a thorough investigation, spoke to all parties involved and at this point would also not see a reason to reopen the case.
The State Attorney's Office released the following statement:
I can confirm that our office has conducted an exhaustive review of the Sheriff’s comprehensive investigation along with additional information and materials provided by the mother of Zale and Saxon. After significant legal research conducted by my Chief Assistant and one of my major crime prosecutors, it was determined that the State could not, in good faith, seek criminal charges in this heartbreakingly tragic event. Stated quite simply, the law and the facts prohibit a criminal prosecution in this instance. These findings and conclusions were communicated to the Martin County Sheriff’s Office and they have concurred with our decision.
At an extensive in person meeting, our findings and conclusions were communicated to the children’s mother as well as her civil attorneys. During this meeting, my assistants answered questions and addressed concerns of the attorneys. Our hearts go out to all those who loved Zale and Saxon and while we completely understand their desire that someone be “held accountable,” unfortunately that accountability cannot be found within the criminal justice system.
Thomas Bakkedahl
State Attorney
Nineteenth Judicial Circuit
