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Berkshire County District Attorney Timothy Shugrue discusses the involuntary manslaughter charges brought against two educators with the Pittsfield Public Schools' 21st Century program in the drowning death of 12-year-old EarlGiver Essien.
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Shugrue leads a press conference at his office on Thursday.

Two Educators Charged in 2024 Drowning of Herberg Student

By Brittany PolitoiBerkshires Staff
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EarlGiver Essien died 10 days before her 13th birthday during a school-sponsored field trip last year.

PITTSFIELD, Mass. — Two educators have been charged with "preventable and reckless oversights" that preceded the drowning of a Pittsfield Public School student last summer. 

On July 17, 2024, 12-year-old EarlGiver Essien was unaccounted for 70 minutes while on a field trip with Herberg Middle School's 21st Century Program to Beartown State Forest. Despite alarms raised by peers, she was not identified as missing until the group boarded the bus to leave, and was then found deceased when a teacher grid-searched the lake. 

Meghan Braley, 29, and Linda Whitacre, 67, were charged Wednesday with involuntary manslaughter, permitting serious bodily injury of a child, and reckless endangerment of a child after an investigation revealed lapses in supervision and safety protocols. According to their LinkedIn pages, both worked for the district. 

"They may not have intended this outcome, but their actions, or rather lack thereof, caused this incident," District Attorney Timothy Shugrue said during a press conference on Thursday. 

This included a lack of swim tests, having a larger group than was reported to the lifeguard, no roll call or buddy system, no flotation devices, and reports of Essien going underwater that were allegedly ignored. Her parents had also indicated that she could not swim. 

At the time of the incident, Whitacre was a program coordinator and Braley was a program site supervisor. 

"If these rules and procedures were followed, this child would not be dead today. There's just no question in my mind," Shugrue asserted. 

"Because she wouldn't have been in the water without supervision. She would have a buddy system. She wouldn't have been unaccounted for. We would have known where she was in the water, and even if she had gone under, you could have momentarily gotten her out of the water, but when you're in the water that long, it's unforgiving." 

Activities for that day included swimming at Benedict Pond. According to the investigation, the trip was running behind schedule, so the plan for two swimming groups of about 15 students each was scrapped. Around 12:45 p.m., all 35 children were allowed in the water. A photo was taken of Essien in the water at 12:48 p.m. — the last photo that she would ever be in. 

Students were loaded onto the bus between 1:30 p.m. and 1:42 p.m., where it became evident that she was missing. 

"The last time she was seen was 12:48, so there was a period of time for 70 minutes that this child was unaccounted for," Shugrue said. 

"And we don't know what time she get out of the water, but we know kids started leaving the water 1:07 and we're out of the water by 1:15. She was not reported missing until sometime between 1:30 and 1:42 and there was no calls made to 911, except for a local lawyer, Ira Kaplan, who happened to be there with family, called that at [1:47], and a child next to a teacher called at 1:46." 

The investigation found that Essien was not identified as missing until after students had already boarded the bus. Then an "extensive" search began, initially, just limited to the dressing rooms, the bathrooms, and the outside areas of the pond, and a call was made to Essien's father to see if she returned to Pittsfield, "which was ludicrous," the DA said. 

He emphasized the lack of compliance with Christian's Law , which ensures all minors in municipal and recreational programs or camps must be swim tested and provided with a personal flotation device if they are determined to be a non-swimmer or an at-risk swimmer. The law was enacted in 2012 following the drowning death of 4-year-old Christian E. Frechette of Sturbridge.

He said Whitacre, who had been cooperative in the investigation, indicated that she had no idea about the law. Braley, he said, has not been cooperative and is reportedly no longer in the area. 

Shugrue said Essien's parents indicated that she could not swim. 

"Christian's Law was not followed leading up to this trip to Beartown State Forest. While a permission slip form did exist, it did not mention swimming, and did nothing else to identify any type of safety plan in place. 21st Century staff were not provided with orientation plans for swimming activities at the pond. No swimming tests were administered prior to the trip nor on the day of the trip," he said. 


"A permit pulled for the use of the state forest stated that 25 students would attend. Over 35 students attended the trip. While the lifeguard was present, the site supervisor allowed more children to enter the water than originally identified to the lifeguard. Originally, only 15 students were going to go swimming at one time, and two separate groups at two separate times. Instead, the site supervisor allowed all 35 students to access the water as the trip schedule was running behind. Thirty-five students in the water would require two lifeguards. ...

"The investigation revealed lapses in supervision and safety protocols during the trip. Although students were grouped initially, they frequently moved between groups without constant oversight. There was no roll call system in place to ensure children were accounted for while in the water, nor was there a buddy system or any other swim safety mechanism implemented. Accountability for the children's whereabouts in the water was unclear, if available at all. No list was maintained to identify who was swimming at any given time. Swimmers' abilities were not tested. Alarmingly, children who could not swim were allowed into the water, and life jackets or flotation devices were not available to staff, nor to the children. Giver could not swim."

The investigation further found that at least three children reported to Braley that Essien was struggling and had gone underwater, and "those warnings were ignored," said Shugrue. The student was reportedly waving her arms before she went under. 

"It's not believed that [Whitacre] or [Braley] intended to harm any child on the trip, however, with being the role of administrator comes a profound duty of care," Shugrue said. 

"Parents entrust summer programs with their children under the belief that these experiences will be safe and enriching. That trust carries immense responsibility. In this case, a series of preventable and reckless oversights directly contributed to the unintentional death of a child, of Giver." 

Around the time of the 911 calls, Herberg teacher Jennifer Roccabruna swam the lake in a grid pattern until she located Essien in the water, and first responders worked for "well over a half hour" trying to revive her. 

"I can tell you this. I have seen her on social media. She's doing a lot for public safety for water this summer. I commend what she's doing. I am sure this has affected her greatly. I feel bad for her," Shugrue said about Roccabruna. 

"She was doing the fishing part of the event. She wasn't part of that, but when it was learned that the child was in the water, she went right to action, and she swam for — the child was found, I think it's 1:58, so probably a good 10 minutes or so that she was swimming that grid." 

Essien was found underwater, and she is believed to have been there for about 50 minutes.

Her parents are reportedly on board with the prosecution but know it won't bring their child back. 

"They are very forgiving people, but they've lost their daughter, and they just want to make sure this doesn't happen again," Shugrue explained. 

"That's the biggest message they're saying, is that, and that's what we want to see, that this never, ever occurs again." 

On June 18, 2024, the DA stood with city officials to address water safety at Onota Lake's Burbank Park. Less than one month later, the tragedy occurred. 

"It could have been prevented. Giver should still be alive. This death should not have happened," he said. 

"As summer begins, I've already received reports of unsafe conditions at local lakes and pools, large groups of children in the water with little supervision. I urge all caregivers and programs to understand the risk. Even strong swimmers must be watched. Drowning is silent, and it happens quickly. Watch your children, protect your children in your care." 


Tags: drowning,   manslaughter,   Pittsfield Public Schools,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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