The Boathouse and Field Club, a private, members-only club in Katama, pleaded guilty before a superior court judge last Friday to involuntary corporate manslaughter, taking criminal responsibility for the drowning death of a three-year-old boy last summer in the club’s pool.
The Boathouse and Field Club, a private, members-only club in Katama, pleaded guilty before a superior court judge last Friday to involuntary corporate manslaughter, taking criminal responsibility for the drowning death of a three-year-old boy last summer in the club’s pool.
Field Club general manager Scott Anderson (left) with club attorney David Apfel.
Field Club general manager Scott Anderson (left) with club attorney David Apfel.
Henry Bowman Backer, age three and a half, was attending the club’s Kids Club program on the morning of July 26, 2021, when he was left unattended in the pool by counselors, according to an agreed-upon statement of facts presented by the Cape and Islands district attorney in the Edgartown courthouse Friday. Henry was found unresponsive in the pool and was airlifted to a Boston hospital, where he was later pronounced dead. The cause of death was drowning.
“There is no sentence that can be imposed that can justify what has happened,” declared the Hon. Mark Gildea, an associate justice of the superior court who presided over the day of wrenching testimony. The unusual court proceeding also marked the first time since the incident that the facts had been reported in the case.
As a result of the plea, The Field Club will be placed on probation for five years, with terms that include a $100,000 payment to Henry Bowman’s parents, who plan to donate the money to the Red Cross for lifeguard training on the Cape and Islands. The club will also be barred from running a camp or program involving water activities for children under the age of six for five years. Other terms include a non-disparagement clause and restriction on any transfer or sale of the club.
On Monday, there was further activity in the case. Cape and Islands district attorney Michael O’Keefe confirmed that an email sent by the Field Club to its members shortly after the court proceeding Friday had triggered a fresh complaint about a possible probation violation.
Field Club directors in the courtroom.
Field Club directors in the courtroom.
Obtained by the Gazette, the email said in part: “We agreed to plead to this charge in part because our own investigation as well as an investigation conducted by the Cape and Islands district attorney’s office revealed flaws in club procedures related to the Kids’ Club, as well as serious errors by some of our summer staff.”
The email also disclosed that an out-of-court settlement had been made to the Bowman Backer family. “In conjunction with the plea, we have also reached a comprehensive and permanent settlement with Henry’s family . . . This settlement will, hopefully, help Henry’s family as it attempts to heal from this horrific loss, while also doing honor to Henry’s life and memory. As part of the settlement, with the family, no individual associated with the club will face liability related to the tragedy,” the email said. The amount of the settlement was not specified.
Mr. O’Keefe said the complaint and the email had been referred to the court.
“It’s up to the court to decide whether, specifically the probation department, to make a decision as to whether or not they consider that a potential violation of probation. And so that’s a court decision,” Mr. O’Keefe said.
If it is determined that there is a probation violation, a hearing will be held before a judge, Mr. O’Keefe said.
On Thursday a spokesman for Mr. O’Keefe said the matter remains under review by the probation department and the court.
David Meier, attorney for the Bowman Backer family.
David Meier, attorney for the Bowman Backer family.
Though the drowning was reported at the time, few details were available because the police report and other investigative materials were impounded.
The agreed-upon statement of facts presented in court Friday was the first public description of what took place, And on Monday, additional court documents were released that provided more details not included in the agreed-upon statement. A 37-page search warrant released by the district court, with names redacted, includes exhaustive interviews by state police investigators with numerous people who were on hand at the time of the incident, including counselors, lifeguards and the club recreation director who was in charge of children’s programming. Police also learned through their investigation that the club had been cited on two previous occasions by the Edgartown board of health for safety violations around the free-form family pool. The “violations indicate that a swimmer/non swimmer float line were noted as absent at the pre-opening inspection in 2017 and 2021,” police wrote in part. “. . . this specific violation has been an ongoing issue with the Field Club free form pool.”
Information about the violations was not included in the agreed-on statement of facts.
The court proceeding Friday began in the district court, where the clerk-magistrate found probable cause for involuntary manslaughter against a corporation. Though the charge is seldom used, it is employed where no individuals are singled out for responsibility. Facts in an affidavit which came from state police and the Department of Children and Safety found that Henry had been neglected by the counselors and lifeguards at the club, though none were identified by name.
The case then moved swiftly to a special sitting of the superior court, where first assistant district attorney Mike Trudeau and a colleague presented expanded facts and details surrounding the incident that day.
Reading from the joint statement of facts, the district attorney said that Henry was dropped off at camp by his mother, who brought floatation devices which she clipped to his tote as directed by staff. He was not wearing his floaties when he went into the pool with other children. At one point, a counselor who was with the children left the pool with two girls to get goggles without alerting any of the other counselors.
“The counselors were not assigned to watch a specific child. Each counselor was responsible for watching all the children. Not all counselors were trained in first aid or CPR. The counselors were not all adequately trained to supervise 3-5 year old children in water activities,” according to the joint statement.
Henry Bowman Backer, pictured in family video shown as victim statement.
Henry Bowman Backer, pictured in family video shown as victim statement.
Questioned later by state police, the counselor said it was Henry’s responsibility to put on his floaties.
The statement indicated that while counselors had warned the children not to cross a white line demarcating the deep end of the pool, it was not being monitored at the time.
Standing for The Field Club, a private corporation, were general manager Scott Anderson and the club attorney David Apfel, a partner with Goodwin Procter in Boston. A large gathering of club directors were also present in the courtroom.
Mr. Anderson waived the right to an indictment and entered a plea of guilty to involuntary manslaughter on behalf of the club.
After answering all the legally required questions from Judge Gildea in connection with waiving the right to an indictment, Mr. Anderson told the judge:
“We had a responsibility to return Henry back to his mother, father and grandparents . . . and we failed on every level, your honor.”
The Bowman Backer family was not present but was represented by their attorney David Meier, a partner with Todd and Weld. A wrenching video prepared by the family was shown as a victim statement.
“This was not a tragic accident . . . our son was killed by the Field Club in the summer of 2021 .. . it was a crime, and the Field Club became a crime scene,” Ellie Bowman Backer said in part in the video. “I thank the state police for uncovering this.”
After the video, Judge Gildea asked everyone in the courtroom to stand for a moment of silence in honor of Henry.
The Boathouse and Field Club was built as a private recreational club in 2008. Addressing club directors sitting in the courtroom, Judge Gildea struck a somber tone.
“I didn’t know anything about the Field Club before this case,” the judge said, noting he had looked up the club’s mission statement.
“It touts exceptional and unparalleled service to its members. That didn’t happen in July 2021.”
Diego Lasarte contributed reporting.
Comments
wow 100k for a dead boys
Dean Charettewow 100k for a dead boys future. God bless the forgiving parents. they will be destroyed for life after this incident
What a sad and unnecessary
John Aldeborgh KatamaWhat a sad and unnecessary tragedy. No words can adequately express how deeply I feel for the parents with the loss they have suffered, my heart goes out to them.
A private corporation who
Amy Cody ChilmarkA private corporation who puts the bottom line in front of innocent children’s lives. Expecting a 3 year old to put his own floaties on?! To not cross a line in the pool that’s too deep?! $100,000 for an innocent life? Are you kidding? I call on every person who is a member of The Field Club to cancel their membership in protest.
What an unspeakable tragedy.
Allison Ronaldo Edg.What an unspeakable tragedy. How can anyone go there and enjoy themselves with this devastating tragedy looming over the place, much less continue to patronize and support this operation.
What a terrible tragedy. My
Andrew Alger Nice, FranceWhat a terrible tragedy. My heart goes out to the family. Henry, I am sure, was a sweet little boy. God takes the best of us home early.
100k and no one who was to
Andrew T BostonOnly 100k and no one who was to blame for incompetence bearing on the horrific named? They got off cheap and they know it.
How sad + heartbreaking for
CoCo O Boston/EdgHow sad + heartbreaking for that family of the little boy. No amount of money changes what happened but the Field Club got off with a slap in the wrist with that judgement.
So their kids summer camps programs are on hold...big deal. The hefty membership fee they charge will balance that all out. I hope every member there takes a long hard look at their investment.
First time I heard of this
Ray Drop EdgartownFirst time I heard of this tragedy
Was this tragedy reported to the general public by the local media
Did I miss it
Gross negligence
My heart goes out to the parents
M
Yes, it was reported in the
Wendy FalmouthYes, it was reported in the papers.
There is a YMCA here on the
Christine SengeThere is a YMCA here on the Vineyard, and all children must pass a Swim Test to use the Y's pool. From their website:
"Our swim test is to ensure the safety of our swimmers by observing their ability to swim and self-rescue... Swim tests are administered by a LIFEGUARD. Any child who does not complete a swim test MUST BE ACCOMPANIED BY AN ADULT whom is in the water and WITHIN ARM'S REACH AT ALL TIMES."
The Boathouse and Field Club needs to follow the policies of the Vineyard Y. The state needs to take action to enforce such policies in private clubs.
Anyone want to go ahead and
Wendy VHAnyone want to go ahead and explain what five years of probation looks like for a cooperation?
This is nothing but a slap on the wrist for the Boathouse, where initiation fees are known to be more than the pay out awarded to this family.
There’s no amount of money that would replace a child, I’m sure the young boy’s family knows that and weren’t after a payout. But the town and state shouldn’t have let this slide. Shame on the district attorney.
A note to the members: you should not condone the actions of a negligent organization; what are you going to do about your membership? Are you going to continue supporting this place that cares so little about your children? About you?
How about the lives of the camp counselors? Underaged and I’m prepared for the job the club hired them to do. Their lives are forever changed by that day.
Of course a teenager is unaware that a three year old can’t remember his floaters…. This is why teenagers aren’t responsible for themselves until they turn 18 years of age. It’s a known fact that those counselors were children themselves.
Tear the place down and build a park to honor the life of this child this club failed so miserably.
My heart breaks for that
M West TisburyMy heart breaks for that small, beautiful boy and his family.
I've never encountered child minders so careless and poorly trained, and do not even know what to say about that.
Finally, it interests me how little coverage of this tragedy there has been in our local papers.
As an Island parent of a
Heather MVAs a
parent of a child about the same age as sweet Henry, I would like to express my deepest condolences. There are no words that could possibly be comforting enough for his family, and I keep his soul on my mind quite frequently. I would like to recognize and thank them for the strength it must have taken to create their victim impact statement in video form. How to summarize or condense into this format the life and love of your child, and express the impact of your loss... It's unfathomable. Thank you for the gift of sharing a small piece of your heart and pain. In doing so, you may have protected others- something you owe no one, a choice you never should have been in the position to make. I mourn in unity with you, my pain as a fellow parent a shadow of your own. I wish you moments of peace between the pain and memories filled with light.
Should be more like $5
Mark Acker VHShould be more like $5 million, not $100,000. That would be a more just settlement, and a great benefit to Island charities. So sorry to this family.
As an aquatic professional in
gabriel fonseca DallasAs an aquatic professional in the field for over 50 years. Wow. This club failed in ever level. Inadequate training, No protocols, allowing the use of no lifesaving devises for swim aids. Pool not properly marked as most city ans states require for depth, lifeguards apparently not placed properly, lack of a comprehensive risk management plan that addresses pool some coverage, counselors not trained inCOR and basic water safety. $ 100,000? That’s a joke. That family should own that facility. Turn it into an aquatic safety school in Henry’s name No jail time ? If it was wanton then yes. Jail time. I know we say it much too often. But prayers to all involved.
As a seasonal guest on the
Cathy R KatamaAs a seasonal guest on the island many a day I would drive by the gates of the Field Club with a whistful sigh wishing to have the privilege of belonging to an exclusive enclave of luxury. How silly and stupid do I feel now?? My heart goes out to that family for their horrific loss. May they know that collectively this community is grieving with them and are forever changed by this too.
Nothing short of the total
NC MVNothing short of the total liquidation of the field club and all its assets would be appropriate. If it had been my child they killed I certainly would have made sure the club ceased to exist.
Such gross negligence at all
VSSuch gross negligence at all levels of the Boathouse is shameful and sickening. This was no accident; it was 100% avoidable. My heart aches for Henry's parents, family, and friends. I don't know how anyone could continue their membership with such a mismanaged and irresponsible organization. And I don't know how any member could in good conscience swim in that pool again.
Isn't the initial membership
RT Vineyard HavenIsn't the initial membership fee at the Field Club $100,000? It cost them the initial membership fee on a single member of the club.
This fig-leaf “sentence is
Douglas West ChilmarkThis fig-leaf “sentence is yet another example of the disparities that exist within our criminal justice system. The club should have made to answer the criminal charge with its very existence. How nice that the club was able to reassure its members that they will not be held accountable.
What an awful tragedy for
Anne EdgartownWhat an awful tragedy for everyone. Thankful the family was compassionate enough to not single out the counselors who witnessed this first hand. They will live with this for the rest of their lives.
It goes to show you money cannot buy you everything!
100k for the boys life SHAME
Sam issoksin V h100k for the boys life SHAME on that
1 Billion is how much the parents should recieve. And that still wouldn’t be enough
There is not enough price on a humans life.
What is he grew up to be the best President
And save the world from a war or even save everyone in the island from a hurricane.
SHAME on the island with all the rich jerks and being so greedy
Name a major street or change the name Katama to the boys name so he will always be remembered
Just despicable! How is this
Laurie NYCJust despicable! How is this club allowed to stay open? How can the members swim in that pool knowing the awful crime/tragedy that took the life of this precious child! $100K, the cost of a membership, just despicable! My deepest, heartfelt condolences to the family. As a mom to a son, my heart breaks for you! I will keep you all in my thoughts and prayers.
Words can’t describe the
Rosalia Souza FloridaWords can’t describe the feeling I have for the loss of your son Henry. For a young life to have ended so quickly and tragically is unforgiving.
We can never replace the love of a child but with the passing of time may the pain change into only happy and beautiful thoughts of your beloved son.
“ In the English and Brazilian languages there are orphans and widows, but there is no word for the parents who lose a child.”
Be strong S+E, embrace each other.
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