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No involuntary manslaughter charges in boy’s death at nature therapy camp
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No involuntary manslaughter charges in boy’s death at nature therapy camp

LAKE TOXAWAY, NC — A North Carolina prosecutor announced Wednesday that he will not pursue involuntary manslaughter charges in the death of a 12-year-old boy at a nature therapy camp.

Clark Harman’s death in February was tragic but did not involve sufficient criminal intent or recklessness to warrant involuntary manslaughter charges, District Attorney Andrew Murray said in a statement.

The counselors stationed at the cabin that night understood that Harman was agitated at being asked to sleep in a small camping enclosure called a bivy, but did not believe he was suffering from any medical condition until they tried to wake him up, a Murray said. Neither the counselors nor the other children in the cabin said they heard Harman in distress, Murray said.

“The law requires us to reach a high bar when considering charges of involuntary manslaughter,” Murray said. “While we are deeply saddened by this tragedy, we must follow the law and make decisions based on evidence and our legal standard of proof beyond a reasonable doubt.”

An autopsy released in June found the boy died from an inability to breathe in the mostly plastic tent structure he was sleeping in. The report from the North Carolina chief medical examiner’s office focused on the damaged bivy and determined that the boy died of asphyxiation.

The boy had a history of anxiety, attention deficit hyperactivity disorder and migraines, according to the autopsy report. He was brought from his home in New York to the Trails Carolina program at the request of his family. He died less than 24 hours after arriving.

A deputy told Transylvania County Sheriff’s detectives that the boy refused to eat dinner and was “gross and angry” but later calmed down and ate snacks, according to an affidavit filed with a search warrant that was released in February. The counselor said the boy had a panic attack around midnight and was checked on at 3 and 6 a.m., the affidavit said. He was stiff and cold to the touch when he was found dead at 7:45 am

When the boy was found dead, his body was turned away from the entrance and his legs were close to the opening, which meant the waterproof material of the camping enclosure could fall on his face, the autopsy report said.

In a February news release, Trails Carolina said it was saddened by the boy’s family and that “everything points to an accidental death.” Trails Carolina did not immediately comment when contacted about the prosecutor’s announcement Wednesday.

Two weeks after the boy’s death, the North Carolina Department of Health and Human Services said it was removing all children from the program’s care for two months “to ensure the health and safety of the children.” The department later revoked the program’s license, citing several deficiencies, and the owner of the property where Trails Carolina operated put it up for sale, The Charlotte Observer reported.