Pittsfield- On Wednesday, June 25th two individuals, Meghan Braley (7/22/1995) and Linda Whitacre (7/1/1957), were indicted on three criminal charges each in connection with the death of Giver Essien who was 12 years old at the time of her death. Both Ms. Braley and Ms. Whittaker were indicted on:
1. Involuntary Manslaughter – unlawful killing unintentionally caused by wanton and reckless conduct (felony)
2. Permitting serious bodily injury of a child (misdemeanor)
3. Reckless endangerment of a child (misdemeanor)
On July 17, 2024, Giver drowned while on a field trip with the Pittsfield Public School Herberg Middle School 21st Century summer program. Giver, along with her peers, went on a field trip to Beartown State Forest in Great Barrington. Activities that day included swimming in Benedict Pond. According to investigations, the field trip was running behind schedule. Originally, field trip organizers planned to have two small swimming groups of approximately 15 students each; however, when swimming began at 12: 45p.m all 35 children were allowed access to the water. A photo taken at 12:48 p.m. showed Giver in the water. At approximately 1:15pm swimmers began exiting the water. Between 1:30pm and 1:42 pm = students were loaded onto the bus. It is at this time it became evident that Giver was missing. A search followed which included emergency responders from Great Barrington and Monterey. At 1:58 p.m., Monterey Police Chief Fahey radioed that he observed Giver being pulled from the water. Giver drowned. She was 12 years old at the time of her death.
The investigation into Giver’s death was complex. It included interviews with students, chaperones, and Pittsfield Public School staff. The investigation also included extensive research into Massachusetts’s General Law surrounding summer programs and the requirements of water safety. This included Christian’s Law which outlines the requirements for safety procedures when programs bring children to freshwater or marine beaches.
District Attorney Shugrue held a press conference on Thursday, June 25th to announce the indictments. In the conference, he stated:
The investigation found that the reckless conduct of Pittsfield Public School’s 21st Century program coordinator Linda Whitacre and site supervisor Meghan Braley led to Giver’s death. They did not intend for this outcome, but their actions, or rather lack thereof, caused the incident.
Drowning is a leading cause of death for children. Massachusetts law Chapter 111, Section 127A ½ otherwise known as Christian’s Law and Department of Public Health regulations outline safety requirements for programs choosing to take children swimming in marine or freshwater areas. These include certified instructors, swim tests, personal floatation devices, group assignments based on swimming ability, and systems to identify non-swimmers.
Christians Law was not followed leading up to the trip to Beartown State Forest. While a permission slip did exist, it did nothing else to identify any type of safety plan in place for swimming. 21st Century staff were not provided with orientation plans for swimming activities at the pond. No swim tests were administered prior to the trip nor on the day of the trip. A permit pulled for the use of the state forest stated 25 students- over 35 attended the trip. While a lifeguard was present, the site-supervisor allowed more children to enter the water than originally identified to the lifeguard. Originally, only about 15 students were going to swim at one time in two separate groups. Instead, the site-supervisor allowed all 35 students to access the water as the trip schedule was running behind. 35 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 consistent 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 children’s whereabouts in the water was unclear, and 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 readily available to staff.
Further, the investigation found that at least three children reported to Ms. Braley that Giver was unable to swim and had gone under the water. These warnings were ignored. Giver was not identified as missing until after the students had already boarded the bus. Only then did an extensive search begin — initially limited to the dressing rooms and bathrooms. A call was made to Giver’s father to check if she had returned to Pittsfield.
As I previously stated, it is not believed that Ms. Whitacre or Ms. Braley intended harm to any child on the trip. However, with the role of administrator comes a profound duty of care. 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.
On June 18, 2024, I stood with city officials to address water safety. Less than one month later, this tragedy occurred. It could have been prevented. Giver should still be alive.
As summer begins, I have received reports of unsafe conditions at local lakes and pools — large groups of children in water with little supervision. I urge all caregivers, camp counselors, and recreational programs to understand the risks. Even strong swimmers must be watched. Drowning is silent and happens quickly. Watch your children. Protect the children in your care.
Meghan Braley will be arraigned at Berkshire District Court in early August. Linda Whitacre’s arraignment has not been scheduled at this time.