Administrative Agency: Hardee Co Sheriff Office Incident #: 202100032037 _Case_Nr: 302021020963
Report No. 1 Entered: 12/22/2021 14:13 By Officer: 00000603 Ward, Shane Det.
Subject: Supplement
Detective Shane Ward
Supplement
Wednesday, December 22, 2021
I responded to the incident location, a dwelling property, in reference to a child drowning
incident.
EMS was on scene tending to the victim on my arrival. The homeowners Nun Ney Nix was
outside and he told me his wife Tracey Nix was inside changing clothes.
I determined the following scrics of events based on statements made to me by the Nix’s and
‘The victim was being supervised by his grandparents Mr. and Mrs. Nix at their home. No one
was else was at the home. There is a large pond that is stocked with ducks located on the west
side of their property within feet of their home.
Mr. Nix was rocking the victim in a recliner in the living room. His wife was on an adjacent sofa.
Mr. Nix stated he left the victim sleeping in the recliner and left his wife, who he said was
awake, to go to Wal-Mart and run some errands.
Mrs. Nix corroborated this, but told me that she drifted off to sleep and was not awake when her
husband left.
At some point, Mrs. Nix awoke and couldn’t find the victim. She told me the garage entrance
door was ajar. She searched outside for the victim and drove her vehicle to the end of the
driveway and looked down EEE At some point, she called her husband and informed
him she couldn’t find the victim. She said as she turned around to drive back to the residence,
she saw the vietim face down in the pond.
She drove over to him and pulled him out of the water and started CPR that she had been trained
on from working for the school system. She did not call 9-1-1
‘A neighbor, MEI, heard her screaming and told me he saw Mrs. Nix giving CPR tothe
victim on the ground. He said her vehicle was parked along the fence in the front yard, consistent
with her statements to me, He never saw the victim in the water nor did he see Mrs. Nix pull the
victim from the water.
I £1 sisted when he returned to
the yard, Mr. Nix had arrived and joined Mrs. Nix in performing CPR.
Mr. Nix consented for me to enter his home. He showed me the living room layout and described
where everyone had been seated.Administrative Agency: Hardee Co Sheriff Office Incident i: 202100032037 Case_Nr: 302021020963
Report No. 1 Entered: 12/22/2021 14:13 By Officer: 00000603 Ward, Shane Det.
Subject: Supplement
He confirmed that he used the garage door to leave the home. I advised him that his wife stated
she found the door ajar and he shook his head and said he closed the door.
Lasked Mr. Nix how much time had elapsed from when he left for Wal-Mart and when he
received a call from his wife - 15, 20, 25 minutes? He said it could have been up to an hour.
I measured the distance from the floor to the door handle as 35-inches. The handle was a pull
handle and not a knob style fixture which could be easily opened by the victim if they could
reach it to pull down on it.
Lasked Mr. Nix if they had any issues with the victim opening doors before and he indicated
interior doors.
I was informed the victim was airlifted to TGH with a faint pulse.
Both parents were called by Mr. Nix and responded to the scene prior to the victim being
transported.
I checked the CAD system and found no prior incidents involving child abuse or neglect.
At this time, the incident appears to be a tragic accident involving non-criminal negligence.
In order to establish the elements of child neglect, the defendant must expose the victim to
personal injury through “culpable negligence.”
According to F.S.S. 784.05 and Florida Standard Jury Instructions, culpable negligence is more
than mere negligenc
Each of us has a duty to act reasonably toward others. If there is a violation of that duty,
without any conscious intention to harm, that violation is negligence. But culpable
negligence is more than a failure to use ordinary care for others, In order for negligence
10 be culpable, it must be gross and flagrant, Culpable negligence is a course of conduct
showing reckless disregard for human life, or for the safety of persons exposed to its
dangerous effects, or such an entire want of care as to raise a presumption of a conscious
indifference to consequences, or which shows wantonness or recklessness, or a grossly
careless disregard for the safety and welfare of the public, or shows such an indifference
10 the rights of others as is equivalent 10 an intentional violation of such rights.
End of report.‘Administrative Agency: Hardee Co Sheriff Office Incident f: 202100032037 Case_Nr: 302021020963
Report No, 3 Entered: 12/23/2021 21:31 By Officer: 00000603 Ward, Shane Det.
Subject: Supplement
Detective Shane Ward
Supplement
Thursday, December 23, 2021
I spoke with TGH PCU Unit Dr. Osamani 813-844-7134 and DCF CPI Duane Gardner by phone
at about 2030 hours regarding the victim status.
The victim would be examined by the medical examiner and records could be obtained by
calling the investigative division at 813-914-4567.
Friday, December 24, 2021
I received the following email from Lt. D. Drake:
Begin forwarded message:
From: [email protected]
Date: December 23, 2021 at 11:17:59 PM EST
To: Nwoody
Co: Tsouther
Subject: 21-20963
Hello guys,
‘This information is only to inform you that I spoke to Dr. Anton Rajah from Tampa
neral Hospital. Dr. Rajah advised that the infant
‘Thank you,
Zuniga‘Administrative Agency: Hardee Co Sheriff Office Incident #: 202100032037 Case_Nr: 302021020963
Report No. $ Entered: 12/29/2021 08:32 By Officer: 00001407 Trammell, Johnny Det.
‘Subject: Supplement
302021020963
Detective Trammell
12/22/2021
Supplement
On the above date I responded to Liardee County, Florida to
assist with this incident. Upon arrival I activated my emergency lights and parked
my patrol vehicle a front of the residence. I directed traffic on
around the helicopter landing zone
While directing traffic a white SUV arrived. A female subject exited the SUV and
verbally stated she was involved in a traffic crash believed to be at
intersection. The subject verbally stated she left the traffic crash
to come check on her child at this location. I directed the subject to the residence,
I forwarded the traffic crash information to dispatch. Dispatch advised they are
aware ofthe taffie crash. I then responded (oA n:crsection.
Upon arrival I observed two wrecked vehicles at the intersection. Deputies were
already on scene providing aid to subjects involved in the crash.
I parked my patrol vehicle in the intersection and directed traffic around the crash
site. I provided dispatch with the tag numbers for both of the wrecked vehicles.
Hardee County Fire Rescue arrived shortly after my arrival. I continued to direct
traffic in the intersection until Fire Rescue cleared the scene.
Thad no further involvement in the case.‘Administrative Agency: Hardee Co Sheriff Office Incident #: 202100032037 Case Nr: 302021020963
Report No. 6 Entered: 12/29/2021 09:32. By Officer: 00009911 Hart, Lyle Det.
‘Subject: supplement Hart
Det L. A. Hart 310
302021020963< supplement
Date: 12/29/21
On the above date I spoke with Blake from the Tampa Medical Examiner’s office
(813) 914-4567. Blake is going to Email me a copy of the initial ME report.
asked Blake if the Dr was able to measure the reach of the child, Blake stated that there was not
a separate note for that but did take my name and number down to have the Dr. call me back.
No further information.‘Administrative Agency: Hardee Co Sheriff Office Incident #: 202100032037 Case_Nr 302021020963
Report No. 8 Entered: 12/30/2021 13:45 By Officer: 00009911 Har, Lyle Det.
Subject: supplement Hart
Det L.A. Hart 310
302021020963