No charges for involuntary manslaughter in the death of a boy at a nature therapy camp

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

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

The counselors stationed at the hut that night understood that Harman was agitated about having to sleep in a small camping area called a bivy, but did not think he was experiencing medical distress until they tried to wake him, Murray said. Neither the counselors nor the other children in the cabin reported hearing Harman in distress, Murray said.

“The law requires that we meet a high threshold 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 the evidence and our legal standard of proof, beyond a reasonable doubt.”

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

According to the autopsy report, the boy had a history of anxiety disorders, attention deficit hyperactivity disorder and migraines. At the request of his family, he was brought from his home in New York to the Trails Carolina wilderness program. He died less than 24 hours after arrival.

A counselor told Transylvania County Sheriff’s Office investigators that the boy refused to eat and was “noisy and angry,” but later calmed down and ate snacks, according to an affidavit filed with a search warrant released in February. Counsel said the boy had a panic attack around midnight and was checked at 3 a.m. and 6 a.m., the affidavit said. He felt stiff and cold 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 feet were near the opening, meaning the waterproof material of the campsite could fall on his face, the autopsy report said.

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

Two weeks after the boy died, 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.