Judge Dismisses Charge In Eastpointe Student's Pool Death

EASTPOINTE (AP/WWJ) - An involuntary manslaughter charge has been dismissed against a teacher who was blamed for the death of a metro Detroit teen in a high school pool.

Macomb County Judge James Maceroni tied his ruling Monday to the legal standard set by the Michigan Supreme Court in a civil lawsuit in a different drowning.

Johnathan Sails was accused of failing to keep an eye on 14-year-old KeAir Swift, who was having trouble in the water at East Detroit High School in 2013 during a remedial swim class.

Macomb County Prosecutor Eric Smith said Sails was found to be "grossly negligent" as he wasn't certified as a swim teacher and had allegedly mis-representing his Red Cross training to the school district

A vice principal jumped into the pool, in a suit and tie, to rescue the ninth grader, who was resuscitated by EMS but died after several days on life support.

Maceroni ruled that Sails' conduct doesn't rise to criminal culpability, even if he hesitated before going into the water to try to help the boy.

Sails said he's "heartbroken" over KeAir's death and prays for his him and his family.

Assistant prosecutor Bill Cataldo said an appeal is likely.

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