October 1, 2016 Agwuoke v. Houston Independent School District

On Thursday, April 10, 2008, Chukwueloka (Vincent) Agwuoke, had been participating in a physics class project being held in the Patterson Natatorium and swimming pool of the Westside High School. According to Vincent’s parents, Vincent was a non-swimmer. And, according to Mayra Mazariegos, a student in Vincent’s physics class, he admitted to her during the project that he could not swim.

Author: Gerald M. Dworkin
Date: January 29, 2013

On Thursday, April 10, 2008, Chukwueloka (Vincent) Agwuoke, had been participating in a physics class project being held in the Patterson Natatorium and swimming pool of the Westside High School. According to Vincent’s parents, Vincent was a non-swimmer. And, according to Mayra Mazariegos, a student in Vincent’s physics class, he admitted to her during the project that he could not swim.

The natatorium contained an 8-lane swimming pool measuring approximately 65’ from east to west, and 75’ from north to south. At the north end of the pool, there were 2 diving boards and 8 starting blocks. The depths of the water was 11’ – 12’ at the north end, and 4’ – 5’ at the south end. On one wall of the pool, two maintenance poles were mounted on the wall – one with a net and the other with a brush. On the same wall, and mounted with the other two maintenance poles, was a Shepherd’s Crook. There were 3 ladders on both sides (east and west) of the swimming pool. The incident report states, “in the northeast corner of the natatorium were large containers of safety float devices”, although it is not clear what these devices were (i.e. lifejackets, lane lines, etc.). The pool area was appropriately illuminated. The water was clear, and the water temperature was approximately 81.1 degrees F

The natatorium was under the supervision of Coach Sikkema. In addition to the coach, there supposedly was at least one, and perhaps several, student lifeguard(s) assigned to supervise the swim area and safeguard the students while participating in this project. Coach Sikkema was not authorized as an American Red Cross Water Safety Instructor or Lifeguard Instructor, nor was he certified in Lifeguarding. However, he was certified in CPR, and Safety Training for Swim Coaches.

Vincent, along with other classmates, were participating in a project for a physics class in the natatorium swimming pool. The physics project dealt with the subject of buoyancy and required groups of students to build a boat from cardboard and duct tape. The boats were then placed in the pool and one, or several students, from each group would climb into the boat and paddle the boat back and forth across the shallow end of the swimming pool. This project was under the direction and supervision of physics teacher, Mrs. Vanessa Coronado.

According to Ms. Coronado, there were six or seven boats, but only two boats were allowed in the pool at a time and the boats were restricted to the shallow end. “The students would get in the boats and paddle across the pool to see how well their boat would do.”

Once the project was completed, the students were then responsible for cleaning up the debris from the boats and to prepare to remove the boats from the pool area and to dispose of them in the dumpster outside the natatorium. According to Ms. Coronado, “we had some students in the water making sure there was not cardboard or duct tape floating around. I got out of the pool to make sure there was nothing in the area.” In her statement to the police she indicated, “they all knew not to go to the deep end.”

However, while students were cleaning up the area, several of the students, including Vincent, walked over to the north wall, with the intent of jumping into the deep end of the pool.

A surveillance camera was positioned inside the Natatorium that captured footage of this incident and shows the following:

1:39:35: Vincent and four (4) other students congregate at the northeast corner of the pool. Two of the students had jumpted into the deep end of the pool previously.

1:40:38: Vincent runs and jumps into the pool from the north end, entering lane #3.

1:42:01: Vincent loses consciousness and lays motionless on the pool bottom, approximately 20 feet from the north end of the pool in approximately 12 feet of water.

1:44:37: Vanessa Coronado and Adriana Say enter the water to recover Vincent from the pool bottom.

1:47:47: First school nurse arrives on scene.

1:48:19: Second school nurse arrives on scene.

1:51:50: Fire Department Paramedics arrive on scene.

According to the Memorandum issued to Superintendent of Schools, Albelardo Saavedra from Billy M. Aldrich, Investigator, Office of the Inspector General, all of the students who jump in at the approximate time as Vincent swam to the south end of the pool, where they exited the pool without noticing that Vincent was still under water and in distress. “It was obvious from the video that Vincent was in trouble from the time he entered the water. He began to move his arms and legs, trying to advance under the water, but he never reached the surface. Vincent struggled along the bottom of the pool, reaching the point in the pool where the bottom begins to rise, but he was unable to make enough progress up the inclined bottom to reach the surface.

According to the assessment of this footage by the Houston Police Department, this footage shows 6 students entering the water from the north wall including:

• Gregory Gibson entered the pool in lane #1 at approximately 1:40:13
• Kalen Devon Samuel entered the pool in lane #5 at approximately 1:40:36
• Vincent Agwuoke entered the pool in lane #3 at approximately 1:40:38
• Sara Mirjamali entered the pool in lane #2 at approximately 1:40:39
• Rachel Anderson entered the pool in lane #3 at approximately 1:40:44
• Andreus Mdad entered the pool in lane #4 at approximately 1:41:22

The Houston Police Department Incident Report indicates that Vincent voluntarily entered the pool from the north wall into lane 3, approximately 4’ from the north wall. The water depth was approximately 12’ deep. The surveillance footage shows that Vincent “was in immediate distress after jumping into the pool.” Vincent submerged below the water’s surface and “was able to struggle approximately twenty feet in water before he became unconscious and drowned.”

Although the students were supposedly restricted to the shallow end of the pool, according to Mayra Mazariegos, “I saw people jumping in the deep end and doing cannonballs…. I heard someone ask Ms. Coronado if it was okay to go jump in the deep end. Ms. Coronado told them yes but to be careful and not to jump from the diving boards.”

Kalen Devon Samuel, another student in the physics class, stated “I asked Ms. Coronado if we could go do cannonballs. She said we could, but could not jump off of the diving board. We got out of the pool and went over to the other end of the pool. We jumped in twice.” Kalen did not know that Vincent was a non-swimmer and stated, “I would not have jumped in if I knew that he could not swim.”

Sara Mirjamali, another student in the physics class, stated. “Devon asked Mrs. Coronado if we could jump into the deep end of the pool and she said yes, but not to jump off the diving boards….. We all lined up against the wall…and…everyone took a running start into the pool from the wall.” According to Rachel Anderson, another student, “Sara, Devon, Vincent, and myself all stood against the back wall and were talking about who was going to jump in first…. Devon and Vincent both took running starts from the back wall and jumped in, one right after the other.”

Gregory Gibson, another physics class student, stated, “I asked Mrs. Coronado if those that could swim go and get into the deep end of the pool. Mrs. Coronado replied ‘yes, but don’t get on the diving boards.’” I proceeded to the deep end of the pool where I jumped into the deep end three times.”

After Vincent entered the water, no one observed Vincent’s struggle and his distress went unrecognized for several minutes. When Coach Sikkema exited his office, he observed Vincent on the pool bottom in the deep end of the pool. He immediately alerted others in the pool area at which time Adriana Say, a student, and Mrs. Coronado entered the pool to recover Vincent from the pool bottom. Once Vincent was removed from the pool, CPR was initiated by Coach Sikkema and Mrs. Coronado.

According to Adriana Say, she entered the pool area at approximately 2:45 PM. As Coach Sikkema was coming out of his office to talk to her, she “looked into the pool and told Coach Sikkema that something was in the pool. The object was past the diving board so I walked past it. I looked closer and saw that it was someone inside of the pool. I took my backpack off and jumped into the pool.” Adriana recovered Vincent from the pool bottom, and Mrs. Coronado and her were able to swim Vincent to the edge of the pool at which time Coach Sikkema pulled Vincent out of the pool and onto the pool deck. Coach Sikkema then instructed her to call 911 at which time Adriana called 911 from the Coach’s office.

Coach Sikkema placed Vincent on the pool deck and observed that Vincent did not respond to verbal stimuli, his eyes were open, foam was coming from his mouth, and his abdomen was bloated. He then instructed Adriana to call 911.

After turning Vincent on his side to clear his airway, Coach Sikkema assessed Vincent to be in respiratory and cardiac arrest. He then immediately initiated CPR. Mrs. Coronado then took over compressions, while Coach Sikkema continued providing positive pressure ventilation via mouth-to-mouth rescue breathing.

According to School Nurse, Martha Allbright, she was informed by several students that she was needed at the swimming pool. She immediately informed the other nurse on duty, Linda Sumpter, of the emergency. She then grabbed a radio and advised Police Officer Alaniz to respond to the pool as well. Officer Alaniz received a radio dispatch at 2:50 PM from the school nurse that she needed assistance inside the school natatorium. Officer Alaniz arrived on scene at 2:51 PM and observed Coach Sikkema administering CPR. He then notified HFD emergency to dispatch an ambulance to the scene.

When Nurse Allbright entered the natatorium she observed Coach Sikkema administering CPR to Vincent. She then assessed Vincent to be in cardiac arrest, with foam coming from Vincent’s mouth and nose. She observed no trauma to Vincent’s body. Nurse Allbright then produced a personal resuscitation mask to administer mouth-to-mask rescue breathing. While the nurses took over airway management and positive pressure ventilation, Coach Sikkema continued administering chest compressions. An AED was brought to the incident scene prior to the arrival of the Paramedics. However, as they were attaching the electrodes, the Paramedics arrived on scene. CPR was continued until the Paramedics took over patient care.

Houston Fire Department Medic Unit #86 arrived at Wastside High School at approximately 2:50 PM. Vincent was transported to Hermann Memorial City Medical Center and arrived at the hospital at approximately 3:52 PM. He was pronounced deceased by Dr. Mark Im at 4:08 PM.