Child's drowning leads to manslaughter charges against pool builder

In what is believed to be the first case of its kind, the president of a Connecticut pool company has been charged with manslaughter in the death of a six-year-old boy who drowned last summer after becoming entrapped by the powerful suction of filter pumps connected to pool drains.

David Lionetti, the president of Shoreline Pools of Stamford was charged with second degree manslaughter for allegedly failing to install mandatory safety devices in the pool where Zachary Cohn of nearby Greenwich drowned last July.

Under a Connecticut law adopted in 2004, new pools must have three or more anti-entrapment features included to ensure safety: an approved anti-vortex drain cover, a dual drain system in which two suction drains are located at least three feet apart to split the force of the suction, and a safety vacuum release system that cuts power to the pump when an object blocks the flow of water through the drain.

In earlier postings, we wrote about a new federal pool and spa safety measure that was signed into law in December. The Virginia Graeme Baker Pool and Spa Safety Act requires that by December 19, 2008, all public pools and spas have safety drain covers, and in certain circumstances, an anti-entrapment system.

Tragically, over the past eight years there have been nine deaths and 63 injuries caused by the entrapment of people by suction from pool drains, according to the Consumer Product Safety Commission. Broken or missing drain outlet covers are a leading cause of such incidents, according to the CPSC.

Just last week, a four-year-old Miami girl nearly drowned when her arm was caught in the vacuum drain of her family's backyard swimming pool.  Such incidents highlight the need for these safety measures.

One pool-safety advocate told ABC News that he is hopeful the prosecution of Lionetti will send a strong message to swimming pool owners, contractors and government building officials. "As a result of this arrest we are anticipating that many pools will now be made safe and compliant," said Paul Pennington, spokesman for the Pool Safety Consortium.

Brian and Karen Cohn, the parents of the boy who drowned in Greenwich, issued a statement through their attorney saying the prosecution would draw attention to the necessity for anti-entrapment devices and legislation making them mandatory, according a report in the Greenwich Time newspaper.

This past January, the Cohns filed a suit against Shoreline Pools, the town of Greenwich, and others involved in the construction of the pool, claiming the pool violated state building codes because the drainage system did not have necessary safeguards to shut off suction if an object blocked the drain.

"Nothing will bring our son back, but we hope this prosecution will help prevent another horrific accident like this from happening to someone else," the statement said. "Those who knowingly violate pool safety codes designed to protect children should be held accountable for their actions."

State Attorney David Cohen told the Greenwich Time that Lionetti's company failed to install a legally required safety vacuum-release system on the Cohn family's pool, and a mandated dual-drain system, Cohen said.

Under Connecticut law, municipal building inspectors are responsible for ensuring that pool plans are up to code and for inspecting the finished pool before issuing a certificate of occupancy. The Cohn's lawsuit contends that the town issued the permits without inspecting the plans and did not conduct a final inspection before issuing the certificate.

The case is being closely watched in both the safety and legal communities. If convicted, Lionetti faces up to 10 years in prison.