Mother of drowned 3-year-old facing criminal charge, will be extradited back to El Paso

UPDATE: District Attorney Bill Hicks held a press conference Tuesday to discuss Weavers case.

Hicks said Weaver has been arrested and is in the Elkhart County Correctional Complex in Indiana.

She's facing a charge of Injury to a Child by Omission.

Hicks said a parent has a duty to tend to their child and when they ignore that duty, and it results in serious bodily injury or death, that is a first-degree felony.

Several witnesses have come forward since the drowning at Camp Cohen in May, many said they saw her not paying attention to her child, according to Hicks.

"There was a lot of investigation, getting the various videos that were on scene, getting those videos in place, reviewing all the videos, getting all of the witness statements. It takes a while to do a thorough investigation. We believe El Paso Police did a very thorough investigation," he said.

A message the DA wanted everyone to hear, was that lifeguards are not babysitters, and parents need to pay close attention to their kids around water.

DA Hicks said authorities have 30 days from her arrest to pick her up, El Paso Police are already looking to do that.

EL PASO, Texas (KVIA) -- El Paso officials have charged Jessica Weaver, the mother of 3-year-old Anthony Leo Malave, who drowned at a city water park in May, with Injury to a Child.

Weaver is currently being held in Indiana, and is set to return to El Paso. The court there set a review hearing for September 18, 2023.

An Indiana judge signed the order waiving extradition on August 31, 2023. That means that Weaver has agreed to voluntary return to El Paso.

In July, ABC-7 reported on Weaver's lawsuit against Destination El Paso and the company that runs the Camp Cohen Water Park, ASM Global. She asked for $1 million in the lawsuit.

Weaver blamed the equipment at the water park and an allegedly delayed response by lifeguards for her son's death.

ABC-7 is working to learn more information about what led up to El Paso law enforcement official filing this new charge against Weaver.