A Texas mother is opposing plans by the Bexar County Sheriff’s Office to seek criminal charges after her two-year-old son, Malachi LeBlanc, drowned at a community swimming pool and later died. Grace LeBlanc says the child was being watched by a trusted family friend during a playdate and regards the incident as a tragic accident, while the medical examiner has also ruled the death accidental. The case matters because prosecutors may now decide whether anyone’s supervision of the child warrants criminal action despite the family’s opposition.

Malachi was pulled from the pool at about 7.30pm on 5 August after apparently falling or jumping in while having a snack, and was taken to hospital after lifesaving treatment. He was declared dead four days later, on 9 August, after tests showed severe brain swelling; authorities have not said whom any proposed charges would target. His organs were donated to three children in Texas, making him the second paediatric organ donor at North Central Baptist Hospital.