Pool managers on probation after Fall River pool death

FALL RIVER, Mass. -- Two former Massachusetts state recreation managers were in court on Tuesday and charged with recklessness after a woman died in a Fall River pool last June.

Brian Shanahan, the regional director of the Department of Conservation and Recreation, and Jeff Carter, the south coast district manager, were managers at the pool where 36-year-old Marie Joseph died. Joseph's body went unnoticed for two days because of the murky water.

The charges against Shanahan and Carter are not related to Joseph’s death, just in connection with the condition of the pool.

On Tuesday, they are sentenced to one year probation and their cases were continued without a finding for a year. As long as Shanahan and Carter do not violate the conditions of their probation the charges against them will be dismissed on Feb. 7, 2013.

“I’m furious. I can’t even believe what I heard,” said Debra Gutter, Joseph’s friend. “No justice was served for anyone. Especially her family, she’s gone. No one can bring that back. Someone should have paid for it.”

Shanahan and Carter admitted to sufficient facts in the case against them. Shanahan and Carter resigned after Joseph’s June 26, 2011 death in the Lafayette Park pool. The managers weren’t charged with Joseph’s death, but were charged with recklessness for opening the pool to children on June 27 and 28, while Joseph’s body sat at the bottom of the pool obscured by cloudy water.

“The water became what is described as pea-soup green,” said Assistant District Attorney Patrick Bomberg.

Shanahan’s attorney said his client knew nothing about the possibility of a drowning the previous day.

“Mr. Shanahan at the time that he took his actions on the 27 of June, neither he nor anyone else was aware of the fact that someone had been injured and passed away in that pool. Had he known that, obviously his actions…” said Thomas Drechsler, Shanahan’s attorney.

No one has been charged in Joseph’s death.

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