GREENVILLE – The Darke County Sheriff’s Office has confirmed the two-year-old boy named Max Smith died on July 15, 2019 after an accidental drowning at his family swimming pool. Max was pronounced dead at Dayton Children’s Hospital.

On July 12, 11:21 a.m., deputies and emergency crews were dispatched to 7425 Gettysburg Webster Road for a child that was unresponsive and not breathing. Emergency responders arrived on scene and found neighboring citizens administering CPR to a two year old child. Rescue crews treated the child at the scene and Careflight transported the child to Dayton Children’s Hospital.

A Darke County Sheriff’s Office investigation revealed the child walked out of the family residence and entered the swimming pool without the mother’s knowledge. The child’s mother discovered the child missing and eventually located him floating in the pool. After being unable to locate a working cell phone the mother rushed the child to a neighbor’s house for immediate help.

After completing the investigation, the facts were discussed with the Darke County Prosecutor’s Office. Prosecutor Kelly Ormsby confirms no charges will be filed. The report reveals there was no evidence of criminal intent.