A Greenville County Judge is reviewing a motion to dismiss charges for foster parent Travis Wagner.
Wagner was charged with Homicide by Child Abuse in December after foster child Za’Marion Wilcox drowned at their community pool over Labor Day weekend.
Video captured the drowning, that was described during a preliminary hearing on Wednesday.
The Sergeant over the case said that Wagner was in the pool with his two children, and a neighbor’s child, while Za’Marion walked around the edge of the pool.
The Sergeant said at one point Za’Marion placed a towel over his head, walking the edge of the pool. Za’Marion fell in, going under the water unnoticed for more than 2 minutes.
The Sergeant stated that Za’Marion did not know how to swim and was not wearing any flotation devices.
Defense lawyer Sloan Ellis filed to dismiss the charge, based on the case McKnight vs. State, claiming that negligence is not enough to stand on for a charge of Homicide by Child Abuse.
The judge stated that she would review the motion to dismiss and make a ruling at a later time.