News

No charges in death of 12-year-old at wilderness camp, D.A. announces

By Lightning Reports, Published: November 6, 2024

Prosecutors will not pursue involuntary manslaughter charges in the suffocation death of a 12-year-old camper at the Trails Carolina Wilderness Camp in Transylvania County on Feb. 2, District Attorney Andrew Murray announced on Wednesday.

Clark Joseph Harman was found dead “under circumstances initially raising concerns about possible criminal negligence,” Murray said in a news releasee.

The Transylvania County Sheriff’s Office immediately began an extensive investigation to determine the cause of death and whether criminal charges were warranted after the boy died at the therapy camp for troubled youth. The sheriff’s investigators briefed the district attorney and his executive team on the findings of its investigation and provided their comprehensive report.
“This is an incredibly heartbreaking case, and our thoughts are with Clark Harman’s family and loved ones during this profoundly difficult time,” Murray said. His office reviewed autopsy reports, witness statements, the voluntary interviews of four camp counselors that were in the cabin with Harman the night of Feb. 2, numerous crime scene photos, personnel files, camp logs and confiscated physical evidence.

“It is uncontroverted from the Medical Examiner’s report that Clark Harmon suffocated while being required to occupy a personal sleeping bivy his first night at the camp. The investigation revealed that Clark Harman’s death was the result of suffocation, which, while tragic, did not involve criminal intent or recklessness sufficient to warrant criminal charges for involuntary manslaughter under the law,” the D.A. said.

Protocols of Trails Carolina required camp counselors to place new wilderness campers in a personal sleeping bivy outfitted with a sleeping bag on their first night at the camp. The bivy was zipped closed with an alarm mechanism triggered if the zipper contacts were separated. The purpose of the alarm was to prevent a minor from running away during the night.
The evidence revealed that four adult camp counselors were stationed in the cabin, along with five minor campers, the night Harman died.

“Although all four camp counselors reported hearing Clark Harman thrashing about and uttering incoherent gibberish in his sleeping bag at times, none of the counselors reported hearing anything resembling words like, ‘I can’t breathe’ or ‘help,’” Murray said.

Interviewed by Department of Social Service investigators several days after Harman’s death, the other children in the cabin that night corroborated the camp counselors’ statements that Clark Harman was audibly and physically upset about having to sleep in the bivy; none, however, reported hearing words of distress.

“It is apparent from the investigation that although the counselors understood Clark Harman was agitated and distraught with being required to sleep in the bivy, they never perceived him as suffering any type of medical distress until they attempted to awaken him in the early morning hours,” Murray said.
“The law requires us to meet a high threshold when considering charges of involuntary manslaughter,” he said. “While we are deeply saddened by this tragedy, we must follow the law and make decisions based on the evidence and our legal standard of proof beyond a reasonable doubt.”

Murray thanked Transylvania County sheriff’s officers “for their professional and thorough investigation in this extremely difficult and heart-wrenching case.”