UPDATED – (7-16-19) The Darke County Sheriff’s Office has confirmed the 2-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 12th at 11:21am, 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 Ormby confirms no charges will be filed. The report reveals there was no evidence of criminal intent.

(7-12-19) On July 12, 2019 at approximately 11:21 A.M. the Darke County Deputies along with Gettysburg Fire and Rescue and CareFlight responded to 7425 Gettysburg-Webster Road on a reported two year old found unresponsive in a swimming pool.

Preliminary investigation revealed that a two year old male was found in a private swimming pool at an address on Children’s Home Bradford Road unresponsive by a family member. The child was rushed to a nearby neighbor’s house on Gettysburg-Webster Road where CPR was administered. At this time it’s unknown how long the child was unresponsive in the pool. The child was flown to Dayton Children’s Hospital by CareFlight where the child is currently listed in critical condition.

This incident is currently under investigation by the Darke County Sheriff’s Office.