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A Dallas County grand jury indicted 19-year-old Lucas Roper on charges of “tampering with or fabricating physical evidence with intent to impair” in connection with the drowning death of Daniel Erving at Lake Ray Hubbard.
Police initially said there was no suspicion of foul play. Two teens, Roper and another person who has not been identified as a minor, face charges related to evidence tampering.
Erving’s autopsy report shed light on the high school senior’s final moments before he drowned in Lake Ray Hubbard in April. His family called for a full and impartial investigation into his death earlier this month.
According to the autopsy report obtained by NBC 5 from the Dallas County Medical Examiner, Erving jumped from a bridge into Lake Ray Hubbard, surfaced once and called for help before becoming submerged. He did not resurface.
The report identified Erving as a high school senior and swim team member.
The medical examiner ruled Erving’s drowning an accident. According to the report, police interviewed the two other people who were with Erving.
Police said Roper was charged with tampering with evidence after admitting to investigators that he panicked after Erving drowned. Detectives said Roper discarded Erving’s clothes and deleted all communications with Erving from his cellphone.
The grand jury indictment is a formal criminal charge issued by a panel of private citizens stating there is enough evidence to go to trial. It does not mean the person is guilty. Grand jurors voted that there is fair reason to think a crime happened. Prosecutors still have to prove guilt. Roper will be arraigned and face trial at a later date.
Investigators also said Roper and the minor threw Erving’s cellphone into a ditch.
“Why would you throw away his clothes and delete messages and not even call his mother?” Erving’s mother, Tameka Erving, said.
“If it was your child, would you say it was an accidental death or would you say it was a murder?” attorney Benjamin Crump said.
Dallas police said that, as with any active criminal investigation, detectives evaluate information as it is received and will continue to follow the facts where they lead. They met with the family of Erving last week to provide an update on the investigation and discuss findings. The department said they plan to keep the family informed.
The Dallas County District Attorney’s Office told NBC 5 that it does not comment on pending cases.
The medical examiner’s report states that if further information comes to light in the future, the cause or manner of Erving’s death may be amended.
Attorneys representing Erving’s mother initially said they had no comment on the findings of the autopsy report or whether their call for an independent investigation includes seeking an independent autopsy.
Sean Daredia, lead counsel for the Erving family, eventually released the following statement: “We respectfully but firmly disagree with the conclusions in this report. They rest on the account of the only two people on that bridge with Daniel — the same two who disposed of his belongings and never called for help. The report’s own final line says the cause and manner of death may be amended if further information comes to light. That is not a conclusion — that is an open question. The police investigation is still open, and so is ours.”
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