No charges for 5 teens who mocked and filmed drowning man in a Florida pond 5 teens mocked and filmed a drowning disabled man, Jamel Dunn, In July 2017.

J.D. Gallop | Florida Today

Show Caption Hide Caption No charges for teens who mocked, filmed drowning man A year after police say 5 teens mocked and filmed a disabled drowning man in a Florida pond, prosecutors ruled out filing charges. Video by Jeff Gallop and Jennifer Sangalang, FLORIDA TODAY

The case drew worldwide attention and a social media outcry

Nearly a year after a 31-year-old disabled man sank beneath the waters of a retention pond as five teens mocked, laughed and videoed his final moments, prosecutors said they will not pursue charges in the case.

The decision was made in recent days and followed talks with the family of Jamel Dunn of Cocoa, Florida, whose final pleas for help were captured July 9 on an about 2 1/2-minute cellphone clip by one of the teens.

“I know that everyone was sickened by the callous disregard for human life exhibited by these young people. We can only hope that this was an isolated and rare circumstance that will never happen again," said Florida State Attorney Phil Archer in a prepared statement. "Unfortunately, Florida law does not address this behavior and we are ethically restrained from pursuing criminal charges without a reasonable belief of proving a crime beyond and to the exclusion of every reasonable doubt.”



The case drew worldwide attention amid calls from state lawmakers for new, "Good Samaritan" legislation that would make it a legal requirement for people to call or assist anyone in trouble.

Audio: Teens appear to mock drowning man in Cocoa WARNING: Strong language. FLORIDA TODAY has obtained a video that appears to show a man drowning in a Cocoa Pond last week while a group of teens mock the drowning man. This is the audio portion of that video.

The measure, however, failed to come up for a vote in the Florida Legislature.

For Cocoa police and community advocates, the death was a case that touched on the law as well as the question of moral obligation toward someone in distress.

The charge the agency forwarded to the state attorney’s office for review: duty to report a death to a medical examiner, which is a misdemeanor, reports show.

Detectives pointed out that the teens — ages 14 to 16 — failed to call for help and left the man after witnessing him struggle for air before slipping beneath the waters of a pond.

“We had researched every possible avenue to see if there were any criminal charges that could apply. In this case, it just doesn’t apply. It’s unfortunate. It’s regrettable that the laws of Florida, as they are written, don’t allow us to file any charge in this case,” said Yvonne Martinez, spokeswoman for the Cocoa Police Department.

Video: Teens mocked, filmed drowning disabled man Warning - disturbing video with explicit language. Teens mocked and filmed Jamel Dunn of Cocoa July 9, 2017, while he was drowning in Bracco Pond. Video by Malcolm Denemark

“It’s a difficult issue because some people have compared it to trying to legislate morality, but it comes down to this: we as a society have to do a better job of teaching our kids right from wrong, and to help people in need," Martinez said. "When you watch that video, there really aren’t words to describe their actions.”

More: Mourners gather at funeral service for drowning victim Jamel Dunn

More: Police turn over Cocoa drowning case to prosecutors

More: Gabordi: How we covered life at the bottom of the barrel

The moment was captured on video by one of the teens. Police struggled for guidance in dealing with the teens, several who later expressed remorse.

Prosecutors, working with information from Cocoa detectives, called the drowning death a ‘tragedy’ and promised to review the case for any possible charges.

Commentators across the nation debated what some saw as the lack of moral will on behalf of the teens to assist Dunn as he pleaded for help with his last breath.

Rappers including The Game and Gucci Mane shared the story about the drowning to their fans, prompting more discussion and calls for accountability.

Dunn’s family still struggles with the aftermath of the drowning.

Teens filmed, mocked drowning man, Cocoa police say // #scum https://t.co/GMtVN4bL0V — James Woods (@RealJamesWoods) July 21, 2017

Dunn’s mother still has night terrors and is seeing a therapist as a result of the tragedy.

“I just never got any closure,” said Gloria Dunn of her son’s death and the absence of any state charges in the case. “They laughed at him. At the end of the day, you can’t live that down.”

What happened

Dunn had gone missing after he failed to turn up at home in Cocoa. His fiancée filed a missing person report. Others took to social media to ask if anyone had seen Dunn, who was heavily tattooed and walked with a limp, the result of a previous gunshot wound years before.

His badly decomposed body – identified by its multiple tattoos, including one reading ‘I’m Blessed’ – was found July 12 along the edge of the pond. There were no visible signs of trauma, reports show. Then on July 18, a family friend was alerted to a video that surfaced on social media. The video link was given to police. The video then gave detectives a clearer picture of what happened July 9.

More: Why won't teens be charged for not helping drowning man?

More: Drowning case teaches lessons about social media's impact on society

More: Police chief pursued charges against teens accused of filming drowning man

The clip depicts the still unidentified teens off-camera, laughing as the man screamed in the distance for help before going under in the murky water just after noon July 9 off Plaza Parkway.

“Bruh’s drowning, what the heck,” one teen is heard saying. “Ain’t nobody gonna help you, you dumb (expletive),” while another teen says, “We’re not (fixing to) help your (expletive).”

Funeral of James Dunn, who was mocked while drowning A funeral was July 29, 2017, for Jamel Dunn, who died July 9. 5 teens recorded and mocked Dunn while he was drowning in a pond. Video by Malcolm Denemark

None of the teens, who were out to enjoy a little cannabis, attempted to help Dunn.

“We just (let) buddy die; we could have helped his (expletive), and we didn't even try to help him,” another teen says.

There were no calls to 911 from the teens. Police later said there appeared to be little initial remorse from the teens. One of the teens told his sister hours after the incident, but did not call authorities to report what he saw, reports show.

Weeks later, Cocoa detectives forwarded the case to the state attorney’s office for review as state lawmakers debated the merits of a Good Samaritan law.

The decision to not prosecute means the case is effectively closed.

Contact Gallop at 321-242-3642

or jdgallop@floridatoday.com.

Twitter: @jdgallop

Video: Child psychologist talks Cocoa drowning video Child psychologist Dr. Vicki Panaccione talks about what to tell your children about the recent lack of compassion by teens in Cocoa that witnessed a drowning and what they should do are ever in that situation. Video by Malcolm Denemark