DETROIT, MI - Johnathan L. Sails lied to become a swim instructor at East Detroit High School and took the time to change into swim attire before attempting to save 14-year-old KeAir Swift, who was drowning in the school's swimming pool, says

Macomb County Prosecutor Eric Smith.

Sails, 24, was sitting in the bleachers outside the immediate pool area, Smith told MLive Detroit in an interview, and at first ignored pleas from KeAir's classmates to help the student who could not swim and was spotted at the bottom of the pool. The incident occurred about 1 p.m. on Nov. 8.

"He's just messing around," the prosecutor said was Sails' initial reaction. Sails responded when the students returned a second time. Sails, with the help of a janitor, was trying to get KeAir out of the pool using some nearby equipment, Smith said, and when he was unsuccessful headed off for the locker room to change his clothes.

"Once he walked away from the pool area to change, that was all the gross negligence I needed," Smith said.

Upon his return, Sails entered the pool and was still unable to pull KeAir from beneath the surface, at which time the vice principal heard the commotion, entered the pool area and immediately dove into the water, still wearing a dress suit, and pulled KeAir to the side of the pool.

It was too late. Three days later KeAir was taken off of life support and died.

If convicted of involuntary manslaughter, Sails could face up to 15 years in prison.

The Prosecutor's Office recommended charges late Monday. Court personnel said, as of late Tuesday, Sails had yet to be arraigned.

Smith said Sails was working as a long-term substitute swim instructor, although he didn't have the proper credentials.

"The previous instructor's credentials had lapsed and Sails represented himself as having those credentials," Smith said.

It appears the school never checked, Smith said. Sails is not a certified lifeguard.

“We tried to put together a case against East Detroit schools but we could not,” Smith told the Macomb Daily . “We believe the school district was negligent but we just couldn’t charge them.”

Smith said several decisions made leading up to KeAir's death appear to have been negligent.