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JSO case file: No child-proof screws on septic tank where 3-year-old died

The Jacksonville Sheriff’s Office case file on Amari Harley’s death says child-proof screws were not installed on an underground septic tank where the 3-year-old boy drowned.

JSO found Amari’s gold and black Nike sneaker floating in the Bruce Park septic tank before finding the boy’s body submerged face down.

The 3-year-old died from asphyxiation from inhalation of the septic tank’s contents in the Arlington public park on Oct. 22, 2017.

On Monday afternoon, city workers replaced a sign by the Bruce Park septic tank with a correct emergency number. Action News Jax reported the day after Amari’s death that the posted number didn’t work.

RELATED: Family files lawsuit against two city contractors, toddler found dead in septic tank

JSO’s case file reveals that the JSO officer who discovered the green rubber septic tank lids were unlocked said, “a small child could easily have removed them.”

JSO found the handle on one lid was up and that there was only one screw, covered in rust.

The cases file said the phrase “CHILD PROOF SCREW” was printed on the lids, but the city-contracted inspector from Environmental Remediation Services, Inc. told a JSO officer he did not recall ever making the lid childproof.

“That is an infuriating fact to find out, that the contractor that the city of Jacksonville hired did not find it important enough, in a city park, where kids play, to install the child-proof screw,” said Kay Harper Williams, the attorney representing Amari Harley’s family.

The case file also revealed the city of Jacksonville left out crucial information when it sent Action News Jax inspection reports of the Bruce Park septic tank.

Both JSO and Action News Jax asked the city for the monthly inspection reports, but we got different results.

The city of Jacksonville sent Action News Jax a typed spreadsheet that shows the September 12, 2017, Bruce Park septic tank inspection -- the most recent one before Amari’s death -- said “All Ops OK.”

The city sent JSO a handwritten spreadsheet that shows the September 12, 2017 inspection result as, “Ops OK Lid off of solids tank.”

Bottom line, the city told JSO the lid was removed from the tank weeks before Amari’s death -- information that was left out for Action News Jax.

“Why would information be left off of one form? And everybody in this community should have the same question. Because these are all of our kids and the city should be accountable,” said Williams.

City of Jacksonville spokesperson Tia Ford, Director of Public Affairs Marsha Oliver and city Assistant General Counsel Craig Feiser did not respond to Action News Jax’s two emails asking why the city sent us different information than it sent JSO.

Action News Jax reported in October that multiple people complained to the city in recent years that the lid was not secure.

“What I saw was an open hole with no lid over it,” said Terri Durham, who reported that the Bruce Park septic tank lid was uncovered in Jan. 2017.

“We believe that the level of negligence that occurred here is criminal,” said Williams.

Ford said the city has been installing metal septic tank covers that lock at city parks since Amari’s death.

She said 193 covers are now metal with a locking mechanism.

Ford also said the employee who used to monitor septic tank and lift station inspections was disciplined and is no longer in charge.

“Previously, multiple contractors performed inspections and repairs. The revised process brings these services in-house where monthly inspections and repairs of septic tanks will be conducted by a licensed plumber employed by the city. The city is furthermore inspecting lift stations on a monthly basis utilizing a contractor certified to inspect and repair lift stations,” Ford said.

Amari’s family is already suing the two city contractors who worked on the septic tank.

Williams said she plans to add the city of Jacksonville to the lawsuit.