Austin News
EXCLUSIVE: Witnesses describe bathroom game in boy's death investigation 
10:25 PM CDT on Thursday, October 2, 2008
Austin police investigators Thursday released the report on the death of a student found at NYOS (Not Your Ordinary School) earlier this year -- the accidental death may have happened during a bathroom game.
The 94 page report answers many of the questions surrounding the death of 7-year-old Tevin Park-Flowers.
The gym teacher found Tevin unconscious, hanging from a coat hook by his shirt, on January 30. He died two days later. A school administrator had said Tevin took a bathroom break during an assembly in the school gym.
Forty-one school staff members were interviewed about the incident. Police also interviewed several students after his death. Some spoke of a game where they would run and jump on the bench in the bathroom to try and touch the ceiling. One student is quoted saying that sometimes when they were in the bathroom, "we play on those benches and we just jump up by the hooks. The kids would run and jump across the corner of the benches or jump to try and touch the ceiling."
Police cannot confirm that is how Tevin got hung, but he was not in the bathroom alone.
While it's unclear whether Tevin was playing that game on January 30, police say another student was in the bathroom the entire time.
This is what the boy said, according to the report:
"He stated that there was no one besides him and the boy in the bathroom. He said he did not say anything to Tevin because he thought he was dead. He said he thought another boy could have hung him up there but he did not see that."
Police say another boy walked in and used the bathroom while Tevin was hanging, but did not tell anyone what he had seen.
"This was a collaborative effort with our entire unit taking part in this in some form or fashion. The investigation itself is closed. It has been ruled an accidental death. There are no criminal charges that will be filed," said Detective Chris Smyth, Austin Police Department.
There are still questions as to how long Tevin was in the bathroom -- some staff members said 10 minutes and some said 20 minutes.
A preliminary police investigation concluded that no foul play was involved and that his death was accidental.
The school launched its own investigation into his death. It also changed its safety procedures -- students now use a "buddy system" during bathroom breaks. As a safety precaution, administrators removed all exterior bathroom doors and all coat hooks.
Tevin's family took legal action against the school earlier this week claiming that the school refused to answer additional questions about the incident.
A judge ruled that NYOS must give a deposition in the case.
Chair of the NYOS Governing Council, Susana Hildebrand, told KVUE News earlier this month that school officials have revealed what they can legally and cannot discuss anything more with Tevin's parents because they did not want to jeopardize the police investigation.
Tevin's parents hope to get more answers from school officials in the upcoming month. On Tuesday, a Travis County judge granted Tevin's parents and their attorney permission to interview school faculty under oath.
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